of the Court, no plea is to be taken and the Court
must discharge the accused without any finding of
guilt.
to a later charge for the same offence or a similar
offence arising out of the same circumstances.
on diversion are "least likely to reoffend and
refrain from reoffending the longest, while those
sentenced to a term of imprisonment are most
likely to offend and will return to offending most
quickly".
being targeted towards first-time offenders for
relatively low-level offences, it also shows that
diversion does meet the policy aim of orientating
people away from the criminal justice system.
Unfortunately, however, Koori women are unlikely
to be referred to the Court for diversion.
the cycle of offending before it even starts.
from various prosecuting agencies. The highest
number of referrals were male. During this time,
54 accused identified as Koori during the diversion
interview process. That is less than one per cent of
all referrals.
Program for Koori women
play as the `gatekeepers' of those eligible for
diversion may be problematic.
at low-risk, first-time offenders.
due to their complex needs may be considered to
be high-risk.
fact of participation in the diversion program is not to
be treated as a finding of guilt except for the purposes
of certain offences under the Confiscation Act 1997
(Vic), Control of Weapons Act 1990 (Vic), Firearms Act
1996 (Vic), and Part 4 of the Sentencing Act 1991 (Vic),
Criminal Procedure Act 2009 (Vic) s 59(4)(c).
State of Victoria, Sentencing Advisory Council,
Reoffending Following Sentencing in the Magistrates
Court of Victoria (2013) 29.
Key informant interview, Magistrates' Court of Victoria, 3
March 2013.
Magistrates' Court of Victoria, `Annual Report', above n
11, 98.
Key informant interview, Magistrates' Court of Victoria, 3
March 2013.
See, Troy Allard et al, `Diversion of Young Offenders',
above n 194,1.
prisoners at Dame Phyllis Frost Centre indicate
that when Koori women come into contact with the
police they are at their most vulnerable and may
well be in a state of chaos. Many are quite young.
issues at this point, police may struggle to deal
with Koori women adequately, reducing the
likelihood of being considered for diversion.
work may also create a barrier for Koori women if
available placements are not gender and culturally
appropriate, or locally available. They may also
struggle to complete work placements when they
have caring responsibilities.
prosecutors to refuse consent for diversion even
if the court considers diversion a viable option.
Although one solution would be to remove the
requirement for the prosecution's consent to a
diversion order by repealing section 59(2)(c) of
the Criminal Procedure Act, the Commission at this
stage recommends that Victoria Police review its
approach to consenting to an offender entering
the program and provide further information and
training to its prosecutors if required.
and services at the pre-sentence stage. The
program aims to:
Melbourne, Sunshine and Latrobe Valley
Magistrates' Courts. The only Koori Court that
has a CISP is the Latrobe Valley Koori Court.
provide assistance in the following areas:
This is supported by data from the Sentencing Advisory
Council, which shows almost 70 per cent of female
adult Koori offenders are between the ages of 18 and
34. State of Victoria, Sentencing Advisory Council,
`Comparing Sentencing Outcomes', above n 49, 32.
Magistrates' Court of Victoria, Court Integrated
Services Program (CISP). <http://www.
magistratescourt.vic.gov.au/jurisdictions/specialist-
jurisdictions/court-support-services/court-integrated-
services-program-cisp> at 5 June 2013.
Magistrates Court of Victoria, `Integrated Services
Program Discussion Paper, above n 10, 2.