Annual Review
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3 Diversionary programmes and other aspects of the Court’s workDiversionary programmesMagistrate’s Early Referral Into Treatment Programme The Magistrate’s Early Referral Into Treatment Programme (MERIT) is a pre-plea three month drug treatment and rehabilitation programme based in Local Courts that provides adult defendants an opportunity to break the drugcrime related cycle. The MERIT programme is designed to allow defendants to focus on treating drug problems independently from their legal matters. Treatment commences prior to any pleas being entered with the adjournment of Court matters until the completion of the programme. Defendants are closely case-managed by the MERIT Team throughout the programme and the Magistrate receives regular reports on the participant. The final hearing and/or sentence proceedings generally coincide with the completion of the MERIT programme. Magistrates are then able to consider the defendant’s progress in treatment as part of final sentencing. During 2006 the MERIT programme expanded to Waverly Local Court, Newtown Local Court and Fairfield Local Court. The programme is now available in 60 Local Courts throughout the State. During 2006, 2,784 defendants were referred to MERIT, 1,675 were accepted with 1,047 successfully completing the programme. MERIT is a Commonwealth and State initiative and funding is provided through the National Illicit Drug Strategy. The Court works in partnership with the New South Wales Attorney General’s Department, New South Wales Police Service, New South Wales Health and Probation and Parole in the expansion and development of MERIT.
The Rural Alcohol Diversion (RAD) Programme is founded on the operating model of the MERIT programme and provides adult defendants with alcohol abuse or dependence problems the opportunity of rehabilitation as part of the bail process. The Rural Alcohol Diversion Programme is a pilot programme and currently operates at Orange and Bathurst Local Courts. The aim of the programme is to provide an opportunity for defendants to address their alcohol misuse and alcohol related crime. Participants may be identified as suitable for assessment for the programme by a Magistrate, solicitor, police or the defendants themselves. Based on an assessment, the defendant may be accepted into RAD. Eligible defendants are evaluated and may be placed in a three month judicially supervised programme as a condition of bail. Defendants are closely case-managed throughout the programme and the Magistrate receives regular reports from the RAD Caseworker. The final hearing and sentence generally coincide with the completion of the treatment programme. Magistrates are then able to consider the defendant’s progress in treatment as part of final sentencing. During 2006, 86 defendants were referred to the programme, of whom 54 were accepted. As at 31 December 2006, 39 defendants had successfully completed the programme.
It is important to note when interpreting these statistics that the annual number of programme completions is not proportional to the annual number of programme referrals. The MERIT and RAD programmes are of 3 months duration. As such, persons referred to the programmes after September 2006 will still be on the programme at 31 December 2006 and therefore, not accounted for in the completion figures. Similarly, the completion figures include persons who commenced MERIT or RAD from September to December 2005 and completed their contact with the programme in 2006.
Circle Sentencing is an alternative sentencing Court for adult Aboriginal offenders. Based on traditional indigenous forms of dispute resolution and customary law, Circle Courts are designed for more serious repeat Aboriginal offenders and are aimed at achieving full community involvement in the sentencing process. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. It also empowers Aboriginal people to address criminal behaviour within their local communities. During 2006, the programme operated at Local Courts in Nowra, Dubbo, Walgett, Brewarrina, Bourke, Lismore, Armidale and Kempsey, with the programme to expand into Western Sydney (at Mt Druitt). As set out in the Criminal Procedure Amendment (Circle Sentencing Programme) Regulation 2005, Circle Sentencing aims include:
Young Adult Conferencing Community Conferencing for Young Adults commenced at Liverpool Local Court and the Tweed Heads Local Court Circuit as a two year pilot programme in October 2005. The programme is available to offenders between the age of 18 and 25 who have committed offences, which expose them to the likely prospect of imprisonment. Young Adult Conferencing brings an offender and victim together with a facilitator, police officer and support people to discuss the harm caused by an offence and prepare an ‘intervention plan’ for the offender. The intervention plan may include the making of an apology or reparation to the victim, participation in an appropriate programme, such as drug and alcohol rehabilitation and other measures aimed to help young adult offenders address their offending behaviour and integrate into the community. Whilst the programme does not apply to serious crimes of violence, it essentially provides Magistrates with another sentencing option and targets offenders who are otherwise likely to be imprisoned. The Intervention Plan is taken into account by the Court at the time of sentencing.
The Mental Health Liaison Service assists the Local Court to appropriately manage people with psychiatric illnesses by providing full time mental health nurses at a number of Local Court locations to enable early diagnosis of defendants and facilitate treatment in conjunction with progress through the criminal justice system. The Mental Health Liaison Service continued in 2006, operating in 17 Local Courts.
In the 2005/06 financial year, 17,993 people were screened for mental health problems in Court cells. Of this number, 2,373 received a comprehensive mental health assessment. 84% of those screened were found to be suffering a severe mental illness, mental disorder or condition. (Source: Justice Health 2005/2006 Annual Report) In 2006 the programme expanded to Burwood, Central and Wagga Wagga Local Courts. Telehealth video conferencing facilities operated in Broken Hill and Griffith during 2006, facilitating the presentation of persons before a psychiatrist in Sydney through the use of Audio Visual Link Technology.
