Programs differ depending on the type of six month stream that the defendant is participating in.

Six month substance dependency stream

This stream involves the following program of treatment and intervention:

Six month mental impairment stream

This stream involves the following program of treatment and intervention:

Six month co-morbidity stream

This stream involves a more intensive program that address both mental impairment and substance dependence issues:

The twelve month stream within the Treatment Intervention Court replaced the former Drug Court Program. It is often still referred to as the Drug Court Program.

This stream is only available at the Adelaide Magistrates Court and involves the following intensive program of treatment and intervention:

The 12 month program operates on a points system, where points are incurred for minor non-compliance and a Magistrate has the ability to apply sanctions for non-compliance, which could include bail revocation or a imposing a period of incarceration where the non-compliance is severe. The points system allows for a defendant's progress to be tracked and allows for an assessment of whether they have successfully completed the program.

Criminal matters can be diverted to the Treatment Intervention Court list from the general list for an application for assessment for participation in an intervention program. Guilty pleas must be entered to the majority of criminal matters before the court. Disputed matters must remain in the court of origin until they resolve (by plea or a finding of guilt) and may later join all other matters listed in the Treatment Intervention Court.

Where a defendant's offending warrants a referral to the 12 month substance dependency stream, they will be referred to the Adelaide Magistrates Court (Treatment Intervention Court) list for assessment as to eligibility to participate in the stream.

Referral to Treatment Intervention Court Solicitors

The Commission employs dedicated solicitors who work in the Treatment Intervention Court, and who can represent defendants at an early stage, even before their matters are ready to be diverted into the Treatment Intervention Court. Should a duty solicitor become aware of an unrepresented defendant who wants to apply for participation in the Treatment Intervention Court, or who has had matters recently diverted to the Treatment Intervention Court, it is important that they notify the dedicated solicitors. Where a defendant is granted bail, it is important that the duty solicitor advise him or her to lodge an application for legal aid as soon as possible and to include a note that they wish to apply for the Treatment Intervention Court. Where a defendant is refused bail, it is important that the duty solicitor clearly mark the “urgent in custody” application at the top with “possible Treatment Intervention Court applicant” or “Treatment Intervention Court” where the matters are already diverted. The file will then be assigned to the Treatment Intervention Court solicitors.

The Treatment Intervention Court streams are available to defendants who have entered guilty pleas to the majority of offences or, in the case of those defendants with mental impairment, an admission that the factual elements of the charge are not contested and who are assessed as requiring an intervention by way of addressing illicit drug use, mental health problems, or both.

To be eligible to participate in the twelve month substance dependency stream, a defendant must also:

A person charged with a major indictable offence is not eligible to participate in any stream offered by the Treatment Intervention Court.

Even where the Preliminary Assessment Report indicates that the defendant is not recommended€ for a Treatment Intervention Court program, the court may still be persuaded by defence submissions that there are good grounds for allowing the defendant to participate. For example, a history of offences demonstrating a propensity for violence may not necessarily mean that a defendant would be precluded, and it would still be a matter for the court's discretion when considering an application on behalf of a defendant whose main drug of dependence was alcohol.

Breach of District Court bonds

The Treatment Intervention Court will consider applications by defendants who have breach of bond matters before higher courts.

Parole Board warrants

The Treatment Intervention Court has an arrangement with the Parole Board and is able to accept applications from defendants who are currently in custody on parole board warrants.

Former Treatment Intervention Court participants

The Treatment Intervention Court will consider applications by defendants who have previously participated in a program where they have relapsed and have a fresh criminal offence(s). The court will not accept applications from former participants where the offending breaches a previous Treatment Intervention Court suspended sentence bond.

Once it is determined that a defendant meets the eligibility requirements for participation in a Treatment Intervention Court stream, an assessment report will be ordered by the court. Where a defendant is eligible to participate in the 12 month substance tendency stream, a home detention report will also be ordered.

The assessment includes a recommendation as to whether the applicant is suitable for an intervention, an assessment of illicit drug use and/or mental impairment (which may also require a detailed psychological report) and which intervention stream would best address the intervention needs of the applicant. In addition, an individual case plan is designed to address individual needs.

If a defendant is not recommended for the program, the matter is usually returned to the court of origin for sentencing. The Magistrate sitting in the Treatment Intervention Court has discretion to hear submissions by the defendant and prosecution in relation to the assessment report, and may accept a defendant into the program regardless of the recommendation.

Home detention bail requirements for 12 month stream

All participants accepted into the twelve month stream are subjected to home detention bail with electronic monitoring for the first phase of the program. Defendants participating in the program may only leave their residence with the permission of their Program Supervisor for approved activities. Home detention is monitored to the minute, with all breaches of bail (however minor) being reported to the Treatment Intervention Court Magistrate.

Progress reports are provided to the Magistrate for each court appearance and outline progress, success and any difficulties or set-backs faced by the defendant for each review period. At each progress review, the Magistrate will discuss breaches of bail conditions, drug use and any other issues directly with the defendant. Failure to make positive progress on the program, ongoing breaches of conditions, and re-offending may lead to the termination of the defendant’s participation in the program. Relapses into drug use may result in an immediate return to custody for a period of stabilisation. The court also has discretion to extend the defendant’s participation in the program beyond the usual six months where the defendant may benefit from a longer period of participation.

At the end of the defendant’s participation in the program, the court is provided with a report summarising the defendant’s progress and achievements during the course of the program. The report will also provide a summary as to whether or not progress has been satisfactory. This report is taken into consideration when the defendant is subsequently sentenced by the court.

To achieve successful completion of a treatment program of the Treatment Intervention Court, a defendant must:

Persistent non-compliance with the requirements of the program may result in a recommendation that participation in the program cease.

As the twelve month stream involves the incursion of points for non-compliance with program requirements, an overview can be obtained of whether the defendant has complied with the requirements of the program.

A specialised 6 month treatment intervention program operates in the Port Adelaide Nunga Court. Eligible defendants may defer sentencing for a period of 6 months to enable their participation in the program.

More information on the Treatment Intervention Court can be located via the Courts Administration Authority - Treatment Intervention Court website.

Part 3, Division 2 (rr 150.1-150.5) of the Joint Criminal Rules 2022 (SA) outline sentencing diversion programs available in the Magistrates Court and Youth Court.