court assessment and referral drug scheme (cards)

What is CARDS? | How does CARDS work? | Guidelines for participation | What does treatment involve? | Diversion Flowchart | What is the difference between the Drug Court and CARDS? | How does CARDS cater for Aboriginal people? | Non-English Speaking Backgrounds |  Where can I get further information?

What is CARDS?

CARDS stands for Court Assessment and Referral Drug Scheme. The scheme operates in the Magistrates Court and the Youth Court in South Australia and is designed to provide an opportunity for defendants who use drugs to receive access to drug treatment as part of the court process.

The rationale for providing access to drug treatment is based on strong evidence that drug taking is linked to other types of criminal behaviour and the aim of referral into drug treatment is to reduce future drug related criminal behaviour. There are other positive outcomes when people reduce their drug use including improved health, and improved social and economic status.

CARDS receives funding from the State and Commonwealth governments under a national Illicit Drug Diversion Initiative, which aims for harm minimisation. The harm minimisation strategy underpinning CARDS involves reducing supply of illicit drugs, reducing demand by reducing drug use, and reducing harm to the individual and the community that is associated with drug use.

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How does CARDS work?

CARDS currently operates in the Magistrates Court at Port Adelaide, Adelaide, Elizabeth, Christies Beach, Holden Hill, Mount Gambier, Murray Bridge, Mount Barker and Whyalla. Youth CARDS is available in the Youth Court and through the Family Conference Team. Referrals for an assessment can be made prior to the court hearing by the defendant or some-one acting on their behalf, e.g. their solicitor.

Referrals can be made by the Magistrate during the court hearing.

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Self Referrals

To initiate an assessment for CARDS, the defendant rings the CARDS team ((08) 8204 8614) for a 10-minute phone interview. If the defendant meets preliminary criteria for participation an appointment is made for further assessment.  Following an assessment a written report that includes a recommendation about suitability for the scheme is provided to the lawyer or made available to the court at the hearing by the CARDS Assessor.

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Court Referrals

If the Magistrate refers a defendant for assessment, the case is adjourned for the assessment to take place or it is held over for a couple of hours. After the assessment, the Magistrate receives a report about the assessment and may decide to refer the defendant into the treatment program before sentencing the defendant or as part of the sentence.

Pre-sentence:

• The Magistrate makes the referral into drug treatment before the defendant enters a plea, and therefore before any sentence is determined
• The matter is adjourned for three months while the defendant participates in treatment.
• In some circumstances, CARDS treatment may be made a condition of bail.
• At the end of three months, the defendant re-appears in court and the Magistrate finalises the CARDS matter, taking into account participation in the scheme.

Supervised Bond:

• After the defendant has pleaded and/or been found guilty of the charges, the Magistrate may place the defendant on a supervised bond with the condition that they attend drug treatment. (The Department of Correctional Services supervises the defendant).
• The matter is resolved when the period of the bond expires.

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Guidelines for participation

The scheme targets defendants appearing before the Magistrates Court, Youth Court or Family Conference Team with a demonstrable drug problem who are eligible and suitable for release into the community. They also need to be motivated to address their drug problem and be willing to engage in treatment and rehabilitation for illicit drug use.

To be considered for the scheme a defendant must meet

AT LEAST ONE of the following:

• Allegedly committed the offence to support an illicit drug habit
• Allegedly committed the crime whilst under the influence of an illicit or licit drug, or
• Is charged with possession or use of an illicit drug

(In all cases illicit drugs include cannabis. Alcohol is excluded but may be a secondary complication)

And ALL of the following criteria:

• Has a treatable drug problem, that is, they admit to problematic drug use
• Is charged with summary or minor indictable offence(s) in the Magistrates Court or a minor or major offence in the Youth Court
• Is suitable for release into the community
• Gives informed consent to participate in the scheme
• Lives in an area serviced by the treatment agency
• Is not on any other court-ordered drug treatment program
• Is NOT currently charged with a sexual offence
• Is NOT currently charged with an offence of violence that precludes them from CARDS
• Is NOT currently charged with a major indictable offence

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What does treatment involve?

Treatment involves at least four counselling sessions with a specialist clinician. Defendants may voluntarily engage in more intense and ongoing treatment with their clinician. Voluntary treatment can include:

• Withdrawal management, including inpatient detoxification if necessary
• Pharmacological treatment such as methadone and buprenorphine
• Relapse prevention programs such as counselling and group therapy
• Residential rehabilitation
• Referral to Narcotics Anonymous and other abstinence-based support groups
• Support with physical and mental health issues
• Support to access education or vocational training 
• Support with accommodation, family relationships and financial issues

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What is the difference between Drug Court and CARDS?

CARDS is not the same as Drug Court. There are important differences:

The Drug Court

• Is only available through the Adelaide Magistrates Court.
• Combines intensive judicial supervision, mandatory drug testing and case management, involving three phases of sanctions, over a 12-month period
• Involves home detention bail with electronic monitoring.
• Defendants are required to plead guilty prior to their acceptance onto the program.
• Involves weekly court appearances.
• Crimes are more serious and defendants are facing a potential prison sentence.

CARDS

• Is a generic referral process, which can take place in a number of locations
• Involves an assessment by court staff and then referral to specialist drug and alcohol services for three months of treatment
• Home detention and electronic monitoring is not a requirement.
• A guilty plea is not necessary for those participating in the CARDS bail stream.
• Involves up to three court appearances for those who have treatment set up as part of bail and two for those who do treatment as part of their bond. Treatment consists of four counselling sessions over three months
• Crimes are less serious – the scheme is most suitable for drug offenders who are first offenders.
• Aims to fill the gap between Police Drug Diversion Initiative and the Drug Court.

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How does CARDS cater for Aboriginal people?

CARDS is a scheme that can be accessed by defendants appearing in the Aboriginal Sentencing Courts (Nunga Court) or the Magistrates Court.

Aboriginal defendants can choose whether they want to access Aboriginal specific treatment clinicians or any other worker

Aboriginal Justice Officers are available in the courts to explain the scheme and to support defendants through the assessment process

The Aboriginal Drug and Alcohol Council (ADAC) can help with transport to and from assessment and treatment appointments and can support defendants at appointments, where required

Non-English Speaking Background Defendants

Special arrangements can be made for Non-English Speaking Background (NESB) defendants if required, including use of face-to-face and/or telephone interpreting services through the Interpreting and Translating Centre. All CARDS Assessors and CARDS Service Providers have experience working with NESB clients.

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Where can I get further information?

Contact CARDS
 
CARDS
Adelaide Magistrates Court
PO BOX 6115, Halifax Street
ADELAIDE SA 5000
Phone: 8204 8631
Fax: 8204 8620
Email: cards@courts.sa.gov.au

 Magistrates Court | Youth Court | Drug Court | Court Diversion Program