sec.378CDrug diversion warning

### sec.378C Drug diversion warning This section applies if the person— has not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and has not previously been offered a drug diversion warning. If the person is an adult, a police officer must offer to give the person a drug diversion warning. If the person is a child, a police officer may offer to give the person a drug diversion warning. A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence. When making the offer, the police officer must explain the nature and effect of the drug diversion warning— to the person; and if a support person is present when the offer is made—to the support person. If the person agrees to being given a drug diversion warning, the police officer must give the person a written notice stating the following— that a drug diversion warning was given to the person; the time and date the warning was given; the person’s name; the police officer’s name and rank; the particulars of the minor drugs offence; the nature and effect of the warning. On the giving of the drug diversion warning, the minor drugs matter the subject of the minor drugs offence is forfeited to the State. If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer has given the person a drug diversion warning. s 378C ins 2023 No. 11 s 22 (sec.378C-ssec.1) This section applies if the person— has not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and has not previously been offered a drug diversion warning. (sec.378C-ssec.2) If the person is an adult, a police officer must offer to give the person a drug diversion warning. (sec.378C-ssec.3) If the person is a child, a police officer may offer to give the person a drug diversion warning. (sec.378C-ssec.4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence. (sec.378C-ssec.5) When making the offer, the police officer must explain the nature and effect of the drug diversion warning— to the person; and if a support person is present when the offer is made—to the support person. (sec.378C-ssec.6) If the person agrees to being given a drug diversion warning, the police officer must give the person a written notice stating the following— that a drug diversion warning was given to the person; the time and date the warning was given; the person’s name; the police officer’s name and rank; the particulars of the minor drugs offence; the nature and effect of the warning. (sec.378C-ssec.7) On the giving of the drug diversion warning, the minor drugs matter the subject of the minor drugs offence is forfeited to the State. (sec.378C-ssec.8) If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer has given the person a drug diversion warning. - (a) has not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and - (b) has not previously been offered a drug diversion warning. - (a) to the person; and - (b) if a support person is present when the offer is made—to the support person. - (a) that a drug diversion warning was given to the person; - (b) the time and date the warning was given; - (c) the person’s name; - (d) the police officer’s name and rank; - (e) the particulars of the minor drugs offence; - (f) the nature and effect of the warning.