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Where am I now? Lawlink > Homepage > Consultation Paper 7 (2010) - People with cognitive and mental health impairments in the criminal justice system: diversion
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Consultation Paper 7 (2010) - People with cognitive and mental health impairments in the criminal justice system: diversion
Table of contents
1. The concept of diversion
2. Pre-court diversion
3. Diversion under section 32
OVERVIEW OF THE LOCAL COURT’S DIVERSIONARY POWERS
DETERMINING ELIGIBILITY FOR A SECTION 32 ORDER
The defendant must not be a “mentally ill person”
Meaning of “developmentally disabled”
“Suffering from a mental illness”
“Suffering from a mental condition for which treatment is available in a mental health facility”
Adopting a general, overarching term to replace existing categories of eligibility?
EXERCISING THE COURT’S DISCRETION ABOUT WHAT IS APPROPRIATE
The seriousness of the offence
A causal connection between the condition and the offence?
The sentencing outcomes if the defendant is convicted
Availability of a case plan or other proposed course of action
The defendant’s criminal history, including previous diversionary measures
A legislative list of factors to guide the discretion?
ORDERS THAT THE COURT CAN MAKE
Interlocutory orders
Final orders
Duration of orders
Powers to enforce a final order
HEARING APPLICATIONS UNDER SECTION 32
Identifying a defendant’s cognitive impairment or mental health problem
Preparation of reports to support a section 32 application
Concerns about bias
An alternative model for hearing section 32 applications
4. Diversion under section 33
5. Enhancing diversion in the superior courts
Existing diversionary powers of the superior courts: section 10 of the Mental Health (Forensic Provisions) Act 1990 (NSW)
Formulating a legislative list of principles for these extended diversionary powers?
Interaction of s 32, 33, fitness to plead provisions and provisions governing the special verdict of not guilty by reason of mental illness
Appendix: Mental Health (Forensic Provisions) Act 1990 (NSW)
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