MERIT: the Local Court's treatment referral program
What MERIT is, who it is for, how you get referred, what twelve weeks involves, and why asking for it when you do not have a drug problem can backfire.
MERIT is a twelve-week treatment program for people before the Local Court whose offending is linked to a drug problem. You are referred at court, assessed by the MERIT team, and if accepted your matter is adjourned while you complete treatment. Completing it is powerful at sentence. It is for people with a genuine problem, and it is not available at every court.
- Decide honestly whether your use is a problem or a habit; MERIT is for the firstSection 2 of this guide
- If it is, ask the duty solicitor or the court officer at your first mention how to be referredSection 3 of this guide
- If it is not, use SMART Recovery or counselling insteadSMART Recovery guide
MERIT is not a strategy. A person without a drug problem who asks for it reads as gaming the court, and the assessment will say so. If you are unsure which you are, the guide on counselling is the safer start.
| What | Twelve-week treatment program, court-supervised |
| Who | Adults with a drug problem linked to their offending, eligible for bail |
| Referral | At court, via the Judge, duty solicitor or your lawyer, or by self-referral at some courts |
| During | Matter adjourned; progress reports to the court |
| After | Completion report at sentence; non-conviction outcomes are common |
1What it is
Start here
MERIT is run by NSW Health in partnership with the Local Court. A person accepted into the program undergoes assessment, a treatment plan, counselling, and where needed detoxification or residential treatment, over about twelve weeks, while the criminal matter is adjourned. The MERIT team reports to the court on progress. At the end, a completion report goes to the Judge, who sentences with it in front of them. The program is voluntary, it does not require a guilty plea, and completing it does not decide the sentence, but Judges give substantial weight to a completed MERIT program.
2Who it is for
Eligibility
Adults charged with an offence dealt with in the Local Court, eligible for bail, with a demonstrable drug problem, who are willing to undertake treatment, and whose offence is not one of the excluded categories, which include strictly indictable and sexual offences. Alcohol-related MERIT operates at some courts. The program is not available everywhere; it runs at most metropolitan and larger regional courts.
3How to be referred
At court
Referral happens at court, usually at the first or second mention. The Judge can refer you, the duty solicitor or your lawyer can ask, and at some courts you can approach the MERIT office directly. Say at the mention that you would like to be assessed for MERIT and the court will adjourn for the assessment. The MERIT team then interviews you, usually within a fortnight, and reports back on suitability.
Your Honour, I would like to be assessed for the MERIT program.
4What twelve weeks involves
The program
Weekly or more frequent contact with a case worker, individual counselling, group programs, drug testing, and referral to other services including housing and mental health. You must attend, and non-attendance is reported to the court. The program is demanding by design. People who complete it have done something the court can see.
5Why it is not a strategy
Honesty
The assessment is clinical. A person with occasional social use who asks for MERIT is likely to be assessed as not having a drug problem, and that assessment goes to the Judge, who now knows the request was tactical. For that person the right preparation is SMART Recovery or counselling and an honest letter. For a person whose use is a real problem, MERIT is the strongest option available and the honest description of it in the apology letter is part of what makes it work.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) s 10(1)(c), s 11 (deferral for rehabilitation); MERIT program guidelines, NSW Health. Requires principal review before release: confirm current eligibility and court coverage. This is a summary for general understanding.
General information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.