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The Magistrates Early Referral Into Treatment (MERIT) program is a drug crime diversion initiative based in Local Courts throughout NSW and aimed at breaking the drug-crime cycle. The target population is adult defendants with illicit drug use problems who are motivated to undertake drug treatment. Once assessed as suitable and accepted onto the program, participants undertake supervised drug treatment as part of their bail conditions for a period of approximately 12 weeks. Defendants are closely managed by the MERIT team throughout the program with the Magistrate receiving regular reports on participation. Magistrates are able to consider the defendants progress in treatment as part of the final sentencing
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Participation in MERIT is not an admission of guilt for the offences charged, with drug treatment usually commencing before any pleas are entered. The adjournment of court matters allows defendants to focus on addressing their drug problem.
The NSW Attorney General’s Department is the lead agency for MERIT. Health services are coordinated by the NSW Health Department with NSW Police, Legal Aid, Probation and Parole and Local Court officers all providing crucial support to the program.
Access to the program
Eligible defendants appearing at participating Local Courts throughout NSW may be assessed as suitable and accepted onto the program by the Magistrate.
Defendants can be identified by the Magistrate, solicitor, police, or the defendants themselves as suitable for assessment for the MERIT program.
Eligibility criteria:
Suitable for release on bail
An adult with a demonstrable illicit drug problem (excluding alcohol as the primary presenting problem)
Not involved in offences related to physical or sexual assault, or matters that will be heard in the District Court
Not involved in pending matters of a significant violent or sexual assault nature
Deemed suitable for drug treatment and have a treatable problem
Approved to participate in the program by the Magistrate
Willingness to consent to a drug treatment program.
What happens during the bail period?
Program participants:
undertake drug treatment as agreed to by the client and the caseworker
abide by all conditions of bail and the MERIT client undertaking
receive support and guidance from their MERIT caseworker
appear before the Magistrate during the program to provide an update on treatment progress
What happens if the conditions are not followed during the bail period?
Overall, the situation will first be considered by the caseworker. However, the Court will be notified if participants fail to attend treatment, commit further offences or 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. Treatment Intervention
Clients attend an interview with the MERIT team to assess the type of treatment that is suitable for them. The MERIT team caseworker provides and/or arranges treatment with the client which may include:
Drug withdrawal management
Individual and group counselling
Residential and other rehabilitation programs
Methadone and other pharmacotherapies
Welfare support and assistance.
Who provides drug and other treatment?
All participating courts have a MERIT team attached that liaises with the court for the purposes of client assessment and progress reports. Primary case management, counselling and other treatment interventions are provided by either the government sector (through Area Health Services) or the non government sector (through selected agencies).
Who are the MERIT teams?
For a list of all MERIT teams and the courts they cover,click here.
For a list of other treatment services/agencies, click here.
Sentencing/Hearing
The completion of the treatment program is likely to coincide with the hearing or sentencing of the outstanding court matter(s). Failure to respond to the MERIT 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.
- The Magistrate hearing the case will be provided with a report from the MERIT team
- The report gives information on the participant’s drug treatment and recommendations for any further treatment
- Where possible, a detailed aftercare program will be formulated to assist clients to further their drug rehabilitation
- The implications of the participant’s compliance or non compliance with the drug treatment program is at the discretion of the Magistrate.
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