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News (Media Awareness Project) - Australia: Drug Court Cases Face Tight Rein
Title:Australia: Drug Court Cases Face Tight Rein
Published On:2000-12-02
Source:West Australian (Australia)
Fetched On:2008-09-03 00:36:35
DRUG COURT CASES FACE TIGHT REIN

PEOPLE referred to WA's new Drug Court must provide two drug-free urine
samples a week to avoid penalties that could see them dumped from a drug
treatment course.

A breach points system will be used to penalise positive drug tests,
dishonesty (about whether people are using drugs) and other breaches, while
trying to encourage offenders to succeed on the program.

They will have a number of chances before being ejected from the court's
system.

Offenders who accrue a certain number of breach points face a return to the
normal criminal justice system.

The Drug Court will take its first referrals on Monday. It is expected to
take up to 2000 people in the first year of its two-year pilot operation.

Former criminal lawyer Julie Wager has been appointed to run the court in
Perth Magistrate's Court. She will supervise people referred from the
District Court.

Children's Court president Val French will handle the Children's Court Drug
Court.

The new regime aims to reduce crime by helping addicts control their habit
and by treating drug addiction as a health problem rather than a crime.
Drug addicts will be offered treatment rather than jail. Sentencing is
deferred and offenders supervised by the Drug Court.

There is drug education and supervision for lower-scale crimes.

Ms Wager, or the Children's Court judge, will decide matters that can be
dealt with by the court.

Factors to be considered include, but are not limited to:Evidence of drug
addiction and willingness to be treated.VThe type and seriousness of the
offence (must be drug-related).VPrior criminal record.VOther circumstances
such as protection of the community or availability of programs.

Violent offenders, sex offenders and those facing mandatory or inevitable
imprisonment are excluded from using the Drug Court.

Attorney-General Peter Foss said the establishment of the court meant
people with addictions would be regularly supervised, supported by programs
and a mix of sanctions and inducements.

It would provide addicts with a chance to tackle the underlying causes of
their criminal behaviour.

Opposition justice spokesman Jim McGinty said the court represented a
positive step to help people.

"Drug users and their families will be given a real incentive to break
their habit and that is a lot more constructive than the heavy rhetoric we
often hear about drugs," Mr McGinty said.
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