New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT (CRIMINAL JUSTICE INTERVENTIONS) ACT 2002 - SCHEDULE 1

SCHEDULE 1 – Amendment of Criminal Procedure Act 1986

(Section 3)

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"intervention plan" --see section 174.
"intervention program" --see section 174.

[2] Part 9

Insert after Part 8:

Part 9 - Intervention programs

Note: This Part provides for the recognition and operation of certain programs for dealing with accused persons and offenders, known as "intervention programs". An accused person or offender may be referred for participation in an intervention program at several points in criminal proceedings against the person, as follows:

(a) a court that grants bail to a person may impose a condition of bail under section 36A of the Bail Act 1978 that the person enter into an agreement to subject himself or herself to an assessment of the person's capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation, or that the person enter into an agreement to participate in an intervention program (and to comply with any plan arising out of the program) or other program for treatment or rehabilitation,

(b) a court may adjourn criminal proceedings against a person before any finding as to guilt is made and grant bail to the person for the purpose of assessing the person's capacity and prospects for participation in an intervention program or to allow the person to participate in an intervention program (and to comply with any plan arising out of the program) under this Act,

(c) a court that finds a person guilty of an offence may make an order requiring the person to participate in an intervention program (and to comply with any plan arising out of the program) under section 10 of the Crimes (Sentencing Procedure) Act 1999 ,

(d) participation in an intervention program (and compliance with any plan arising out of the program) may be made a condition of a good behaviour bond under section 9 or 10 of the Crimes (Sentencing Procedure) Act 1999 , or of a suspended sentence under section 12 of that Act,

(e) sentencing of an offender may be deferred for the purpose of assessing an offender for participation in an intervention program, or for allowing an offender to participate in an intervention program (and to comply with any plan arising out of the program) under section 11 of the Crimes (Sentencing Procedure) Act 1999 .

Division 1 - Preliminary

173 Objects

(1) The objects of this Part are:

(a) to provide a framework for the recognition and operation of programs of certain alternative measures for dealing with persons who have committed an offence or are alleged to have committed an offence, and

(b) to ensure that such programs apply fairly to all persons who are eligible to participate in them, and that such programs are properly managed and administered, and

(c) to reduce the likelihood of future offending behaviour by facilitating participation in such programs.

(2) In enacting this Part, Parliament recognises that:

(a) the rights of victims should be protected and maintained in accordance with the Charter of Victims Rights set out in the Victims Rights Act 1996 , and

(b) the successful rehabilitation of offenders contributes to the maintenance of a safe, peaceful and just society.

174 Definitions

(1) In this Part:
"intervention plan" means a plan, agreement or arrangement arising out of the participation of an offender or an accused person in an intervention program.
"intervention program" means a program of measures declared to be an intervention program under section 175.

(2) Notes included in this Part are explanatory notes and do not form part of this Part.

Division 2 - Intervention programs

175 Declaration and regulation of intervention programs

(1) The regulations may declare that a program of measures for dealing with offenders or accused persons that is described in the regulations is an "intervention program" for the purposes of this Part.

(2) The purposes of such a program may include any of the following:

(a) promoting the treatment or rehabilitation of offenders or accused persons,

(b) promoting respect for the law and the maintenance of a just and safe community,

(c) encouraging and facilitating the provision by offenders of appropriate forms of remedial actions to victims and the community,

(d) promoting the acceptance by offenders of accountability and responsibility for their behaviour,

(e) promoting the reintegration of offenders into the community.

(3) The regulations may make provision for or with respect to the following matters:

(a) subject to section 176, the offences in respect of which an intervention program may be conducted,

(b) subject to section 177, eligibility to participate in an intervention program,

(c) the nature and content of the measures constituting an intervention program,

(d) the purposes and objectives of an intervention program, and the principles guiding an intervention program,

(e) assessment of the suitability of a person to participate in an intervention program, or of a person's capacity or prospects for participation in an intervention program,

(f) the conduct of investigations and the preparation of reports as to a person's suitability, capacity or prospects for participation in an intervention program,

(g) the provision of reports as to a person's suitability, capacity or prospects for participation in an intervention program,

(h) the persons, bodies or organisations who may participate in an intervention program or intervention plan (in addition to the offender or accused person),

(i) the role of particular persons, bodies or organisations in the conduct of an intervention program or intervention plan,

(j) restrictions or conditions on participation in an intervention program (including legal representation of offenders or accused persons who participate in an intervention program),

(k) the development and implementation of intervention plans arising out of an intervention program, including restrictions or conditions on intervention plans,

(l) procedures for notification of courts or other persons, bodies or organisations of a decision of a person not to participate in, or to continue to participate in, an intervention program or intervention plan,

(m) the content and keeping of records in connection with an intervention program or intervention plan,

(n) the monitoring and evaluation of, or research into, the operation and effect of an intervention program or intervention plan,

(o) the issuing of guidelines with respect to the conduct or operation of an intervention program or intervention plan,

(p) authorising the participation of persons who are in custody in an intervention program or intervention plan,

(q) any other matter relating to the conduct or operation of an intervention program or intervention plan.

