Drug and Alcohol Treatment Order (Drug Court)

Who is eligible?

• You plead guilty and are convicted.
• You are dependent on drugs or alcohol, and the dependency contributed to the offending.
• The court would otherwise impose imprisonment: any prison term in the Magistrates’ Court, or up to 4 years in the County Court.
• The offence is not a sexual offence and did not involve actual bodily harm (the Magistrates’ Court can accept minor harm).
• You are not on parole, and you agree in writing to the order.
• The court has an assessment report confirming your suitability.

Drug Courts sit in the Magistrates’ Court at several locations and in the County Court. Eligibility also depends on where you live. See specialist courts and lists.

The two parts of the order

The custodial part: the court imposes the prison sentence it would otherwise have imposed (up to 2 years in the Magistrates’ Court or 4 years in the County Court). You do not serve it unless the order is cancelled.

The treatment and supervision part: usually 2 years of intensive conditions, which can include drug and alcohol testing, treatment, counselling, supervision, regular court reviews and case conferences.

Rewards and sanctions

The Drug Court monitors progress closely. Good progress can earn rewards, such as fewer conditions. Breaches can lead to sanctions, including short periods in custody or extra community work.

If the order is cancelled

If the court cancels the order, it decides how much of the prison term you must serve, taking into account your time on the order and your progress.

Source: Sentencing Act 1991 (Vic) ss 5(4B)–(5), 7(1)(ac), 18X–18ZT. Penalty unit value for 1 July 2026 to 30 June 2027: $209.10.

How we can help

The outcome you receive often depends on how well your plea is prepared. Tony Hannebery and Marcus Williams are both Law Institute of Victoria Accredited Criminal Law Specialists. We advise on the realistic range of outcomes, gather references and reports, and argue for the least restrictive sentence, without a conviction where possible. Your first consultation is free. Book a consultation or call (03) 9670 4357.

This page is general information about Victorian law and is not legal advice. Sentencing law changes often, so get advice about your own situation.