Historique
Périodique
An overview of diversion strategies for Australian drug-related offenders
(Panorama des mesures judiciaires concernant les délits liés aux drogues en Australie)
Auteur(s) :
SPOONER, C. ;
HALL, W. ;
MATTICK, R. P.
Année
2001
Page(s) :
281-294
Langue(s) :
Anglais
Refs biblio. :
82
Domaine :
Drogues illicites / Illicit drugs
Discipline :
MAR (Marchés / Markets)
Thésaurus mots-clés
ILS
;
DELIT
;
ARRESTATION
;
CONDAMNATION
;
PEINE ALTERNATIVE
Thésaurus géographique
AUSTRALIE
Note générale :
Drug and Alcohol Review, 2001, 20, (3), 281-294
Résumé :
This paper provides a descriptive overview of options for diversion of drug-related offenders from the criminal justice system. Drug-related offences include drug offences (for example, possession of a prohibited substance); offences that are directly linked to intoxication (for example, drink-driving or assault); and offences committed to support drug use (for example, theft). After an offence has been detected by police, multiple opportunities for diversion occur throughout the criminal justice process. (a) Pre-arrest: when an offence is first detected, prior to a charge being laid. This is known as police diversion and includes fines, warnings and cautions, sometimes with educational information or referral to assessment and treatment. (b) Pre-trial. when a charge is made but before the matter is heard at court. Examples are treatment as a condition of bail, conferencing and prosecutor discretion. (c) Pre-sentence: a delay of sentence while assessment and treatment are sought. (d) Post-sentence: as part of sentencing, for example suspended sentences, drug courts, non-custodial sentences and circle sentencing. (e) Pre-release: prior to release from a sentence, on parole. Issues for diversion programmes include net widening, the ethics of coercion to treatment, the needs of families and intersectoral collaboration. A framework for diversion is presented in which increasingly treatment-focused and coercive diversion strategies are used as offenders' criminal careers and drug problems increase.
Affiliation :
National Drug and Alcohol Research Centre, University of New South Wales, Australia