Practitioners with a client pleading guilty in the Magistrates Court to an offence linked to severe substance use issues may find a valuable sentencing alternative through the Queensland Drug and Alcohol Court.
The court is designed to address the underlying causes of offending for people whose criminal behaviour stems from serious drug and/or alcohol dependency. Each participant is sentenced to a two-year drug and alcohol treatment order, which gives structured support to help break the cycle of drug dependency and offending.
Criminal lawyers within Legal Aid Queensland’s specialist team advise and represent participants for the duration of their treatment order, helping them navigate court processes and stay engaged with their recovery.
Principal Lawyer Penny Williams explained that to be eligible for a Queensland Drug and Alcohol Court treatment order defendants must:
- plead guilty to an offence directly related to serious substance use,
- be likely to receive a prison sentence of up to four years,
- live (or intend to live) in the Brisbane Magistrates Court district,
- not be currently serving a sentence in custody, and
- not be facing sexual assault charges.
“Any Queensland magistrate can refer an eligible defendant to QDAC, as long as that person agrees to the referral and to undertake the order,” Ms Williams said.
“I encourage criminal lawyers to consider requesting a QDAC referral for eligible clients, to help them break the offending cycle and get back on track.
“QDAC treatment orders feature drug and/or alcohol treatment, counselling and other services delivered through residential rehabilitation or intensive day programs.
“QDAC combines therapy, structure and accountability. Participants undergo regular court reviews, random drug testing, and must adhere to strict behavioural expectations.”
A multidisciplinary team monitors and supports each person completing an order. Led by a Magistrate, the team also includes police prosecutors, health professionals, corrective services officers, legal representatives and court staff.
Each participant is supported by a case manager and recovery practitioner, and Anglicare Southern Queensland to help them secure stable housing.
For First Nations participants, a cultural liaison officer is also available to provide support.
Any lawyer – whether from a community legal centre, LAQ, or private practice – can request a referral to the court by completing the referral form on the Queensland Courts website.
Referrals can also be requested by the defendant themselves, their family and friends, as well as Court Link staff, mental health liaison officers, Queensland Police Service and treatment or support service providers.
“A treatment order is not an easy path,” Ms Williams cautioned.
“Participants engaged in the day program must undertake regular court appearances, drug testing, counselling and group courses arranged by Queensland Health and Corrective Services,” she said.
“Breaches can result in short custodial sanctions, and repeated breaches may see the order revoked and the original custodial sentence imposed.”
While completing a drug and alcohol treatment order through QDAC is tough, it can be transformative.
“It can help people end the cycle of offending, reconnect with family, access stable housing, and even return to work or study,” Ms Williams said.
If you’re unsure about whether to request a client’s referral to QDAC, call LAQ’s QDAC team on 0437 918 691, or by email.
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