CRIMINAL JUSTICE DIVERSION PROGRAM DISCUSSION PAPER

BIBLIOGRAPHY

This discussion paper has been produced by the Springvale Monash Legal Service Inc and printed with financial assistance from the Danks Trust. This discussion paper has been prepared to encourage discussion of, and research into, the Criminal Justice Diversion Program and related concepts within the framework of therapeutic jurisprudence. We hope to promote the many benefits of this program to the legal fraternity and wider community.

SURVEY RESPONSES

Title: Criminal Justice Diversion Program - Discussion Paper

Police Police Police Police Police Police

Diversion Coordinators Diversion Diversion Diversion Diversion

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September 2005 September 2005 September 2005 received 29 September 2005

Police Officers

Author: Springvale Monash Legal Service Inc. Artwork: Chris Maplestone © Springvale Monash Legal Service Inc. 2006

Officer 1 – September 2005 Officer 2 – September 2005 Officer 3 – September 2005 Officer 4 – received 8 September 2005 Officer 5 – received 8 September 2005 Station Responses – received 28 September 2005

Lawyers

This material is copyright. It may be reproduced for legitimate educational or review purposes; copying for other purposes must be authorised by express permission of Springvale Monash Legal Service Inc. Consultations Prepared by: conducted by:

Coordinator Coordinator Coordinator Coordinator

Lawyer 1 – October 2005 Lawyer 2 – October 2005 Lawyer 3 – October 2005 Lawyer 4 – September 2005 Lawyer 5 – September 2005 Lawyer 6 – received 3 October 2005 Lawyer 7 – received 8 September 2005 Lawyer 8 – received 3 October 2005 Lawyer 9 – received 14 November 2005 Law Institute of Victoria – received 25 October 2005

Coordinated by:

Nadege Todorov Dave Taylor Juliet Sironi Adel Mohamed David Brett Priscilla Chan Angela Liaskos Anna Vuong Adam Zammit

Magistrates Magistrate Magistrate Magistrate Magistrate

Samala Nancarrow Kristin Shergold Nicole Wilson A Community Development Group Project of Springvale Monash Legal Service Inc. For more information contact: Dave Taylor Community Development Worker Springvale Monash Legal Service Inc. 5 Osborne Avenue Springvale VIC 3171 p 03 9562 3144 e [email protected] w www.smls.com.au

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CRIMINAL JUSTICE DIVERSION PROGRAM FOREWORD

BIBLIOGRAPHY

REPORTS, GOVERNMENT AND SUNDRY MATERIALS

Each month about 500 people enter into the Criminal Justice Diversion Program. Over the past year, nearly 6000 offenders have participated in this program, or nearly 9% of all offenders who were sentenced in the Magistrates’ Court. This new option has become a major feature of Victoria’s dispositional landscape and for that reason, it is important that it be examined and critically evaluated.

Court Services Department of Justice Court Diversion Program Evaluation Final Report (2005) Vol. 1 Court Services Department of Justice Court Diversion Program Evaluation Final Report (2005) Vol. 2 Criminal Justice Enhancement Program, Parallel Programs in Magistrates’ Courts Project Status Report, (1999) Guide to Court Support Services (2005) Magistrates Court of Victoria, www.magistratescourt.vic,gov.au as at 12 July 2006

This report, undertaken by penultimate and final year law students in the Faculty of Law at Monash University who

Sentencing Advisory Council, Magistrates’ Court (2006) http://www.sentencingcouncil.vic.gov.au/CA256F82000D281D/page/Sentencing+Monitoring-Sentencing+OutcomesMagistrates%27+Court?OpenDocument&1=90-Sentencing+Monitoring~&2=20-Sentencing+Outcomes~&3=20Magistrates%27+Court~ as at 7 July 2006

are enrolled in the Faculty’s clinical, or Professional subject at the Springvale Monash Legal Service, is an excellent example of how law students can  engage with their community and make a contribution to the development of the law and legal practice. As well as providing students with research and writing skills, it also develops the important personal skills of project management, teamwork and the ability to interview and engage with a wide range of participants in the criminal justice system outside the context of a court.

Sentencing Advisory Council, Online Sentencing Monitoring http://www.sentencingcouncil.vic.gov.au/CA256F82000D281D/page/Sentencing+Monitoring?OpenDocument&1=90-Sent encing+Monitoring~&2=~&3=~ as at 14 Dec 2005 Springvale Monash Legal Service (SMLS), Diversion Reference Paper (2005) Telephone interview with Stan Winford, Solicitor, Fitzroy Legal Service, 17 July 2006 Turning Point Drug and Alcohol Centre, Court Diversion Program Evaluation, (2005) Criminal Justice Enhancement Program, Parallel Programs in Magistrates’ Court Project, Status Report (August 1999),

The report paints the program in a generally positive light, but indicates more research needs to be undertaken about the operation of the program and its outcomes. It also reveals some potential legal problems for participants. This is not surprising for a relatively new program and if the report results in its enhancement, in assisting offenders and reducing crime in Victoria, then it will have been a very successful enterprise indeed.

Victoria, Second Reading Speech, 1 May 2003, Rob Hulls Victoria Police, Magistrates Court Diversion Program, faxed 28 September 2005 Natural Justice and Procedural Fairness (2001) Victoria University http://www.vu.edu.au/library/pdf/natural%20justice%2015%20OCT%202001.pdf as at 16 July 2006

I commend the Springvale Monash Legal Service and the students for conceiving and executing this important project.

Arie Freiberg Dean, Faculty of Law Chair, Sentencing Advisory Council, Victoria

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CRIMINAL JUSTICE DIVERSION PROGRAM 6. BIBLIOGRAPHY

CRIMINAL JUSTICE DIVERSION PROGRAM CONTENTS

JOURNAL ARTICLES

TABLE OF CONTENTS Executive summary and summary of findings

Arie Frieberg, Pathways to Justice Sentencing Review (2002) ................ .....

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1. Introduction .............................. ..... Duplication with police cautioning Effect of enabling legislation – Magistrates’ Court Act Referrals to diversion Other “diversionary” programs “Diversion” classification difficulties Diversion as a sentencing substitute Diversion and therapeutic jurisprudence Further research suggestions Conclusion

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2. Methodology

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Arie Freiberg, ‘Problem-Oriented Courts: Innovative Solutions to Intractable Problems’, (2001) Journal of Judicial Administration 11(1) 7-27 Arie Freiberg, ‘Problem-Oriented Courts: An Update’, (May 2005) 14 Journal of Judicial Administration 214 Arie Frieberg and Neil Morgan, ‘Between bail and sentence: the conflation of dispositional options’ (2004) 15 Current Issues in Criminal Justice 3 Beth Midgley, ‘Achieving just outcomes for homeless people through the court process’ (2005) 15 Journal of Judicial Administration 82 Samantha Jefferies, ‘Transforming the criminal courts: Politics, Managerialism, Consumerism, Therapeutic Jurisprudence and Change’ (2002) Scoping Paper M King & J Wagner, ‘Therapeutic Jurisprudence and Problem-solving Judicial Case Management’, Journal of Judicial Administration (August 2005) 28-36 15.1 Heather Strang, Restorative Justice Programs in Australia, (2001), Australian Institute of Criminology,