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What is the MERIT program?
The MERIT program is an opportunity for those who suffer from drug or alcohol addiction, who end up going to court to face criminal charges in the Local Court to assist in rehabilitation. ‘MERIT’ is an abbreviation for ‘Magistrates Early Referral Into Treatment’.
A plea of ‘guilty’ or ‘not guilty’ is not required to be entered in order to participate into the program. The purpose of the program is to treat and rehabilitate to reduce offending contributed by the use of drugs.
Successful completion of the MERIT program will allow the Magistrate to reduce the sentencing penalty, which can result in an offender avoiding Full time jail, and in other cases avoid a conviction even after pleading guilty to a criminal charge.
The MERIT program can also address those with alcohol addiction through participation and completion of the alcohol MERIT program.
Common candidates for the MERIT program are those facing drug offences in NSW.
Availability of MERIT Program in NSW Local Courts
The MERIT program is available in over fifty NSW Local Courts. To participate, a person charged (‘accused person’) will need to be referred for an assessment. An accused person may contact his/her closest Local Court registry for details on nearest location and availability for assessment.
Criteria and process of the MERIT Program
In order to participate into the MERIT program, a person must first be referred for assessment to determine whether he/she is suitable or not.
If not suitable, then he/she will not be able to participate into the program, in which case the normal criminal justice process re-commences, bringing the person back before the court to be dealt with according to law where he/she must either plead guilty or not guilty to the charge(s).
Who can refer an accused person into MERIT?
Almost anyone can, including a police officer, the accused person, defence lawyer, Magistrate/Judge or any other person including family, friend, doctor, or probation and parole officer.
For example, as experienced Sydney criminal lawyers, we can identify whether an accused person is suitable for assessment into the MERIT program.
What are the eligibility requirements to participate in MERIT?
To be allowed to participate into the MERIT program, the accused person must:
- Be an adult
- Be facing a criminal charge that is not a sexual charge or a ‘strictly indictable’ charge (which is such a serious charge that it can only be dealt with in the District or Supreme Court)
- Not be facing like charges pending in court
- Be suspected of using drugs, or have a history of same
- Be eligible for and be suitable for being released on bail
- Voluntarily agree to participating in the program
What’s the process?
Once an accused person meets the eligibility criteria outlined above, he/she can be referred for a MERIT assessment, which is connected with the participating local court registry in order for an assessment to take place to determine suitability to participate in the program.
The court will adjourn the case for a short period of time in order for the assessment process to take place.
In the interim, the referred accused person will be assessed by a MERIT case worker. This assessment will involve assessing the extent of the drug addiction and any other related issues, including mental health.
The MERIT case worker will consider the suitability criteria for participation before drafting a proposed treatment plan for the accused person, and an assessment report for the court.
When the case comes back before the court on the next occasion, the Magistrate will read the treatment plan and assessment report. If the assessment report says that he/she is suitable for participation into MERIT, the Magistrate may approve the accused person’s participation into MERIT, otherwise the accused will be required to enter a plea of ‘guilty’ or ‘not guilty’ and be dealt with in the usual way through the criminal justice system.
What treatment is provided in the MERIT program?
Once an accused person has been approved into the MERIT program, a MERIT case worker will draft a treatment plan.
The treatment plan will be based on the accused person’s risks, needs and goals before determining the best suited treatment service(s) available in the accused person’s best interest.
The treatment programs may include, medically supervised and home based detoxification; methadone, and other pharmacotherapies; residential rehabilitation and individual, and group counselling and psychiatric counselling. It may also include urine drug tests.
How long does the MERIT program go for?
The program goes on for an intensive 12 week period. In special circumstances, this can be increased by agreement from the relevant parties involved, including the Magistrate, case worker and the accused person.
During the MERIT program treatment period, the court will manage the process. This means, that after an accused person is accepted into MERIT, the court will require him/her to return to court for updates as to progress at various intervals during the program.
At each interval court appearance, the MERIT case worker will produce an updated report as to the progress. Unless the accused person has been excused from attending the interval court appearances, attendance will be required.
At the final court appearance, at the conclusion of the MERIT program, a final MERIT report will be prepared. The accused person will be required to then enter a plea of ‘guilty’ or ‘not guilty’. After which time, the court will continue in its normal court process.
