Transcript Judge Marshall Irwin - Chief Magistrate

SPECIAL
CIRCUMSTANCES
LIST
ELIGIBILITY CRITERIA
Either at the time of the offence or at the time
the person appears before the Magistrates
Court:
1.
Adult (a person to whom the Juvenile Justice
Act 1992 does not apply)
2.
Homeless, within the Chamberlain and
MacKenzie definition of:



Sleeping rough or in improvised shelters; or
Regularly moving between short term housing,
such as emergency shelters, friends houses etc
and sleeping rough; or
Boarding house dwellers.
3.
Appear to suffer from impaired decision
making capacity as a result of either mental
health issues, intellectual disability or
brain/neurological disorders.
4.
Charged with an eligible offence, namely:

An offence that is to be dealt with summarily (by
right or election);

Which arises from circumstances which have an aspect of ‘public
order’ (including ‘procedural’ offences such as fail to appear, breach
bail etc in respect of another eligible offence) for example public
nuisance, begging, public drunkenness, trespass, wilful exposure
under Summary Offences Act 2005 , wilful damage, possession of a
knife in a public place, failure to properly dispose of a syringe,
obstruct or assault police in the course of performance of duties under
Police Powers and Responsibilities Act 2000, failure to follow a
police direction, offences against the Regulatory Offences Act 1989
and the Liquor Act 1992.
Disqualifying offences are:



Those of a sexual nature (other than prostitution);
More serious offences of personal violence; and
Drug offences for which the offender is eligible for other diversion.
A person is not otherwise automatically
disqualified because of:


Previous convictions for like offences; or
Previous participation in the Homeless Persons
Court Diversion Program (the program).
5.
6.
7.
The person agrees to be assessed for, and
participate in the program (which consent
can be withdrawn at any stage).
The charge is not the subject of contest,
whether indicated through a plea of guilty or
otherwise.
Five persons a week will be the subject of
referrals.
Note: For the purpose of these criteria a reference
to the program includes the special
circumstances list.
HOMELESS PERSONS
DIVERSION
PROGRAM
ELIGIBILITY CRITERIA
Either at the time of the offence or at the time
the person appears before the Magistrates
Court:
1.
Adult (a person to whom the Juvenile Justice
Act 1992 does not apply)
2.
Homeless, within the Chamberlain and
MacKenzie definition of:



Sleeping rough or in improvised shelters; or
Regularly moving between short term housing,
such as emergency shelters, friends houses etc
and sleeping rough; or
Boarding house dwellers.
3.
Charged with an eligible offence, namely:

An offence that is to be dealt with summarily (by
right or election);

Which arises from circumstances which have an aspect of ‘public
order’ (including ‘procedural’ offences such as fail to appear, breach
bail etc in respect of another eligible offence) for example public
nuisance, begging, public drunkenness, trespass, wilful exposure
under Summary Offences Act 2005 , wilful damage, possession of a
knife in a public place, failure to properly dispose of a syringe,
obstruct or assault police in the course of performance of duties under
Police Powers and Responsibilities Act 2000, failure to follow a
police direction, offences against the Regulatory Offences Act 1989
and the Liquor Act 1992.
Disqualifying offences are:



Those of a sexual nature (other than prostitution);
More serious offences of personal violence; and
Drug offences for which the offender is eligible for other diversion.
A person is not otherwise automatically
disqualified because of:


Previous convictions for like offences; or
Previous participation in the Homeless Persons
Court Diversion Program (the program).
4.
5.
The person agrees to be assessed for, and
participate in the program (which consent
can be withdrawn at any stage).
The charge is not the subject of contest,
whether indicated through a plea of guilty or
otherwise.