Understanding the Drug Court and Drug and Alcohol Treatment Orders (DATO) in Victoria

Sometimes, when an accused is charged with an offence, there is the possibility that their matter can be heard in the Drug Court.

The main purpose of the Drug Court is to establish whether a Drug and Alcohol Treatment Order (DATO) can be ordered. A DATO aims to provide a post-sentence program focusing on rehabilitating and treating offenders with a drug and/or alcohol dependency – and is therefore therapeutic in nature.

However, to be considered for a DATO, a range of eligibility criteria must be satisfied:

• Accused must reside in a postcode that is applicable for Drug Court
• Accused must be dependent on drugs and/or alcohol that contributed to their offending
• Be facing an immediate term of imprisonment, not exceeding two years
• Charges are not related to sexual offences or involve the infliction of actual bodily harm (unless minor in nature)
• Accused not be subject to a parole or sentencing order made in the County or Supreme Court
• Accused must plead guilty to the offences.

Once it is determined that the accused satisfies the above, a summary case conference may take place with police whereby any disputes as to charges need to be resolved. The order of the below process is not rigid, and there may be various proceedings before an ultimate decision is made.

After a case conference with police, usually a Screening Hearing will occur. This is where the Drug Court Magistrate will assess the suitability of placing the accused on a DATO. The accused’s prior criminal history and any relevant reports should be provided.

If the accused meets the eligibility requirement, at the Screening Hearing, two assessments will occur:

• A clinical assessment which requires assessment by a Drug Court clinical advisor; and
• An assessment of suitability by a Community Corrections case manager.

At the Screening Hearing, if an accused is deemed not eligible for a DATO – the Drug Court Magistrate will either hand down a sentence or refer the matter back to a mainstream court.

If the accused is deemed eligible and after four weeks (post the Screening Hearing), a Sentencing Hearing will occur. The assessment reports would have been considered by the Magistrate in coming to the decision of whether or not to grant a DATO. If a DATO is granted, the accused then becomes a participant of the Drug Court and must follow the conditions of their DATO.

Specifically, receiving a DATO means instead of serving your custodial sentence in prison, this custodial sentence is now served in the community to allow the accused to receive alcohol and/or drug treatment.

The supervision of the accused on a DATO is up to the Drug Court Magistrate. There will also be support from case managers, clinical advisors, the police, Victoria Legal Aid and alcohol and drug advisors to help the accused achieve their treatment.

On a DATO, an accused is required to:

• Attend multiple sessions with the Drug Court where they will be assessed on how they are handling the program (usually weekly)
• Routinely submit supervised drug and/or alcohol tests
• Engage in drug and or alcohol, medical, psychiatric or psychological assessment and treatment
• Attend educational, vocational, employment or other programs
• Comply with the conditions of the DATO, including residential and curfew conditions (and anything the Magistrate deems necessary).

Failure to comply with the requirements of a DATO can result in the cancellation of a DATO and an accused person having to serve the remainder of their custodial sentence in prison.

The Drug Court is only available in the Melbourne, Dandenong, Shepparton and Ballarat Magistrates’ Courts.

Nelson Brown Legal has had various successful outcomes from Drug Court and we are experts in these complex matters. Contact us today for a confidential consultation and expert legal advice.

*Image from iStock.