AOS3 - Alternate sentencing approaches

Question 1

The Drug Court

Answer 1

• A specialist court that can impose a drug and alcohol treatment order (DATO) on offenders who commit crimes while under the influence of drugs or to support a drug habit
• Established in 2002 as a division of the Magistrates Court (Melbourne, Dandenong, Ballarat, and Shepparton) has now expanded to be a division of the County Court

Question 2

Eligibility for the Drug Court

Answer 2

To be eligible, the offender must:
- Reside in an area serviced by the Drug Court
- Plead guilty to the offence
- Be dependent on drugs and/or alcohol that contributed to their offending
- Be facing an immediate term of imprisonment not exceeding two years in the Magistrates Court or four years in the County Court
- Be facing charges that are not sexual offences or involved the infliction of actual bodily harm

• Alexander must be screened to determine whether they are suitable to participate in the DATO program

Question 3

Drug and alcohol treatment order

Answer 3

• Aimed at rehabilitation by providing a judicially supervised therapeutically oriented treatment program. There are two parts:
• Treatment and supervision:
  
  • Core conditions: not commit offence punishable by imprisonment, report to and accept visits from relevant officers, give notice of change of address, not leave Victoria without permission
  • Program conditions: submit to testing, attend vocational or educational programs, attend medical or psychological treatment, not associate with specified people, reside in a specified place
• Custodial:
  
  • The Drug Court must impose an imprisonment sentence not exceeding two years (Magistrates) or four years (County). The sentence is deferred while the offender undergoes treatment and supervision

Question 4

Implications of a DATO

Answer 4

• Reward:
  
  • The drug court has the power to reward offenders who have been compliant (e.g. a movie voucher, verbal praise). However, this has been controversial
• Punishment:
  
  • Failure to comply may result in other sanctions such as unpaid community work or the activation of the custodial sentence for a short period of time (no more than 7 days). The DATO can also be cancelled if the offender is unwilling to participate

Question 5

Koori Court

Answer 5

• A division of the Magistrates Court, Children’s Court and County Court that operates as a sentencing court for First Nations people
• The process is less formal than a traditional court and encourages open dialogue between the parties. Elders, respected persons and family members are empowered to contribute to the discussion
• The magistrate urges the ultimate decision maker and has the same sentencing options available as the relevant court

Question 6

Eligibility for the Koori Court

Answer 6

• To be eligible, the offender must:
  
  • Be a First Nations person
  • Plead guilty to the offence
  • Consent to the case being dealt with by the Koori Court
  • Be facing charges that are not sexual offences

Question 7

Diversion programs

Answer 7

• A method used in the Magistrates and Children’s Court to redirect offenders away from the criminal justice system and avoid a criminal record
• Intended for first time offenders or low-risk people who have committed summary offences (e.g. minor drug use or possession, criminal damage)

Question 8

Eligibility for diversion programs

Answer 8

• To be eligible, the offender must:
  
  • Have committed a summary offence or indictable offence triable summarily
  • Acknowledge responsibility for the offence to the Court
  • Be considered appropriate to participate by the Court
  • Consent to the program (along with the prosecution)
  • Be facing the child that does not have a minimum or fixed sentence (e.g. suspension of license)

Question 9

Process for diversion programs

Answer 9

• The onus is on the offender to ask for a diversion
• If the court agrees, the offender is redirected from the sentencing court and placed on a diversion plan. The proceeding is adjourned for up to 12 months to enable them to participate. The plan may include:
  
  • Obtain drug or alcohol treatment or engage with counselling
  • Write an apology letter to the victim
  • Undertake an education course
  • Make a donation to charity or complete community work
• If successful, the offender does not have to put in a plea. If unsuccessful, the offender is sentenced accordingly