If the accused person enters a plea of ‘guilty’ at this stage, and upon successful completion of the MERIT program, reflected in the final MERIT report, the Magistrate will take this into consideration in favour of the accused person during sentence often leading to a much better court result.
What happens if MERIT is not successfully completed?
Unsuccessful completion of MERIT does not mean that the accused person will be punished harsher on sentence.
What does the final MERIT report outline?
The final MERIT report will outline to the Magistrate, the accused person’s achievements and any breaches or non-compliance.
Breach of MERIT Program: What Happens?
If an accused person fails to comply with the MERIT program directions or treatment plan; or fails the MERIT program altogether, the court will be notified by the MERIT case worker.
The matter will be relisted before the court, at which time the Magistrate will have discretion as to whether or not to continue the MERIT program. In the event the Magistrate removes the accused person from the MERIT program, or if the accused person voluntarily withdraws from it, the court will not punish the accused person for it. Rather, the court will proceed with the case as it normally would in the court process.
Any breaches or non-compliance of the MERIT program will be reflected in the interim and the final MERIT report.
MERIT Courts Contact Details
Below is a list of all the selected Local Court registries who participate in the MERIT program:
Albion Park
Illawarra Shoalhaven Local Health District |
Junee
Murrumbidgee Local Health District |
Parramatta
Western Sydney Local Health District |
Ballina
Northern NSW Local Health District |
Katoomba
Nepean Blue Mountains Local Health District |
Penrith
Nepean Blue Mountains Local Health District |
Bankstown
South Western Sydney Local Health District |
Kempsey
Mid North Coast Local Health District |
Picton
South Western Sydney Local Health District |
# Bathurst
Western NSW Local Health District |
Kiama
Illawarra Shoalhaven Local Health District |
Port Kembla
Illawarra Shoalhaven Local Health District |
Blacktown
Western Sydney Local Health District |
Kyogle
Northern NSW Local Health District |
Port Macquarie
Mid North Coast Local Health District |
Blayney
Western NSW Local Health District |
Lismore
Northern NSW Local Health District |
Queanbeyan
Southern NSW Local Health District |
# Broken Hill
Far West NSW Local Health District |
Liverpool
South Western Sydney Local Health District |
Raymond Terrace
Hunter New England Local Health District |
Burwood
Sydney Local Health District |
Maclean
Northern NSW Local Health District |
Singleton
Hunter New England Local Health District |
Byron Bay
Northern NSW Local Health District |
Maitland
Hunter New England Local Health District |
Sutherland
South Eastern Sydney Local Health District |
Campbelltown
South Western Sydney Local Health District |
Manly
Northern Sydney Local Health District |
Tamworth
Hunter New England Local Health District |
Casino
Northern NSW Local Health District |
Milton
Illawarra Shoalhaven Local Health District |
Toronto
Hunter New England Local Health District |
Cessnock
Hunter New England Local Health District |
Mt Druitt
Western Sydney Local Health District |
Tweed Heads
Northern NSW Local Health District |
# Coffs Harbour
Mid North Coast Local Health District |
Mullimbimby
Northern NSW Local Health District |
Wagga Wagga
Murrumbidgee Local Health District |
Cooma
Southern NSW Local Health District |
Murwillumbah
Northern NSW Local Health District |
Wauchope
Mid North Coast Local Health District |
Downing Centre
South Eastern Sydney Local Health District |
Muswellbrook
Hunter New England Local Health District |
Waverley
South Eastern Sydney Local Health District |
# Dubbo
Western NSW Local Health District |
Newcastle
Hunter New England Local Health District |
# Wellington
Western NSW Local Health District |
Fairfield
South Western Sydney Local Health District |
Newtown
Sydney Local Health District |
# Wilcannia
Far West NSW Local Health District |
Forbes
Western NSW Local Health District |
Nowra
Illawarra Shoalhaven Local Health District Tel: 4422 5822 |
Wollongong
Illawarra Shoalhaven Local Health District |
Gosford
Central Coast Local Health District |
Oberon
Western NSW Local Health District |
Woy Woy
Central Coast Local Health District |
Grafton
Northern NSW Local Health District |
# Orange
Western NSW Local Health District |
Wyong
Central Coast Local Health District |
Hornsby
Northern Sydney Local Health District |
Parkes
Western NSW Local Health District |
Those with “#” above also provide alcohol MERIT treatment.
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