Bail / Adjournment period
What happens during the Bail / adjournment period?
Participants will be involved in all aspects of the MERIT program as agreed to by both the defendant and the Case Manager.
- Clients will abide by all conditions of the bail and if no Bail the MERIT Client Undertaking and treatment plan.
- Clients will have the support and guidance of their MERIT Case Manager.
- Clients will be required to appear before the Magistrate during this period, unless in a residential treatment facility (either detoxification or rehabilitation).
What happens if the program conditions are not complied with during the Bail / adjournment period?
Overall, the situation will be considered by the MERIT case manager in discussion with a clinical senior and some discretion can be used. However, the Court will be notified if clients:
- Fail to attend scheduled appointments as agreed with the Case Manager.
- Commit further offences.
- Do not comply with the bail conditions.
Such notification does not always mean a participant is removed from the MERIT program (this is the Magistrate’s choice), it may however mean the treatment plan may change.
Community protection is central to the MERIT process and defendants who continue to re-offend whilst in the program will be subject to non-compliance report being lodged before the court at time allocated by the Magistrate.
Failure to respond to a drug treatment program will not be dealt with by punitive measures. It is the discretion of the Court to attend to such matters and if convicted of the offence(s) as charged, any penalty will relate to that offence only, and not to any failure to respond to treatment.