Court Diversion and Minor Drug Offences

Charged with a minor drug offence?

If so, you may be eligible to receive a court diversion to attend a drug education and information session rather than receive a traditional penalty like a fine or probation order. Court diversion is aimed at diverting minor drug offenders from the criminal justice system.

If you have been charged with a drug offence, contact us to discuss your options at a free case appraisal.

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Am I eligible for court drug diversion?

You may be eligible for a court diversion if you:

• Are charged with one or more eligible drug offences
• Appear before the magistrates court or Children's Court
• Admit guilt to the offence
• Have not been previously convicted of, or are currently facing charges of a sexual nature or a drug offence dealt with in the District or Supreme Court

Unfortunately, if you have been offered two previous diversions in the past, including a diversion under the police diversion program, you are not eligible for a further diversion.

​What is an eligible drug offence?

Eligible drug offences that allow you access to a court diversion program include:

• Possession of a minor amount of drugs
• Possession of anything used in connection with a drug offence if the thing was for personal use
• Possession of items used for the administration, consumption or smoking of dangerous drugs
• Failure to take reasonable care of a syringe
• Failure to dispose of a syringe.

​Examples of minor amounts of drugs include:

• Cannabis – 50g
• Heroin – 1g
• Methadone – 1g
• Amphetamine – 1g
• Cocaine – 1g
• LSD – 3 tickets

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How does the court drug diversion actually work?

People under 17:

• If you are under 17, you attend at the Children’s Court. A Court diversion officer (CDO) will talk with you and after the matter is heard in court, the CDO will tell the court if you qualify for the program. If you do, the court will send you away and give you a chance to attend the drug education sessions.

People 17 and over:

• If you are 17 and over you will go to the magistrate’s court. A CDO will talk with you, and after the matter is heard in court the CDO will tell the court if you qualify for the program.
• The court may require you to sign a ‘recognisance’ in which you agree to be of good behaviour for a period of time. The recognizance contains a condition that you attend the drug education sessions.
• If you complete the program, the order ends and no conviction is recorded. If you do not complete the program, or you commit another offence during the period you will be in breach and may be required to pay a fine to the court; and you may be brought back to court to be sentenced for the original offence.

What happens in the drug education and information sessions?

These sessions start with a session with a health service provider to prepare a personal plan about your drug taking behaviour. Further treatment is voluntary and not part of the recognizance order. This session is strictly confidential. If you like, a family member or friend may go with you to the drug education and information session.

Do I still have to pay the offender levy?

​Yes. If you are found guilty of an offence in a Queensland court, you will have to pay the offender levy IN ADDITION to any penalty or sentence you receive. This applies even if no conviction is recorded.
In the Magistrates Court the levy fee is $130.30 if a sentence is imposed on you.

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