Queensland Consolidated Acts

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POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 379

Additional case when arrest for minor drugs offence may be discontinued

379 Additional case when arrest for minor drugs offence may be discontinued

(1) This section applies if—
(a) a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and
(b) the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and
Examples of commission of an offence related to a minor drug offence—
1 Burglary of a home to obtain money to buy the drugs.
2 The drugs are obtained as a result of the robbery of another person.
(c) the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and
(d) the person—
(i) has not previously been convicted of an offence involving violence against a person; or
(ii) has been convicted of an offence involving violence against a person for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
(e) during an electronically recorded interview, the person admits having committed the offence; and
(f) the person has not been offered the opportunity to participate in a drug diversion assessment program.
(2) If the person is—
(a) an adult; or
(b) a child who has previously been cautioned under the Youth Justice Act 1992 for a minor drugs offence;
a police officer must offer the person the opportunity to participate in a drug diversion assessment program.
(3) However, if the person is a child who has not been cautioned previously under the Youth Justice Act 1992 for a minor drugs offence, a police officer may offer the child the opportunity to participate in a drug diversion assessment program.
(4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.
(5) When making the offer, the police officer must give—
(a) the person; and
(b) if a support person is present when the offer is made, the support person;
an oral or written explanation of the consequences of agreeing to participate in a drug diversion assessment program.
(6) If the person agrees, the person must sign an agreement to participate in, and complete, a drug diversion assessment program.
(7) The agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about—
(a) the person’s participation in, and completion of, the program; or
(b) if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program.
(8) The police officer must—
(a) give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the agreement; and
(b) inform the person that failure to comply with the requirement is an offence against section 791 .
(9) Also, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the agreement.
(10) On the signing of the agreement, the drug, and anything that may be, or has been, used for smoking the drug, is forfeited to the State.
(11) It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the police officer is satisfied subsections (6) and (8) have been complied with.



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