Should you attend any programs?
What a completed program does for your sentence, which programs are available for a possession charge, how to get in, and how to prove it.
14.1Why a program changes the outcome
Purpose
Every other document in your folder is words. A program certificate is a thing you did, dated and verified by someone else, before anyone ordered you to. It is the clearest evidence of insight available to a self-represented person, and it addresses the factor Judges weigh most heavily on a possession charge: whether the underlying drug use has been dealt with.
Enrol in the week you are charged, not the week before sentence. A program begun before the first mention says your response to being charged was to act. A program begun after an adjournment says you were told to.
14.2Programs that suit a possession charge
Options
SMART Recovery. Free, group-based, run weekly in person across NSW and online. No referral, no diagnosis, no waiting list. You attend meetings, and the facilitator can provide a letter confirming attendance and dates. Well regarded by courts because it is structured and independently run. Four to six sessions before sentence is a reasonable target.
Drug and alcohol counselling. Through your GP, who can refer you under a mental health treatment plan, or directly to a NSW Health drug and alcohol service, which is free. One-on-one, and the counsellor can write a short letter describing attendance and engagement. This suits people whose use was tied to something else, stress, sleep, a relationship, that they want to address.
Drug education courses. Several private providers run one-day or online drug awareness courses aimed at people before the court. They cost money, and Judges know it. Useful as a supplement, weak on their own, because a paid certificate proves attendance, not change.
MERIT. The Local Court's own referral program, covered in Lesson 7. It is for people with a genuine drug problem, it runs twelve weeks, and it is accessed at court by asking the Judge or the duty solicitor for referral. If you are an occasional user with a small quantity, MERIT is not the right fit and asking for it can read as strategic. If your use is a real problem, it is the strongest option on this page.
Residential rehabilitation. For serious dependence. Evidence of enrolment or completion is powerful, and it is outside the scope of this course.
Match the program to the truth
The Judge will ask, or infer, whether you have a drug problem. A person who does not have one and enrols in a dependence program looks like they are gaming the court. A person who does have one and brings a one-day awareness certificate looks like they have not understood. Choose the program that matches your actual use, and say why in your letter.
14.3How to prove attendance
Evidence
Ask the provider, at the first session, what documentation they can give for court. Most will provide a letter on letterhead stating your name, the program, the dates attended and, sometimes, a sentence about engagement. A screenshot of an online enrolment is not enough. A receipt is not enough. If the provider cannot give you a letter, choose a different provider.
If the program will not be finished by the sentence date, get a letter confirming enrolment and sessions completed so far, and say in your submissions that you intend to complete it. The court can also adjourn sentence to let you finish, which Lesson 11 showed you how to ask for.
14.4Timing
Sequence
Week one after charge: enrol. Weeks one to four: attend, and keep a note of dates. One week before court: obtain the letter. Court: tender it with the references. Lesson 15 shows you where it fits in your submissions.
Find the nearest SMART Recovery meeting or phone your GP for a referral. Book it today and put the first session in your phone.