Page 996 - Week 03 - Thursday, 10 March 2016
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Another means to divert drug offenders from the criminal justice system is the issuing of simple cannabis offence notices, also known as SCONs, to people who are found in possession of less than 50 grams of dried cannabis or two cannabis plants, excluding hydroponically or artificially cultivated plants.
The SCON is an on-the-spot fine and does not require the person to attend court. In that respect it is similar to a traffic infringement notice. If the fine is paid within 60 days no criminal record is incurred. However, failure to pay the SCON may result in criminal proceedings. It must be remembered, however, that possession of any amount of cannabis in the ACT remains illegal, with only the less than 50 grams threshold decriminalised. Police retain discretion to issue a SCON or charge an offender with a criminal offence at all times.
In addition to these law enforcement reforms, both drug diversion and expanded drug treatment and support programs help improve harm minimisation. Drug diversion plays a vital part in the government’s strategy to prevent and reduce harm. Alcohol and other drug diversion programs, once seen as controversial, are now widely considered to be a very pragmatic response to offending that relates to drug use and increasing demands on the criminal justice system. Evaluations of our diversion programs have confirmed positive outcomes, including reduced utilisation of criminal justice system resources, reducing the incidence of reoffending, increased time between incidents of offending and decreased likelihood of imprisonment, reduced drug use and/or harmful use, improved physical health, mental health and relationships, and improved cost effectiveness.
Our police service supports early intervention strategies that divert suitable drug offenders into treatment and away from the criminal justice system. In the 2015-16 purchase agreement specific focus has been placed on increasing support for early intervention and diversion. ACT Policing is required to refer 5½ thousand or more people to community support agencies and divert 80 or more people into drug diversion programs as a component of the drug demand reduction effort.
Between July and December last year, 106 individual referrals were made by police to drug diversion programs rather than proceeding with criminal charges or fines. These drug diversion programs are a partnership between our police, our health agencies and non-government agencies and provide early incentives for drug offenders to address their drug problems and divert their entry into the criminal justice system. We also have a range of other programs in place, particularly in our education sector, and through services provided by non-government organisations.
Shortly I will be moving an amendment to Mr Rattenbury’s motion that seeks to reflect the government’s policy position of harm minimisation focused on reducing demand, reducing supply and reducing harm. Each of these is important. There are people who profit from trafficking. There are large, organised criminal groups that deliberately foster markets for drugs in our community. We need an interdiction effort that targets those individuals. But we also need to reduce demand through diversion, through education and through a health-based focus, and we certainly need to reduce harm by recognising that addiction is fundamentally a health concern.
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