DRUGS: FEDS IN NO-JAIL OPTION

First-time drug offenders will be offered education and treatment rather
than a jail sentence, under a new national diversion scheme.

They will undergo a compulsory assessment before being referred to one of
the programs but will risk going back to court if they fail to cooperate.

The scheme picks up the principles used in the ACT and some states, and
extends them across the country with $220 million in federal funding.

Prime Minister John Howard said yesterday that national agreement had been
reached on implementing the scheme, which was hatched with premiers and
chief ministers in April.

The Federal Government will fund projects around the country under the
softer approach which is still packaged under the Government's Tough on
Drugs banner.

'In this way for the first time there will be a nation-wide approach
whereby minor drug offenders can have the option of treatment and/or
education rather than getting caught up in the criminal justice system,' Mr
Howard said.

The program would give police a new option for coping with minor drug
offenders, he said.

'It will give police the formal power to direct those found using or in
possession of drugs away from the criminal justice system and into
compulsory assessment,' he said.

'This is another new approach, I'm not saying this will solve the problem.

'If people need some help and deserve help then we have a moral obligation
as a decent community to offer them that help but they've got to do
something in return.'

Response to the initiative was positive, with most states and territories
saying they are already heading that way.

ACT Health Minister Michael Moore welcomed Mr Howard's announcement and
said it reflected the approach taken in Canberra for a decade.

'I am pleased to support this initiative, what he's doing and what we all
agree on is to try to divert people from the criminal justice system and
get them to treatment,' Mr Moore said.

'In other jurisdictions the diversionary program includes such things as
drug courts.

'In the ACT we have for some years had a drug-court style approach and we
will continue to maintain and improve on that.

'I believe the ACT is well ahead of most parts of Australia on the
diversionary processes, we've had them built into our drugs dependence
legislation for the best part of a decade.

'But no system of dealing with drug usage is 100 per cent effective, and
what we always are looking for is the least worst solutions.

'Although I know Mr Howard disagrees with me on supervised injecting
spaces, it is exactly the same goal that we have there - we're looking in
that case as well as reaching people as early as possible to divert them
into treatment.'

NSW is expected to sign the first individual agreement under the scheme,
which is needed because of the states' and territories' different drug laws.