South Australian Current Acts South Australian Current Acts40—Prosecution of simple possession offences
(1) A prosecution for
a simple possession offence alleged to have been committed by a person cannot
proceed unless the person has been referred to an assessment service under
this Division and the referral has been terminated by the service.
(2) The fact that a
person alleged to have committed a simple possession offence participates in
an assessment or enters into an undertaking under this Division does not
constitute an admission of guilt, and will not be regarded as evidence tending
to establish guilt, in relation to the alleged offence.
(3) If the referral of
a person is terminated under this Division, evidence—
(a) of
anything said or done by the person in the course of being assessed or
carrying out an undertaking; or
(b) of
the reasons for the termination,
is not admissible in any proceedings against the person for the alleged
offence.
(4) On the expiry of
an undertaking under this Division, the person who entered into it is immune
from prosecution for the alleged offence to which the undertaking related.