DRUG COURTS ON TRIAL IN MONTHS

DRUG courts will be operating in Western Australia within months, ahead of
legislation to be introduced in state parliament next year.

A judge and two magistrates have been identified within the court system to
begin sentencing offenders under the new regime, which will persuade
drug-dependent people to undergo rehabilitation.

The trial will operate on a small scale, affecting up to 300 offenders in
the next year, and may be expanded.

State Attorney-General Peter Foss concedes the program is modest, but says
he was not willing to follow the "ambitious" model in NSW, which is "huge in
cost and numbers of people involved".

"There has been no real evaluation of that yet, so we'll keep an eye on it
and see if they get value for money," he said.

Mr Foss unashamedly sees the concept in dollars and cents, comparing the
$60,000 per year each prisoner costs to the extra funding in the court
system. "If you look at it in cash-flow terms, if this works, it will pay
dividends down the track," he said.

"We've got no illusions that tackling the drug problem is going to wipe out
crime, (but) it doesn't take too many people kept out of jail to save money.

"If it is going to be cost-effective, then we will expand it."

The scheme will operate mainly in the magistrates courts and with part-time
courts in the children's and district jurisdictions.

Drug-rehabilitation centres, funded under the recently announced federal
government drug program, and community corrections officers will be
appointed to manage the offenders' cases.

Robert Fitzgerald, head of policy and legislation at the Ministry of
Justice, said much of the program could be implemented ahead of planned
amendments to sentencing acts next year.

Dr Fitzgerald said offences committed to support drug habits, such as
stealing and breaking into premises, would be prominent in the drug courts.

To qualify for the program, an offender must plead guilty to all charges and
agree to take on rehabilitation. The court would then defer sentencing and
order the offender to undertake a program, either residential or as an
outpatient, and report back regularly.

"The court determines the frequency of reporting and initially that would
probably be every week," Dr Fitzgerald said.

"As the offender progresses this is relaxed.

"If he or she returns a dirty urine sample or is reported by the treating
agency for some breach, there is an immediate return to the court.

"Whether the offender continues depends on the severity of the breach, but
there will be a lot of discretion and the axe won't fall until it's clear
that hope has been lost."

If the treatment is successful, the offender may ultimately be sentenced to
a good behaviour bond instead of a jail term.

John Ley, president of the West Australian Law Society, said the legal
fraternity preferred to have the drug court option for all relevant
offenders, but was not unhappy with the "slowly, slowly" approach.