alternative approaches of Sanctions Flashcards
(15 cards)
What is the drug court
a specialist court that is able to impose a drug
treatment order on an offender where drugs
or alcohol contributed to the commission of
the offence
what makes you eligible for a drug treatment order
-The offender must live in an area serviced by the Drug Court
-The offender must plead guilty
-The offence must fall under the jurisdiction of the Magistrates’ Court and be punishable by a term of imprisonment
-The offence must not be a sexual offence or an offence that involved bodily harm
-The Drug Court must be satisfied that the
offender is dependent on drugs and that dependency contributed to the offence being committed
what is the aim of a drug treatment order
to treat and rehabilitate an offender
What are the two elements of a DTO
Treatment and supervision
Custodial component
what is the effectiveness of the drug court
address the underlying causes of a person’s offending, by providing counseling and drug rehabilitation.
reoffending is lower by 30% in the first 12 months compared to those imprisoned
savings of 1.2 mil over 2 years dues to fewer days of imprisonment
better health and wellbeing of participants
What is the Koori court
sentencing court that is available to Aboriginal and Torres Straight Islander persons accused of a crime
what is the aim of the Koori court
provide an informal atmosphere that is sensitive to the cultural needs of indigenous persons
the court has elders and family members present during sentencing
how are you eligible to be in the Koori coirt
The accused must be Aboriginal or Torres Straight Islander
The offence must be within the jurisdiction of the relevant court
The offence must not be a sexual offence, a domestic violence offence or a contravention of an intervention order
The accused intends to, or has, pleaded guilty
The accused consents
what is the process of the koori court
less formal than magistrates
participants sit around a table
magistrate can take advice from indigenous elders but still makes final decision
what is the effectiveness of the Koori court
reduced rate of recidivism amongst indigenous persons
14% reoffend after being sentenced
What are Diversion programs
method used in the
Magistrates’ Court
and Children’s Court
to ‘redirect’ offenders
away from the court
and avoid a criminal
record by placing them
on a plan
what is the aim of diversion programs
rehabilitate first time offenders
how are you eligible for diversion programs
Acknowledge responsibility for the offence
The Court must view the program as appropriate
Both the prosecution and the accused must agree to the use of the program
The offence must be one that is not punishable for a minimum or fixed penalty
what is the process of diversion programs
matter is adjourned for 12 months so that the offender may participate in the program
This may involve:
Obtaining treatment
Writing a letter of apology to the victim
Compensating the victim
Undertaking an education course
Donating or completing community service
If the Diversion Program is successfully completed, then the offender does not need to enter a plea, and they are discharged without finding any guilt. If not successfully completed, then the case returns to court for a hearing, and the offender is sentenced
what is the effectiveness of diversion programs
94% of offenders are placed on a diversion program complete it successfully
