Alternative approaches to sentencing Flashcards
What is the drug court?
A court dealing with offenders who commit crimes while under the influence of drugs, or to support a drug habit
What is the purpose of the drug court?
Intends to respond to failure of traditional sentencing methods by directly addressing drug use, addresses issue of substance dependency.
What is a Drug Treatment Order?
an order aiming to rehabilitate an offender, providing judicially supervised, therapeutically oriented drug or alcohol treatment program.
What are the two parts of a DTO?
Treatment and supervision, and custodial (sentence of imprisonment, no more than 3 or 4 years)
How can you be eligible for a DTO?
- reside within area serviced by drug court
- Guilty plea to offence
- Within jurisdiction and punishable by imprisonment
- willing to participate
What is the Koori Court?
Division of Magistrates’, Childrens and County court for sentencing, available to Indigenous or First Nation’s peoples.
What does the Koori Court provide for Indigenous peoples?
Provides informal atmosphere, representation for sentencing process
- explores sentencing alternatives to imprisonment
How can you be eligible for the Koori Court?
- First nation’s
- Within jurisdiction of relevant court
- intends to or has plead guilty
- consents to use of Koori court
What is a diversion program?
Criminal matter dealt with out of court through programs rather than entering plea or found guilty.
What is a strength of diversion programs?
Opportunity to avoid criminal record, avoid sentencing, person must consent.
What is the aim of diversion programs?
Intended for fist time offenders, reduces offending, assists in rehabilitation, saves court resources and can involve victims
How can you be eligible for a diversion program?
Acknowledge responsibility for offence, appropriate to court to participate, not punishable by minimum or fixed sentence or penalty.
Magistrates’ or Children’s court.
