Offence -

MERIT is available for people who have committed an offence and have drug problems. The program lasts for twelve weeks. Participation is voluntary and is undertaken before sentencing.

MERIT can help you address your drug problems and help you avoid future offending.

Sometimes Judges may order participation in MERIT as a condition of bail. However, entering a plea is not required in order for you to participate in the program.

To be considered eligible for MERIT you must meet the following criteria:-

– Be over 18 and have an illicit drug problem

– Be considered suitable for bail

– Not be charged with offences of a sexual nature, involving serious violence or a matter to be dealt with in the District Court

– Be willing to participate

– Be deemed suitable by the MERIT team

– Approved by the judge

Once you are deemed eligible you will be interviewed by the MERIT team. They will decide which type of treatment is best for you and refer you back to the Magistrate. Your Solicitor will then request that the Magistrate places you on MERIT. If the magistrate approves, they will adjourn your matter so you can participate in treatment.

Treatment

MERIT operates within a harm minimisation framework. Treatment varies for each person, but may include:

– Individual counselling

– Group programs

– Detox

– Opioid treatment programs

– Residential rehab.

MERIT is not an abstinence based program.

During the twelve week program you will undertake the treatment plan as agreed. You will also be required to appear before the magistrate to update them on your progress.

If you do not attend treatment, then at the discretion of the MERIT caseworker, the Court may be notified if you commit further offences, if you breach your bail conditions or fail to attend numerous treatment appointments.

You should remember that MERIT is a voluntary program, so if you withdraw from the program you should not be penalised in sentencing by the court.

Usually, once the treatment is completed, your court date for sentencing is soon after. The MERIT team will provide the Magistrate with a report which will describe your progress throughout the treatment and any recommendations for further treatment.

The magistrate will consider your progress in treatment when determining a sentence for you.

If you are going to court and have been asked to provide references or you have been asked to provide a reference for a person who is attending court, there are a number of matters to keep in mind.

They are;

1. Character references or testimonials that speak about your good character are often of great help to you in court;

2. It is important to ask people who are upstanding members of the community to provide you with a reference. The referee does not have to be a person who holds a powerful position in the community they simply need to be a person who is of good character and who knows you;

3. People who provide references for you may be employers, work mates, family friends, neighbours, members of various social or sporting clubs that you may belong to or, if appropriate, your religious or spiritual leader;

4. Each reference should include the following information;

a. It should be addressed to the Presiding Magistrate (if the matter is in the Local Court) or the Presiding Judge (if the matter is in a District or higher Court);

b. The reference should introduce the person providing the reference, set out the length of time that the referee has known you and the circumstances under which the referee came to know you;

c. It is vitally important that the referee indicate that they are aware of the charge against you;

d. The referee should express their opinion of your character, for example, were they surprised that you were charged or do they consider the offence to be out of character?

e. The referee might be able to comment on the effect that the incident has had upon you;

5. If possible the reference should be typed or neatly handwritten. The reference should be signed and dated;

6. It is preferable to prepare three or four references to tender;

7. Please do not provide referees with a copy of a reference prepared by another person as it is likely they will copy the document which will then be useless; and

8. You should provide a copy of your reference to your solicitor well prior to the court date so that your solicitor can review the document and discuss any problems with you.

Click Preparing a Character Reference for a template to assist you in preparing references.

Articles tagged with: Offence

What is MERIT? = Magistrates Early Referral Into Treatment.

How do I prepare a reference for Court?