SA Liberals push for three strikes and no rehab for drug offenders
DRUG users would be prevented from repeatedly choosing counselling to avoid court, under a three-strikes policy foreshadowed by the Liberals.
DRUG users would be prevented from repeatedly choosing counselling to avoid court, under a three-strikes policy foreshadowed by the Liberals in State Parliament.
Opposition police spokesman Dan van Holst Pellekaan said people in possession of drugs were given a choice between attending diversion programs or a court appearance.
Freedom of Information documents showed drug users were avoiding court despite being caught in possession up to 14 times and greater deterrents were needed to change behaviour, he said.
Both independent MP Geoff Brock and the State Government are keeping their options open. If Mr Brock backs the legislation, the Liberal plan could become law without Government support.
Mr van Holst Pellekaan on Thursday told The Advertiser drug matters should be sent automatically to court on the third strike, while judges retain the power to order counselling if appropriate.
Police time was being wasted on repeat offenders who failed to reform, he said.
“I think it’s completely inappropriate that an offender has an unlimited number of opportunities to say that they are very sorry and will take counselling,” Mr van Holst Pellekaan said.
“I can understand that there would be very good reasons that a person can have access to a drug diversion program once or twice, but on the third time they shouldn’t get to make the decision.”
He rejected suggestions the move would simply add to the workload of the courts, saying an increased focus and punishment for drug possession would help drive down use.
Attorney-General John Rau said he hadn’t yet considered the plan but it was hard to see how a change “which impacts a small group of minor offenders will have an impact on public safety”.
A spokesman for Mr Brock said he would not comment on legislation he had not yet seen.
Mr Rau on Thursday renewed his own push to crack down on serious drug offenders, including measures to strip them of their assets regardless of whether they were proceeds of crime.
He said it was the fourth attempt at passing the laws and urged the Opposition to support it.
“The most effective way to fight the drug trade is to punish those who profit,” Mr Rau said.
“Under our proposed legislation, serious drug offenders would be bankrupted upon conviction.”
The punishment would apply to people guilty of trafficking, manufacture, sale or possession with intent to sell a commercial quantity of controlled substances.
Mr Rau is also stepping up a bid to jail violent and dangerous criminals with laws limiting the court’s power to hand out fully suspended sentences for manslaughter and serious assaults.
“Under this new law, reckless thugs who receive a prison sentence of two years or more are no longer eligible to receive a fully suspended sentence,” he said.