(4) The operation of an intervention program may be limited by the regulations to a specified part or parts of New South Wales, or for a specified period or periods (or both).

(5) Nothing in this section prevents the development, conduct or operation of programs of measures for the treatment or rehabilitation of offenders or accused persons that are not intervention programs.

176 Offences in respect of which an intervention program may be conducted

(1) The offences in respect of which an intervention program may be conducted are, except as provided by subsection (2):

(a) summary offences, and

(b) indictable offences that may be dealt with summarily under this Act or another law prescribed by the regulations for the purposes of this subsection.

(2) An intervention program may not be conducted in respect of any of the following offences:

(a) an offence under section 35 (Malicious wounding or infliction of grievous bodily harm) or 35A (1) (Maliciously cause dog to inflict grievous bodily harm) of the Crimes Act 1900 ,

(b) an offence under Division 10 (Offences in the nature of rape, offences relating to other acts of sexual assault etc) or 15 (Child prostitution and pornography) of Part 3 of the Crimes Act 1900 ,

(c) an offence under section 562AB (Stalking or intimidation with intent to cause fear of physical or mental harm) of the Crimes Act 1900 ,

(d) an offence under section 578B (Possession of child pornography) or 578C (2A) (Publishing child pornography) of the Crimes Act 1900 ,

(e) any offence involving the use of a firearm,

(f) an offence under section 23 (1) (b) or (2) (b) (Offences with respect to prohibited plants), 25 (Supply of prohibited drugs) or 25A (Offence of supplying prohibited drugs on an ongoing basis) of the Drug Misuse and Trafficking Act 1985 ,

(g) any other offence prescribed by the regulations for the purposes of this subsection.

177 Eligibility of certain persons to participate in intervention program A person is not eligible to participate in an intervention program in respect of an offence while the person is being dealt with for the offence:

(a) by the Children's Court under Part 3 (Criminal proceedings in the Children's Court) of the Children (Criminal Proceedings) Act 1987 (including after the person has been remitted to the Children's Court under section 20 of that Act), or

(b) by any other court in accordance with Division 4 of Part 3 of that Act.

Division 3 - Adjournment of criminal proceedings in connection with intervention program

178 Court may adjourn proceedings to allow accused person to be assessed for or to participate in intervention program

(1) Before a finding as to the guilt of an accused person in respect of an offence is made, a court may make an order adjourning proceedings against the accused person to a specified date, and granting bail to the person in accordance with the Bail Act 1978 , for either or both of the following purposes:

(a) assessing the person's capacity and prospects for participation in an intervention program,

(b) allowing the person to participate in an intervention program.

Note: Section 36A of the Bail Act 1978 enables a court to grant bail to a person on either or both of the following conditions:

(a) that the person enter into an agreement to subject himself or herself to an assessment of the person's capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation,

(b) that the person enter into an agreement to:

(i) participate in an intervention program and to comply with any intervention plan arising out of the program, or

(ii) participate in any other program for treatment or rehabilitation.

(2) The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the making of the order.

(3) This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.

(4) This section does not limit the kinds of purposes for which a court may adjourn proceedings or grant bail, so that an order adjourning proceedings may be made for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program.

Division 4 - Miscellaneous

179 Regulations with respect to the provision or disclosure of information in connection with intervention programs

(1) The regulations may make provision for or with respect to the provision or disclosure of information in connection with an intervention program or intervention plan to a court or other person, body or organisation.

(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following matters:

(a) the admissibility of such information in evidence in any criminal or civil proceedings, including the admissibility in evidence of any statement, confession, admission or information made or given by an offender or accused person during participation in, or for the purposes of participation in, an intervention program or intervention plan,

(b) the protection of a person, body or organisation from civil or criminal liability or disciplinary proceedings resulting from the provision of such information,

(c) the compellability of a person, body or organisation to disclose such information or to produce a document containing such information before a court, tribunal or committee.

(3) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information referred to in subsection (1) in accordance with the regulations.

(4) The regulations made under this section may create offences punishable by a penalty not exceeding 50 penalty units.

180 Relationship with other legislation

(1) The Bail Act 1978 prevails in the event of an inconsistency between that Act and this Part.

(2) This Part does not affect any jurisdiction conferred on any court under any other Act or law.

(3) This Part does not derogate from the functions of any person or court dealing with an offence or alleged offence to take any other action in relation to an offence or alleged offence, under any other Act or law.

[3] Part 9 (as inserted by item [2] of this Schedule)

Transfer Part 9 to the end of Chapter 7, renumber the Part with appropriate Part and section numbers, and appropriately renumber:

(a) the references to section 174 in the definitions of "intervention program" and "intervention plan" in section 3 (1), and

(b) the reference to section 175 in the definition of "intervention program" in section 174, and

(c) the reference to section 176 in section 175 (3) (a), and

(d) the reference to section 177 in section 175 (3) (b).

[4] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002