New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert in alphabetical order in section 3 (1):
"intervention plan" has the same meaning as in the Criminal Procedure Act 1986 .
"intervention program" has the same meaning as in the Criminal Procedure Act 1986 .
"intervention program order" means an order referred to in section 10 (1) (c).
Omit section 5 (2). Insert instead:
(2) A court that sentences an offender to imprisonment for 6 months or less must indicate to the offender, and make a record of, its reasons for doing so, including:(a) its reasons for deciding that no penalty other than imprisonment is appropriate, and(b) its reasons for deciding not to make an order allowing the offender to participate in an intervention program or other program for treatment or rehabilitation (if the offender has not previously participated in such a program in respect of the offence for which the court is sentencing the offender).
Omit section 10 (1). Insert instead:
(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:(a) an order directing that the relevant charge be dismissed,(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
Insert after section 10 (2):
(2A) An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1) (c) is subject to Part 8C.
Insert after section 11 (1) (b):
(b1) for the purpose of assessing the offender's capacity and prospects for participation in an intervention program, or
(b2) for the purpose of allowing the offender to participate in an intervention program, or
Insert after section 11 (2):
(2A) An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.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.
Insert after section 11 (3):
(4) Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.
Omit "or good
behaviour bond" from section 24 (b).
Insert instead ", good behaviour bond or intervention program order".
Insert at the end of section 24 (b):
, and
(c) in the case of an offender who is being sentenced as a result of deciding not to participate in, or to continue to participate in, an intervention program or intervention plan under an intervention program order or good behaviour bond, anything done by the offender in compliance with the offender's obligations under the intervention program order or good behaviour bond, and
(d) in the case of an offender who is being sentenced following an order under section 11 (1) (b2):(i) anything done by the offender in compliance with the offender's obligations under the order, and(ii) any recommendations arising out of the offender's participation in the intervention program or intervention plan.
Insert after section 25 (1) (f):
(g) an intervention program order.
Insert after section 95:
95A Intervention program as condition of good behaviour bond(1) A good behaviour bond may contain a condition requiring the offender to participate in an intervention program and to comply with any intervention plan arising out of the program.(2) A good behaviour bond may not contain such a condition unless the court is satisfied:(a) that the offender is eligible to participate in the intervention program in accordance with the terms of the program, and(b) that the offender is a suitable person to participate in the intervention program, and(c) that the intervention program is available in the area in which the offender resides or intends to reside, and(d) that participation by the offender would reduce the likelihood of the offender committing further offences by promoting the treatment or rehabilitation of the offender.(3) This section does not limit the power of a court under section 95 (c) to impose a condition on a good behaviour bond as to participation in any program for treatment or rehabilitation that is not an intervention program.(4) This section does not limit the kinds of conditions that may be imposed on an offender by means of any other order or direction under this or any other Act, so that such an order or direction may include a condition of a kind referred to in subsection (1) or (3).
95B Referral of offender for assessment Before a court makes an order providing for an offender to enter into a good behaviour bond that contains a condition referred to in section 95A (1), the court may refer the offender for assessment as to the suitability of the offender to participate in an intervention program.Note: Regulations may be made for or with respect to the assessment of the suitability of a person to participate in an intervention program under the Criminal Procedure Act 1986 .
Insert after section 99:
99A Right to decide not to participate in intervention program(1) An offender may, at any time after entering into a good behaviour bond that contains a condition referred to in section 95A (1) (including after the commencement of the intervention program concerned), decide not to participate or to continue to participate in the intervention program or any intervention plan arising out of the program.(2) Such a decision is to be made in accordance with the terms of the intervention program.(3) If the offender makes such a decision, the sentencing court or any court of like jurisdiction may call on the offender to appear before it.(4) If the offender fails to appear, the court may take any action referred to in section 98 (1A) or (1B).(5) A court may, when an offender appears before it following a decision not to participate or to continue to participate in an intervention program or intervention plan:(a) vary the conditions of the good behaviour bond or impose further conditions on the bond, or(b) revoke the good behaviour bond.(6) A court that revokes a good behaviour bond under subsection (5) may re-sentence the offender for the offence for which the good behaviour bond was imposed.(7) This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.(8) An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.
Insert before Part 9:
100M Application This Part applies in circumstances in which a court is considering, or has made, an intervention program order.
100N Suitability of offender for intervention program An intervention program order may not be made with respect to an offender unless the court is satisfied:(a) that the offender is eligible to participate in the intervention program in accordance with the terms of the program, and(b) that the offender is a suitable person to participate in the intervention program, and(c) that the intervention program is available in the area in which the offender resides or intends to reside.
100O Referral of offender for assessment Before a court sentences an offender, the court may refer the offender for assessment as to the suitability of the offender to participate in an intervention program.Note: Regulations may be made for or with respect to the assessment of the suitability of a person to participate in an intervention program under the Criminal Procedure Act 1986 .
100P Explanation of intervention program order(1) A court that makes an intervention program order must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand):(a) the offender's obligations under the order, and(b) the consequences that may follow if the offender fails to comply with those obligations.(2) An intervention program order is not invalidated by a failure to comply with this section.
100Q Procedure following failure to enter into agreement If:(a) a court makes an order that provides for an offender to enter into an agreement to participate in an intervention program, and(b) the offender fails to enter into such an agreement in accordance with the order,the court may sentence the offender, or convict and sentence the offender, as if the order had not been made.
100R Proceedings for breach of order(1) If it suspects that an offender may have failed to comply with an intervention program order:(a) the court that made the order, or(b) any other court of like jurisdiction,may call on the offender to appear before it.(2) If the offender fails to appear, the court may take any action referred to in section 98 (1A) or (1B).(3) If it is satisfied that an offender appearing before it has failed to comply with an intervention program order, a court:(a) may decide to take no action with respect to the failure to comply, or(b) may revoke the intervention program order.
100S Consequences of revocation of order(1) If a court revokes an intervention program order under this Division, the court may convict and sentence the offender for the offence in respect of which the offender entered into the agreement to participate in the intervention program.(2) This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.(3) An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.
100T Right to decide not to participate in intervention program(1) An offender may, at any time after entering into an agreement under section 10 (1) (c) (including after the commencement of the intervention program concerned) decide not to participate or to continue to participate in the intervention program or any intervention plan arising out the program.(2) Such a decision is to be made in accordance with the terms of the intervention program.(3) If the offender makes such a decision, the sentencing court or any court of like jurisdiction, may call on the offender to appear before it.(4) If the offender fails to appear, the court may take an action referred to in section 98 (1A) or (1B).(5) A court may, when an offender appears before it following a decision not to participate or to continue to participate in an intervention program or intervention plan:(a) revoke the intervention program order, and(b) make another order under section 10 (other than an intervention program order), or convict and sentence the offender for the offence in respect of which the intervention program order was imposed.(6) This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.(7) An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002
Insert at the end of the Schedule:
47 Application An amendment to this Act made by the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 extends to an offence committed before the commencement of the amendment unless proceedings (other than committal proceedings) for the offence were commenced before the commencement of the amendment.