An overview of diversion strategies for Australian drug-related offenders

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, noncustodial 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.

The self-reported impact of legal and non-legal sanctions on a group of recidivist drink drivers

Concern remains regarding the efficacy of legal sanctions to reduce drink driving behaviours among repeat offenders. The present study examined the impact of traditional legal sanctions (e.g., fines and licence disqualification periods), nonlegal sanctions, alcohol consumption and the frequency of recent offending behaviour(s) on intentions to re-offend for a group of recidivist drink drivers (N=166). The analysis indicated that participants perceived legal sanctions to be severe, but not entirely certain nor swift. In addition, self-reported recent drink driving behaviours and alcohol consumption levels were identified as predictors of future intentions to drink and drive. The findings of the study confirm the popular assumption that some repeat offenders are impervious to the threat and application of legal sanctions and suggests that additional interventions such as alcohol treatment programs are required if the drinking and driving sequence is to be broken for this population. (c) 2005 Elsevier Ltd. All rights reserved.