that thang

Question 1

diversion programs

Answer 1

low level offenders, make amends in return they don’t get a criminal record

Question 2

diversion programs eligibility

Answer 2

summary / heard summarily, not subject to a mandatory or fixed penalty, pleaded guilty, enough evidence for a trial, prosecution agrees.

Question 3

conditions diversion programs

Answer 3

apology / compensation, rehab / counselling, volunteer work, donate money to charity / community, driving course / seminar, any other conditions deemed appropriate by court.

Question 4

benefits diversion programs

Answer 4

offenders individual circumstances reflected (fair), offender can avoid criminal record, engage in conditions that reduce likelihood of reoffending, often apology for victim, community benefits from voluntary work or donations.

Question 5

diversion programs results

Answer 5

matter unsuitable: referred back to magistrates, may proceed to hearing.
conditions incomplete: referred back to magistrates, may proceed to hearing.
conditions complete: offender given caution, charges dropped, no criminal conviction recorded.

Question 6

objectives and benefits koori court

Answer 6

objectives: promote greater participation by community, increase accountability, reduce incarceration, increase community awareness of cultural needs and practices, encourage atsi ownership over the administration of justice.

benefits: informal for more participation, magistrate/ judge role is different sits at table rather than raised bench, offender sit with fam / support, plain english, talk about past, provide reasons, impacts, what offender can do to prevent further offending, how community can help, discuss crime, causes, impact, reflection on conduct.

Question 7

koori court eligibility and sentencing process

Answer 7

sentencing: elders discuss with offender why, impacts on everyone. offender re-thinks behaviour. effective at reducing reoffending.
eligibility: pleads guilty, atsi

Question 8

koori court

Answer 8

takes into account values and cultural backgrounds of atsi. sit at round table with elders, fam, lawyer, judge / magistrate. less formal, encourages open dialogue. white court alienating

Question 9

results dto

Answer 9

successful completion: don’t have to serve any prison time
failure to comply: may have additional conditions imposed and will likely serve time in prison.

Question 10

benefits dto

Answer 10

offender remains in community, be with family, addresses underlying drug dependencies, when completed dto allows offender to avoid being exposed to negative prison environment.

Question 11

dto conditions

Answer 11

custodial sentence: imprisonment suspended, wont have to serve time if completed.
treatment: addresses underlying issues, (drug testing, weekly attendance at drug court), counselling, education / employment programs, curfew, appointments.
rewards and sanctions: sanctions when non-compliant, rewards when conditions followed / show progress (verbal praise - immediate dto completion)

Question 12

dto eligibility

Answer 12

dependency on drugs / alcohol that directly contributed to their offending.
facing >2 prison, pleaded guilty, charges not sexual or bodily harm, not on parole.

Question 13

drug court and impose drug treatment order

Answer 13

drug court: rehab offenders, improve safety of community by limiting likelihood of reoffending.
dto: term of imprisonment, drug / alcohol treatment, imprisonment suspended while receiving treatment.