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Where am I now? Lawlink > Local Courts > About Courts > Diversion Programs and other Programs
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Diversion Programs and other Programs
Court diversion programs typically involve the Local Court magistrate adjourning a case while a defendant participates in a rehabilitation or other program to assist with his/her needs. Other court programs provide an alternative forum for hearing a case or negotiating an outcome.
More information about diversion and crime prevention programs is available on the Crime Prevention Division website.
Not all Local Courts participate in each program. Check with staff at the Local Court if a specific program operates at that location.
This page provides an overview of:
- MERIT - Magistrates Early Referral Into Treatment
- RAD - Rural Alcohol Diversion Program
- Circle Sentencing
- Forum Sentencing
- Mental Health Liaison Service
- Traffic Offenders Intervention Program
- DVICM - Domestic Violence Intervention Court Model
- Youth Drug and Alcohol Court
- Drug Court
MERIT
The Magistrates Early Referral into Treatment program (MERIT) is a drug treatment and rehabilitation program that provides adult defendants an opportunity to break the drug-crime related cycle. The MERIT program is designed to allow defendants to focus on treating drug problems independently from their legal matters. Defendants are closely case-managed by the MERIT team throughout the program and the Magistrate receives regular reports on the participant. Magistrates are able to consider the defendant's progress in treatment as part of final sentencing.
Crime Prevention Division Information Sheet: MERIT (PDF 112KB)
RAD
The Rural Alcohol Diversion Program (RAD) is based on the operating model of the MERIT program and provides adult defendants with alcohol abuse or dependence problems the opportunity of rehabilitation as part of the bail process. The RAD program aims to provide an opportunity for defendants to address their alcohol misuse and alcohol related crime. Defendants are closely case-managed by the RAD case worker throughout the program and the Magistrate receives regular reports on the participant. Magistrates are able to consider the defendant's progress in treatment as part of final sentencing.
Circle Sentencing
Circle Sentencing is an alternative sentencing Court for adult Aboriginal offenders. Based on traditional indigenous forms of dispute resolution and customary law, Circle Courts are designed for more serious repeat Aboriginal offenders and are aimed at achieving full community involvement in the sentencing process. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. It also empowers Aboriginal people to address criminal behaviour within their local communities.
Forum Sentencing
Forum Sentencing brings together an offender, the victim(s) of the offenders crime and other people affected by the crime. Forum Sentencing provides the victim and other people affected by the crime the opportunity to meet face-to-face with the offender and tell them about the impact of the crime on their lives. Forum Sentencing also provides the offender with an opportunity to learn about the impact their behaviour had on the victim and other people.
Crime Prevention Division Information Sheet: Forum Sentencing - Facing up to Crime (PDF 190KB)
Mental Health Liaison Service
The Mental Health Liaison Service assists the Local Court to appropriately manage people with psychiatric illnesses. NSW Health provide full time Clinical Nurse Consultants and forensic psychiatrists at a number of Local Court locations. The service provides clinical recommendations to the Court and links mentally ill people with appropriate care. In addition to the use of consultants at the courthouse, telehealth video conferencing facilities are used in some country locations to facilitate access to a psychiatrist in Sydney.
Traffic Offenders Intervention Program
The Traffic Offender Intervention Program is a Local Court based program targeting offenders who have pleaded guilty to, or been found guilty of, a traffic offence.
The goal of the program is to provide offenders with the information and skills necessary to develop positive attitudes towards driving and develop safer driving behaviours.
On application by the defendant, the defendant’s legal representative, or the Court’s own motion, magistrates can make a referral to an approved traffic course provider. The case will be adjourned for sentencing, allowing sufficient time for the nominated course to be completed.
The program is Regulated under the Criminal Procedure Act 1986by the Criminal Procedure Amendment (Traffic Offender Intervention Program) Regulation 2007. A register of approved course providers has been established and courses included on the Traffic Offender Intervention Program Register are approved for a period of three years.
The Traffic Offenders Register provides details of the approved course providers offering the course in various locations across NSW. To obtain further information about enrolling in a Traffic Offender Intervention Program please contact your nearest course provider directly.
Register of Program Providers
Operational Guidelines for Program Providers
DVICM
The Domestic Violence Intervention Court Model (DVICM) operates as a specialist court at Wagga Wagga and Campbelltown to improve safety for victims of domestic violence offences in contact with the criminal justice system and to ensure offenders are held to account for their actions. DVICM aims to:
- provide efficient and seamless support to victims of domestic violence throughout the prosecution process;
- improve the quality of the prosecution process to get better criminal justice system outcomes;
- find the balance between individual victim concerns and criminal justice system responsibilities to uphold the law; and
- provide integrated offender, victim and children's programs aimed at enhancing victim's safety and reducing repeat offending.
Youth Drug and Alcohol Court
The Youth Drug and Alcohol Court (YDAC) provides the opportunity for young offenders who would otherwise face a custodial sentence the opportunity to participate in an intensive rehabilitation program before being sentenced . YDAC aims to rehabilitate young offenders with alcohol and or drug problems by addressing not only the legal factors, but hte health and welfare issues which may have affected the young person's ongoing substance misuse and associated offending.
More information is available on the Youth Drug and Alcohol Court website.
Drug Court
The Drug Court is a specialist court that deals with offenders who are dependent on drugs. The aim is to assist drug-dependent offenders to overcome both their drug dependence and their criminal offending. The Drug Court works in collaboration with a number of other organisations to tailor a specific program and treatment for the specific needs of each offender.
More informaton is available on the Drug Court website.
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