WHAT IS THE DIVERSION COURT PROGRAM?

Treatment Intervention Program and Drug Court Program What is it? The Intervention Programs are run in a specialist court and are not heard with the general criminal listings. The term “intervention program” is defined by legislation[1] as a program that provides supervised treatment, supervised rehabilitation, supervised behaviour management and/or supervised access to support services. Why does it exist? The Program is based on research and aims to address the underlying causes of crime prior to sentencing in an effort to reduce the risk...

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WHEN CAN A CRIMINAL CHARGE BE FINALISED WITHOUT A CONVICTION?

Two recent decisions handed down by the Supreme Court have considered the circumstances under which a criminal conviction should not be recorded against a person found guilty of an offence. In one case, this was despite the fact that the accused person was found guilty of the charge of assault after a six-day trial. Under the Criminal Law (Sentencing) Act when a Court finds a person guilty of an offence for which it proposes to impose a fine, community service or both, then the Court may do so without recording a conviction if it is of the...

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IMPRISONED FOR ACCEPTING A GIFT

A man was imprisoned for fourteen days for two charges that included accepting as a gift from a friend a single round of ammunition that he intended to make into a necklace. The man was charged with a number of offences including possession of a slingshot and accepting the ammunition when he did not hold a firearms licence that authorised him to possess a gun designed to fire that type of ammunition. The Court accepted that he did not appreciate it was unlawful to be in possession of a single round and also that he did not believe that the...

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