Drug Court means the specialist court established under Act No: 17/2011 (Drugs Act) to hear and dispose of criminal cases of drug dependent persons, and subject such persons to mandatory treatment and rehabilitation programmes in order to reduce or eliminate their dependency on drugs and thus increasing their chances of reintegration into the community as responsible citizens.

Drug Court is situated in Maafannu, on Izzudheen Road, next to Izzudheen Mosque.

The drug court is established within the same hierarchy as a superior court stated in Act Number 22/2010 (the Judicature Act). And unless otherwise provided in the Drugs Act, the provisions in Act Number 22/2010 (the Judicature Act) relating to superior courts shall apply to the Drug Court where applicable.

The basis of the Court is to reduce the level of drug dependency of eligible persons, to reduce the level of criminal activity associated with their drug dependency, and to increase their chances of reintegration into the community as responsible citizens.

 The Drug Court is established to achieve the following objectives: 1. To endeavor to reduce the level of drug dependency of eligible persons 2. To endeavor to reduce the level of criminal activity associated with the drug dependency of eligible persons; 3. To find ways to reintegrate eligible persons into the community; 4.To grant legal and judicial recognition to the treatment mechanism, whilst interlinking the treatment mechanism with the general justice system.   The Drug court shall achieve the objects stipulated above, by reducing or eliminating the drug dependency of eligible persons by subjecting them to court ordered mandatory treatment programmes.

Instead of subjecting the drug dependent persons and persons whose drug dependency contributes to the commission of criminal offences, to available penalties and punishments under the normal criminal justice system, establishing mechanisms to enable them to overcome their dependency on drugs; with a view to reducing the level of criminal activity associated with their drug dependency in order to facilitate their reintegration into the community as responsible citizens is widely followed and accepted by countries around the world. The reason being drugs makes a person dependent on it, and imposing penalties or punishments is not a holistic and reliable approach to deter the person from returning to criminal activity again. It is with this approach; the Maldives incorporated the idea of establishing a special court for treatment of drug dependent persons. And instead of imposing penalties and punishments on the drug dependent persons, the drug court subjects such persons to mandatory treatment and rehabilitation programmes to reduce or eliminate their dependency on drugs and thus increasing their chances of reintegration into the community as responsible citizens.

During investigation of drug related crimes, the offences that fall within the jurisdiction of the drug court, are submitted by the Maldives Police Service before the Prosecutor general’s office. Such cases are subsequently charged by the prosecution authority and filed before the Drug court. The court after ascertaining the eligibility jurisdictional requirements of each case, registers the case before the drug court and then appoints a judge to decide on the case. After that the court orders the National Drug Agency to carry out the Indicative assessment of the accused in order to ascertain the drug dependency and the prescribed treatment program for the accused. After the preparation and submission of the Indicative assessment report by the National Drug Agency before the drug court, the court shall hear the case and if the accused pleads guilty to the offence for which he was referred to the Drug Court, the court shall convict and sentence him. The court shall also make an order suspending execution of the initial sentence. The initial sentence is passed to convict him of the alleged offence. In Addition to this, a Rehabilitation order is made to subject the offender to complete the prescribed treatment program and the Rehabilitation order contains the details of the prescribed treatment program. The treatment programs are run by licensed treatment centres. The court also monitors the execution of the treatment programs. If any offender fails to comply with the requirements of the treatment program, the court shall impose penalty on the accused for violation of conditions stipulated in the Rehabilitation order. Such penalties may also include termination of the accused from the treatment program. Where the Rehabilitation order made against a person undergoing the treatment programme is terminated, the court shall revert the initial sentence and order execution of that sentence in a correctional facility. If the offender successfully completes all parts of the programme that are required to be completed under the Rehabilitation order,  offender successfully completes all parts of the programme that are required to be completed under the Rehabilitation Order, the court shall vacate the Rehabilitation Order and shall impose a final sentence on the offender in any of the following 4 ways: (1)By making an order setting aside the initial sentence and releasing the offender unconditionally; (2)By making an order setting aside the initial sentence and releasing the offender conditionally on such conditions as the Drug Court imposes; (3)By making an order setting aside the initial sentence, deferring the passing of final sentence and releasing the offender conditionally on such conditions as the Drug Court imposes; (4)By making an order setting aside the initial sentence, and imposing instead a final sentence, deferring the passing of that sentence and releasing the offender conditionally on such conditions as the Drug Court imposes   Upon imposing of the final sentence or upon termination oft the treatment program, the case submitted before the drug court is concluded.

A person is an eligible person if he falls within the following categories of persons. 1. A person charged with the offence of use of drugs or; 2. A person charged with the offence of drug peddling; 3. A drug dependent person whose drug dependency contributed to the commission of a criminal offence; 4.A person serving a sentence for a criminal offence.

As per the Drugs Act, the Drug Court can hear cases of eligible persons below the age of 18 years charged with offences falling within the jurisdiction of the Drug court. Subsection (b) of section 21 of the Act No: 18/2019 (The Juvenile Justice Act) which came into force after the Drugs Act, further mentions on the said issue.

A person is not an eligible person if he or she has been charged with or is serving a sentence for any of the following offences mentioned under section 36 of the Drugs Act. Murder is one of the offences mentioned under section 36 of the Drugs Act. Hence if a person is charged with the offence of murder or serving a sentence for an offence of murder, the Drug Court ceases to have jurisdiction to try such a person’s case. Section 36 of the Drug Act mentions major criminal offences of grave and serious nature including; 1)murder,  2)An act terrorism, 3)An offence under Act Number 12/2009 (Child Sexual Offenders (Special Provisions) Act); 4)Drug trafficking; 5)Rape 6)Aiding or abetting the commission of any of the offences mentioned from (1) to (5).

