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Where am I now? Lawlink > Magistrates Early Referral Into Treatment > About MERIT
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About MERIT
MERIT is a Local Court based diversion program that targets adult defendants with illicit drug use problems who are motivated to undertake drug treatment. Defendants assessed as suitable for MERIT can undertake supervised drug treatment as part of their bail conditions.
The Commonwealth and NSW Government entered into the IDDI Funding Agreement (the NSW Government Plan of Action and the National Illicit Drug Strategy, Illicit Drug Diversion Initiative) which provides funding for the MERIT program.
Read the 'Illicit Drug Diversion Initiatives response to Council of Australian Governments' factsheet PDF version (79Kb)
A MERIT treatment program is typically three months in duration, reflecting the average Local Court bail period. At final sentencing, Magistrates are provided with a comprehensive report regarding the defendant’s participation in treatment.
MERIT's Primary Goal and Target Population
The primary goal of the MERIT program is to break the drug-crime cycle by involving defendants in treatment and rehabilitation programs.
MERIT is available to eligible defendants who appear at participating Local Courts. The program targets defendants with a demonstrable drug problem who are eligible and suitable for release on bail and who are motivated to engage in treatment and rehabilitation.
Eligibility Criteria
- Suitable for release on bail
- An adult with a demonstrable illicit drug problem (excluding alcohol)
- Willing to consent to a drug treatment program
- Not involved in offences related to physical violence or sexual assault, or matters that will be heard in the District Court
- Not involved in pending matters of a violent or sexual assault nature
- Deemed suitable for drug treatment and have a treatable problem
- Approved to participate in the program by the Magistrate
The MERIT program allows defendants to focus on treating their drug problem in isolation from legal matters. Therefore, the program is designed so that agreement to become involved is not an admission of guilt for the offence(s) charged and treatment is generally prior to any pleas being made with the adjournment of court matters until the completion of the program.
If eligible, what next?
Clients attend an interview with the MERIT Team to assess the type of treatment that is suitable for them. This information will be made available for the Magistrate. The Magistrate will make the client’s involvement in treatment part of the bail conditions.
What type of treatment is available?
- Detoxification
- Methadone and other pharmacotherapies
- Residential rehabilitation
- Individual and group counselling
- Case management and numerous forms of welfare support and assistance
What happens during the bail period?
- Participants will participate in the drug treatment program as agreed to by both the client and the Caseworker.
- Participants will abide by all conditions of bail and the MERIT Client undertaking.
- Participants will have the support and guidance of their MERIT Case Worker.
- Participants will be required to appear before the Magistrate during this period, as the Magistrate hearing the case will require an update on treatment progress.
What happens if the conditions are disobeyed during the bail period?
Overall, the situation will first be considered by the Case Worker. However, the Court will be notified if participants:
- Fail to attend any two consecutive scheduled appointments within a two week period
- Commit further offences
- Do not comply with the bail conditions
Failure to respond to a drug treatment program will not be dealt with by punitive measures. If convicted of the offence(s) as charged, any penalty will relate to that offence only, and not to any failure to respond to treatment.
Sentencing/Hearing
The completion of the treatment program is likely to coincide with the hearing or sentencing of the outstanding court matter(s).
- The Magistrate hearing the case will be provided with a report from the MERIT program team.
- The report will give information on the client’s participation in drug treatment, any further treatment recommendations.
- Where possible, a detailed aftercare program will be formulated to assist clients to further their drug rehabilitation.
The implications of the client’s compliance or non-compliance with the drug treatment program are at the discretion of the Magistrate. |
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