STATISTICS SHOW MAGISTRATES NOT SOFT ON DRUGS

Victoria's magistrates are imposing tougher sentences on drug offenders,
sending more than twice as many to jail or youth training centres as they
were just four years ago.

Court statistics show that the percentage of drug offenders given a
custodial sentence jumped in the 1990s - despite recent criticism by police
that magistrates and judges have been too soft.

But lawyers say the tougher sentences have not worked and a fresh approach
is needed to try to combat illegal drug use.

Magistrates Court statistics released by the Department of Justice reveal
that more than 10 per cent of drug offenders found guilty by magistrates in
1998-99 were given a custodial sentence.

In 1995-96, magistrates gave custodial sentences (defined as either a term
in jail or a youth training centre, or a partially suspended sentence) to
only 4 per cent of drug offenders.

The number of people sent to jail or youth training centres has also risen
- - from 295 in 1995-96 to 607 last year - in a reflection of Victoria's
growing drug trade.

While the most serious drug offences are heard by the County and Supreme
Court, magistrates have some discretion to hear many serious drug charges.

The statistics, which do not reveal the length of the jail sentences
imposed, include charges of drug trafficking, manufacturing and
cultivation, as well as the lesser charges of possession and use.

The introduction of diversionary programs in recent years, where first-time
drug offenders are not convicted but steered towards counselling programs,
means these tougher sentences are not being imposed for the most minor
offences.

The chairman of the Law Institute's criminal bar section, David Grace, QC,
said the statistics indicated that a policy rethink was overdue.

"The war against drug use has failed objectively. Putting more people in
jail and for longer isn't solving the problem. It's bigger now than it has
ever been," he said.

Mr Grace said the tougher sentences were largely the result of a
"get-tough" approach aimed at deterring others from offending.

He said changes to the law also meant magistrates were now more limited in
their options when offenders breached the conditions of community-based
orders and intensive corrections orders.

Magistrates appear to be getting tougher overall, with 4881 people sent to
jail or youth training centres last year, compared to 4332 four years ago.

The data also showed that:

More than eight out of 10 defendants in the Magistrates Court are found
guilty of at least one charge.

Attempts to reduce delays appear to be working, with 90per cent of cases
completed within 159 days of the date of charging last year, compared to
216 days in 1992-93.