According to the Drugs Act, the Drug Court shall consist of at least 5 (five) judges. The Judicial Service Commission may, where regard to the workload of the Court, increase the number of judges constituting the court to an amount determined by the commission.

Unless otherwise provided in the Drugs Act or any other Act, all proceedings in the Drug Court are to be heard and disposed of before a bench consisting of a single judge.

The appointment of judges to the Drug court to adjudicate upon the cases submitted before the Court, shall be determined by the chief judge in accordance with the Drugs Act. Appointment of judges shall be done in accordance with the chronological order of submission of cases to Drug court.  

As per the Drugs Act, Drug court is established in Male. However, the Drugs Act does not prevent the judges of the Drug Court from being assigned to work in various regions of the Maldives or for the Drug Court to be moved to a location deemed appropriate for the time being.

In order to proceed with a case submitted before the Drug Court, the accused must be willing to be subjected to an indicative assessment report. It means the accused must consent to everything related to the Indicative assessment. For example, giving of urine samples for testing, giving honest and appropriate answers to the questions asked, and if the need arises, be willing to be subjected to a report to identify if the accused suffers from a mental condition, illness or disorder that could prevent or restrict the accused persons active participation in a prescribed treatment programme. If the accused subsequently refuses to participate or fails to appear for the assessment, it will be deemed as if he has withdrawn his consent even though he verbally consented to undergo the Indicative assessment. Hence, any subsequent act on the part of the accused showing any refusal to participate in the indicative assessment will be deemed as withdrawal of his consent, and the Drug Court shall declare that the court ceases to have jurisdiction to adjudicate upon the case.

The indicative assessment report prepared and submitted by the National Drug Agency on the order of the Drug Court shall contain the following: 1.the level of drug dependency of the accused 2.an assessment of the persons suitability for rehabilitation; 3.if the person is suitable, the type of treatment that is required and/or a proposed rehabilitation program.

At the time of the indicative assessment, if information regarding the employment status of the accused is shared with the National Drug Agency, it will be taken into consideration in determining the prescribed treatment programme for the accused

In order to be eligible and fall within the jurisdiction of the Drug Court, it is mandatory that the accused must be willing to participate and complete the Drug Courts prescribed treatment programme. If the accused is not willing, the Court shall declare that it cannot further proceed with the case and shall transfer the case to a court that has jurisdiction to hear such cases.Hence the case will then proceed outside the system of the Drug Court and as per the procedures in the general criminal justice system.

There shall be no right to appeal against the following orders and decisions of the Drug Court, for the reason that a Rehabilitation Order is made with the consent of the offender to be subjected to its terms. 1.The initial sentence made under the Drugs Act; 2.The Rehabilitation Order made under the Drugs Act; 3.The order setting aside the order to suspend the execution of the initial sentence; 4.An order made by the court for the offender to appear before the court on a specified date.

Some orders and decisions of the Drug Court is subject to limitations on the right to appeal. However, the offender has the right of appeal against an order made by the court regarding the termination of the treatment programme. Hence, any grievances relating to an order of termination from the treatment program can be challenged and appealed before a higher court.

The Drug Court may terminate an offender’s treatment programme prescribed under a Rehabilitation Order, under the following circumstances: 1.If the offender undergoing the treatment, or the national drug agency or the treatment centre where the offender is undergoing treatment requests the Drug Court to terminate the programme; 2. If the offender fails to comply with the terms of the Rehabilitation Order; 3.If the offender refuses to consent to a variation of the terms of the Rehabilitation Order; 4. If the offender refuses to consent to comply with the varied terms of the Rehabilitation Order; 5. If the court is of the opinion that continuing the programme will not produce any satisfactory results

The accused summoned to appear before the Drug court may not be residing in Male. In such cases, the person maybe summoned to the magistrate court of the island he is presently residing in or to the magistrate court of the next nearest island where he is residing where the audio-vedio conference facility is available, and proceed with the hearing accordingly. Any such hearing conducted by way of audio-video conferencing shall be deemed as a hearing conducted in the presence of the offender.

Due to any emergency or unforeseen circumstances, bad weather, or sickness a person may fail to honor a summon to appear before the court. In such a situation, the information must be immediately shared with the court and the court shall inform on the steps to be taken accordingly. For example, in case of failure to appear before the court due to sickness, the required medical certificate must be produced before the court. If the offender does not appear before court without proof of any valid reason, the court may impose penalty on the offender for failure to honor the summon.

A person subject to a rehabilitation order, may apply to the National Drug Agency for permission to be treated in an overseas treatment centre with government funds. If the Drug court receives such an application the court shall grant leave subject to the following conditions being met or subject to any further conditions determined by the Court being met in addition to meeting the following conditions. (1) The overseas treatment centre that the applicant wishes to be treated in is a centre approved by the National Drug Agency; (2)The treatment programme offered at the overseas treatment centre is a programme approved by the National Drug Agency; (3)The overseas treatment centre is one that has entered into a memorandum of understanding with the National Drug Agency relating to inter-agency cooperation, exchange of information, and the establishment of a mandatory reporting mechanism between the centre and the Agency as regards treatment of the offender. (4)The finances have been arranged or are available for the person to reside in the overseas treatment centre for the duration of the treatment programme. (5)The person is not being prosecuted in another Court for a criminal offence; (6)The person is not subject to a sentence for a criminal offence other than a sentence, the execution of which has been suspended by the Drug Court.

All documents relating to the orders of the court will be issued to the offender immediately. Such documents include, order relating to the indicative assessment report, order of initial sentence, Rehabilitation Order, Order for termination of Treatment program and order of final sentence.