Children’s Court diversion programmesYouth Drug and Alcohol Court The Youth Drug and Alcohol Court deals intensively with a small group of young offenders who would otherwise face a custodial sentence. Within a framework of therapeutic jurisprudence, the programme delivers a holistic range of health, welfare and criminogenic interventions under close judicial supervision. Services to the programme are provided by New South Wales Health, the Department of Juvenile Justice, the Department of Community Services and the Department of Education and Training. The programme operates by deferring the sentencing of young offenders while he or she undertakes a personalised rehabilitation plan. The young offender appears before a Children’s Magistrate every fortnight for review. In 2005, the programme was expanded to cover the whole of the Sydney metropolitan area and, during 2006, the Youth Drug and Alcohol Court sat at Bidura, Cobham, Campbelltown and Parramatta (since the opening of the new Children’s Court in Parramatta in November 2006). In 2006, 86 young offenders were referred and 46 were accepted and commenced the programme. There were 19 graduates in 2006 and as at 31 December 2006, 29 young offenders were continuing to participate in the programme.
The intensive Court Supervision (ICS) programme was developed to provide Magistrates with alternatives for eligible children and young people who would otherwise be facing custody. The programme is designed for serious young offenders in rural areas and relies on intense supervision and support. The ICS programme commenced as a trial at Brewarrina in March 2005 and extended to Bourke in December 2005. The programme is presently under review by the Premier’s Department. During 2006, seven referrals were made to ICS and there have subsequently been a further three referrals. The programme involves the collaboration of Community Justice Centres, the Department of Juvenile Justice, community members and the Children’s Court. It aims to reduce recidivism by addressing health and social deficits and by integrating young offenders into productive community life, including through employment, sport, cultural activity and education. While diversion can be applied at any of several stages in the juvenile justice process, the intention of the ICS programme focuses particularly on the postplea, pre-sentence phase where young offenders may be subject to orders consistent with section 33(1)(c2) Children’s (Criminal Proceedings) Act, 1987. Following referral to the programme, young persons are assessed by a dedicated juvenile justice officer, who is responsible for supervision, co-ordination of service and participation of the young person in the programme. Work then follows with the young person and his or her family to identify issues relating to their offending behaviour and to develop a plan relevant to the particular needs of the young offender. The juvenile justice officer will assume the added responsibility of monitoring the young offender’s participation in the programme and provide comprehensive written reports to the Court in relation to the young offender’s progress and compliance. Mental Health Liaison Service The Mental Health Liaison Service also operates to a limited extent in the Children’s Court. A mental health nurse with access to a specialist children’s forensic psychiatrist and a specialist psychologist attends Court on list days, assessing and reporting to the presiding Children’s Magistrate on the mental health status and needs of young people referred by the Court and suggests strategies for treatment. Technology in the Local CourtAudio Visual Link Technology (AVL) Video conferencing involves the delivery of images and sounds to and from a remote location. The Court’s audio visual link is two-way, which enables real time conversations to take place. The benefits provided include a reduction in transportation of prisoners to and from Court, especially in regional locations and increased security. The Primary use of AVL is to conduct bail hearings, however, the AVL technology has also been used to take evidence from witnesses outside the jurisdiction, which includes witnesses from interstate and overseas. In 2006 AVL was used to conduct 17,834 bail hearings, an increase of 53% from 2005. The technology continues to assist the Court in ensuring access to justice. In 2006 the following Local and Children’s Courts had AVL facilities available: Local Courts
Children’s Courts
AVL facilities continue to be implemented in new locations throughout the State on a priority basis. 
CCTV – Remote Witnesses Closed circuit television (CCTV) facilities have also been installed in 71 Courts, allowing vulnerable witnesses to give evidence in sensitive matters such as sexual assault, from a remote location. This facility is highly utilised and provides some measure of comfort and security to victims of crime. During 2006, CCTV was used to allow 449 remote witnesses to give evidence (an increase from 309 in 2005) and 144 protected witnesses to give evidence (an increase from 78 in 2005). Court lists online The provision of online access to daily Court lists for the Local Courts across New South Wales, enhances public accessibility to the Court. Court users are able to access the online facility through the Local Court website within Lawlink. Electronic lodgement – civil claims Electronic lodgement of civil claims allows Court users to lodge initiating process and fi le for default judgment. Electronic lodgement results in increased timeliness in Court practices and procedures. The Court continually investigates whether work practices and procedures can potentially be undertaken electronically. Electronic lodgement – criminal processes New South Wales Police are able to interface and upload new cases from Police Charge Management System (COPS) to the Court’s criminal case management system. Electronic lodgement facilities also provide an interface between the Court and New South Wales Police to enable the updating of an offender’s criminal antecedents following a Court hearing. This process continues to provide significant benefits to the Court and Court users. Local Court website The Local Court website on Lawlink provides access to Magistrate’s judgments as well as Local Court Practice Notes. This can be found at www.lawlink.nsw.gov.au/lawlink/local_courts/ ll_localcourts.nsf/pages/lc_index |
