The Drug Court operates in the Adelaide Magistrates Court.
To be eligible for participation a person must fulfill ALL of the following criteria: -
- Have committed an offence whilst an adult (18 years of age or above at the date of commission of the offences)
- Live in the boundaries of the Adelaide Metropolitan Area at a residence that is suitable for electronically monitored home detention bail. The geographical regional boundaries extend as far north as Gawler City Centre, as far South as Noarlunga City Centre and as far east as the foothills
- Be charged with an offence that is related to their drug use (but not necessarily a drug offence), for which they are likely to be imprisoned.
- Have either:
- A current dependency on illicit drugs or
- A previous dependency, which is not current due to an involuntary or forced abstinence; and have a high probability of returning to drug use.
- Indicate a willingness to participate in the Drug Court Program and comply with the case management plan developed for them
- Plead guilty to both the most serious offence and the majority of offences with which they have been charged
Persons are not eligible if:-
- They are charged with a major indictable offence, or
- They are charged with an offence of violence or have a history of violent offences.
The program runs for either 6 or 12 months depending on the offending and drug dependency. The program involves frequent and random drug testing, counseling and regular court reviews to chart your progress on the program. You will also be placed on strict home detention bail conditions which will ease if you progress through the program successfully.
Should you be found to take drugs, fail to attend counseling sessions or breach your bail conditions on a regular basis you may be placed in custody for a 2 week stabilization period. If the breaches continue, you may be terminated from the program and sentenced accordingly.
Upon completion of the program you will be sentenced. Your sentence will depend on how successful you were in completing the program. It is common for people who successfully graduate the program to be given suspended sentences.