Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017
Plain English Summary
Overview
This bill brings back a drug court in Queensland by creating a new sentencing option called a Drug and Alcohol Treatment Order. Designated magistrates can suspend a prison sentence of up to four years while the offender completes a court-supervised treatment program of at least two years. The bill also tightens the dangerous drug definition, clarifies that long prison sentences can never be 'spent', and gives extra court protections to victims of domestic strangulation.
Who it affects
Offenders whose criminal behaviour is driven by severe drug or alcohol addiction are the main group affected, along with victims of domestic strangulation and anyone with an old conviction carrying more than 30 months imprisonment. Justice, health, police and legal aid agencies must share information and staff a multidisciplinary review team.
New Drug and Alcohol Treatment Order
A new sentencing option where designated magistrates can impose a suspended prison sentence of up to four years plus a two-year treatment program for offenders whose severe drug or alcohol disorder contributed to their offence. The offender must plead guilty, consent to the order, and meet strict eligibility rules. A multidisciplinary review team (court, police, health, corrective services, Justice and Legal Aid) manages the order.
- New Part 8A of the Penalties and Sentences Act creates treatment orders with a suspended custodial part (up to 4 years) and a rehabilitation part (at least 2 years)
- Only available in Magistrates Courts prescribed by regulation; initially for the Brisbane Drug Court
- Offenders on parole, in prison, or charged with a sexual assault offence are excluded
- Treatment program can require drug testing, monitoring devices at home, detox, counselling and residence conditions
- No appeal is allowed against most treatment order decisions
- People cannot be prosecuted for minor drug offences based on admissions made during their treatment order assessment
Information sharing for treatment orders
The Justice and Other Information Disclosure Act is extended so Queensland Police, Health, Corrective Services, Legal Aid and Justice departments, plus their non-government service providers, can share personal information about people on treatment orders.
- New Part 2A of JOIDA lets agencies share treatment order information without written arrangements
- Information can only be shared for listed treatment order purposes; agencies can refuse if not in the public interest
- Researchers can access de-identified treatment order information with approval
- Agencies and staff acting honestly get immunity from legal action for sharing information
Spent convictions clarification
After the 2016 Court of Appeal decision in Dupois v Queensland Television Ltd, this change confirms that a conviction with a head sentence of more than 30 months imprisonment can never become 'spent' and must always be disclosed. The change applies retrospectively to convictions recorded before the bill commences.
- Sentences over 30 months imprisonment can never be 'spent', even if no actual jail time was served
- Applies retrospectively to existing convictions
- Any rehabilitation period that would otherwise have expired is treated as never having run
Dangerous drug definition
The Drugs Misuse Act's test for drug analogues is rewritten to use an objective scientific definition instead of the existing 'substantially similar' wording, aimed at making prosecution of designer drugs clearer.
- New section 4A defines 'analogue' using specific chemical criteria (structural isomers, alkaloids, ring substitutions, homologues)
- Replaces the existing subjective 'substantially similar' extended definition
Protections for domestic strangulation victims
The offence of choking, suffocation or strangulation in a domestic setting (section 315A of the Criminal Code) is added to the list of 'prescribed special offences' under the Evidence Act, so alleged victims cannot be cross-examined in person by a self-represented accused.
- Self-represented accused cannot directly cross-examine the alleged victim
- Court must arrange free legal representation for the cross-examination if needed
Electronic participation in drug diversion
Minor wording changes to the Penalties and Sentences Act and Police Powers and Responsibilities Act let people 'participate in' rather than 'attend' drug diversion assessments and appointments, allowing electronic participation.
- Drug diversion assessments and education sessions can be done by electronic means
- Police discontinuing arrest for minor drug offences can rely on electronic participation
Bill Journey
Committee report tabled
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