Magistrates Early Referral into Treatment (Merit) Program

The ‘Magistrates Early Referral Into Treatment’ Program also known as “MERIT” is a voluntary Court based diversionary program for adults facing charges in the Local Court who have issues with alcohol and other drug use. This program provides rehabilitative support and treatment to persons before the Court that are struggling with alcohol and drug addiction. 

Who Is Eligible to Participate in MERIT? 

A person needs to be referred to MERIT in order to participate in the program. These referrals can be made by the Local Court, your lawyer, a Police officer, family or friends or self-referred to the program. 

A person will be eligible for MERIT if they:

• Are over 18 years old,
• Are appearing in the Local Court with charges,
• Are released on bail or do not require bail,
• Do not have any sexual assault matters, 
• Have a treatable alcohol and/or drug problem, 
• Live in or have a connection to an area (e.g. full-time work) that provides the MERIT program, 
• Consent to participate. 

Why Participate in MERIT?

The MERIT program has been shown to deliver positive outcomes for its participants. Where a person is before the Local Court and being sentenced for an offence where alcohol or drug use played a part in their offending behaviour, the sentencing Magistrate may look more favourably upon the Defendant for participating in the program and taking initiative to treat their alcohol and drug addiction issues. Some benefits of participating in the MERIT program include:

• Decreased drug and alcohol use,
• Decreased offending behaviour related to alcohol and drug use, 
• Improved health and wellbeing, 
• Education on alcohol and drug addiction and impacts on health and the community, 
• The possibility of a better sentence result. 

What is Involved in the MERIT Program?

If a person is assessed as suitable to participate in the MERIT program, their matter will be adjourned (put on hold) to allow the MERIT team to develop a treatment plan and to allow the person to participate in the MERIT program. The usual participation period for the MERIT program is 12 weeks or 3 months. 

5 Steps of the MERIT Program:

1. Referral – You may be referred to the MERIT program before a formal plea is entered. A referral can be made by magistrates, Police, or you or your lawyer.

2. Assessment – Court proceedings will be adjourned while the MERIT team assesses whether you are suited to and would benefit from the program. The assessment is conducted by health teams assigned to participating NSW Local Courts. The assessment focuses on a broad range of areas such as substance use history, physical health, mental health, housing, education, and training and employment issues.

3. Acceptance – If you are not assessed as suitable for participation in MERIT, you will return to Court and have your matter dealt with in the usual way. If you are assessed as suitable, you will return to the referral Court and the Magistrate will make the referral to MERIT.

4. Participation – Participation in a treatment program agreed to by you and your MERIT Caseworker usually lasts 3 months. During this time support and guidance is provided to you by a MERIT Caseworker. While on the program you must appear before the Magistrate usually at 6-week intervals. The MERIT team provides the Court with progress updates.

5. Completion – Upon the conclusion of the program, you will return to Court and enter a plea if you have not already done so. Magistrates are provided with a comprehensive report regarding participation in treatment. Where appropriate the report makes recommendations to assist you in maintaining and continuing their rehabilitation. 

During the MERIT program, a Defendant can expect to participate in activities such as:

• Individual or group counselling, 
• Detox, 
• Opioid substitution therapy, 
• Residential rehabilitation, 
• Other support services. 

In participating in MERIT, the person will be asked to attend their appointments for 12 weeks, comply with all bail conditions, work towards treatment goals and appear before the Court when required to do so. 

Throughout the program the MERIT team works closely with its participants and provides support at each stage throughout the program. If a person does not complete the program or is found to be ineligible they will be removed and their Court matter will continue as if the MERIT program was not started. 

If the MERIT program is completed, the Defendant will appear before the Local Court to be sentenced for their offences, the MERIT team prepares and provides a final report to the sentencing Magistrate detailing the Defendant’s participation in and progress during the MERIT program. 

What Happens If I Fail or Discontinue MERIT?

If a person begins participating in the MERIT program and then fails to complete the program they will not be punished by the Courts for that failure however it is important to note that the progress reports provided to the Court by the MERIT team will contain frank information about your progress, including for example if you have relapsed into drug use or have had positive drug tests whilst on the program. These kinds of issues would be relevant for the Court to consider in respect of assessing your prospects of rehabilitation, and risk of reoffending and the Court can take that information into account even if it is detrimental to you.