Special Circumstances Court Project UQ

Welcome to the Special Circumstances Court Diversion ProgramMagistrates Court - criminal : 

Welcome to the Special Circumstances Court Diversion ProgramMagistrates Court - criminal

What is the courts key role? : 

What is the courts key role? The Special Circumstances Court is located at the Brisbane Magistrate's Court and it's key role in the judicial system is to provide bail and sentencing options for those who are homeless or suffer impaired judgment. Offenders are placed in support services in order to address the causes of their behaviour. By addressing the issues that contribute to the offenses significant changes can be made. Queensland Government. (2010). Special Circumstances Court Diversion Program. Retrieved from: http://www.courts.qld.gov.au/4852.htm

Where is the court? : 

Where is the court? Location of service:Level 5 Brisbane Magistrates Court363 George StreetBrisbane  Qld  4000 Telephone: 07 3109 9163 Facsimile: 07 3236 0868 Email: HPCDP@justice.qld.gov.au The Special Circumstances Court List operates on Wednesday, Thursday and Friday Queensland Government. (2010). Location of Service. Retrieved from: http://www.courts.qld.gov.au/5269.htm

What does this ‘therapeutic’ court look like? : 

What does this ‘therapeutic’ court look like? The tribunal building is a wooden room with deep red carpet. The tribunal sits on one side of the room facing the judge who faces everyone. Defendants and voyeurs are located closest to the door in rows behind a wooden barrier. The participants are identified only due to the seating arrangements. In this court no official or assuming uniforms are worn- there are no suits and the judge does not wear a wig.

Why is it referred to as a therapeutic court? : 

Why is it referred to as a therapeutic court? In the special circumstances court, everyone is seen as equal and the court becomes more approachable. This is extremely important when considering the dynamics of homeless or vulnerable offenders. The power balance levels out due to the symbolic idea that both the defendants and tribunal have equal status and opportunity to control their physical appearance.

Key Purpose, Powers and Characteristics of the Court : 

Key Purpose, Powers and Characteristics of the Court The court hears cases, referred by other magistrates courts or court liaison officers, that involve persons charged with relatively minor offences and where they are judged to have ‘special circumstances’.- impaired decision making capacity - homelessness - the presence of mental illness - substance abuse issues. Queensland Government. (2010). Common questions. Retrieved from:http://www.courts.qld.gov.au/5259.htm

Key Purpose of the Court : 

Key Purpose of the Court provide bail and sentencing options which place offenders with support services to help them deal with the cause(s) of their behaviour - accommodation - homelessness - health - drug and alcohol dependence Queensland Government. (2010). Common questions. Retrieved from: http://www.courts.qld.gov.au/5259.htm

Key Purpose of the Court : 

Key Purpose of the Court The Program came about through the Magistrates Courts’ involvement with a Legal Aid Queensland program to represent homeless defendants who appeared before the Brisbane Arrest Courts for street and public order offences. - Because of the obvious special needs of many homeless people, the court made plans to initiate a weekly sitting at the Arrest Courts, to deal with homeless defendants who had impaired decision-making capacity. The program aims to prevent further entrenchment of homeless people in a cycle of offending and punishment which results in increasing numbers of fines and the risk of imprisonment. Irwim, M. (2008). QLS criminal law seminar: summarising court alternatives. Retrieved from http://archive.sclqld.org.au/judgepub/2008/irwin090908.pdf

Key Characteristics : 

Key Characteristics It is based on a multi-disciplinary problem-solving approach and fosters partnerships with those who provide relevant services, such as accommodation and mental health and welfare support, to homeless people in inner-city Brisbane. Irwim, M. (2008). QLS criminal law seminar: summarising court alternatives. Retrieved from http://archive.sclqld.org.au/judgepub/2008/irwin090908.pdf

Key Powers of Court : 

Key Powers of Court Identifies defendants charged with offences of public order violations who meet the classification of “homeless” and who can be dealt with instantly to divert them from the mainstream criminal justice system through means such as special bail programs, recognision of good behaviour, and community-based orders.- Engages with these defendants to assist the court in makingsuitable assessment and referrals to public and private health, housing and social service resources to help the offender in identifying and addressing problems that lead to their offending.- Each case is managed by the presiding magistrate over a series of court adjournments until positive steps have been taken to help the defendant address the offending behaviour. Irwim, M. (2008). QLS criminal law seminar: summarising court alternatives. Retrieved from http://archive.sclqld.org.au/judgepub/2008/irwin090908.pdf

How to become involved with this court : 

How to become involved with this court To participate in the program, offenders may be referred by a magistrate, duty lawyer, police, community organisation, Legal Aid Queensland or another legal service and by self referral. People who are referred to the program must agree to be assessed by a court liaison officer at the Brisbane Magistrates Court. This assessment confirms the offender’s eligibility and identifies appropriate support services in the community. Irwim, M. (2008). QLS criminal law seminar: summarising court alternatives. Retrieved from http://archive.sclqld.org.au/judgepub/2008/irwin090908.pdf

: 

Offenders are eligible for the Special Circumstances Court Diversion Program if they: are homeless or at risk of being homeless have impaired decision making capacity as a result of: mental health issues (including those that are drug and alcohol induced) an intellectual disability brain and neurological disorders plead guilty or do not contest the charges appear before the court on an eligible offence attend the Brisbane Magistrates Court at 240 Roma Street, Brisbane Offenders who have previously participated in the program may still be eligible. Eligible offences include: public order offences or related policing offences procedural offences such as failing to appear in court or breaching bail some property offences such as shoplifting and stealing. There are restrictions on who may attend this court. The eligibility criteria are as follows: Queensland Government. 2010. Eligibility Criteria. Retrieved from: http://www.courts.qld.gov.au/5263.htm

Support Services : 

Support Services Legal-AidFace-to-face legal advice? Legal Aid Queensland44 Herschel Street, Brisbane Qld 4000 Telephone legal advice? Legal Aid Queensland 1300 65 11 88 (cost is a standard local call) Housing assistance?Brisbane Homeless Service Centre62 Peel StreetSouth Brisbane QLD 4101(07) 3036444 Queensland Government. (2010). Useful Agencies. Retrieved from: http://www.courts.qld.gov.au/5272.htm

Support Services : 

Support Services Court support and services for youths? Brisbane Youth Service78 Berwick StreetFortitude Valley QLD 400607 3252 3750admin@brisyouth.org Support Services for Women? Sisters Inside Level 2, 53 Tribune StreetSouth Brisbane QLD 4101 (07) 3844 5066      Micah Projects http://www.micah.merivale.org.au/ Queensland Government. (2010). Useful Agencies. Retrieved from: http://www.courts.qld.gov.au/5272.htm

Where is this information available? : 

Where is this information available? The information in this movie is available from the services mentioned above on DVD, as well as on YouTube for easy accessibility. This can be found on YouTube under:Special Circumstances Court Project UQThis presentation was proudly brought to you by Sarah Donovan, Madeline Smith, Kyra Worden and Katie Bassett.

References : 

References Irwim, M. (2008). QLS criminal law seminar: summarising court alternatives. Retrieved from http://archive.sclqld.org.au/judgepub/2008/irwin090908.pdf Queensland Government. (2010). Common questions. Retrieved from: http://www.courts.qld.gov.au/5259.htm Queensland Government. 2010. Eligibility Criteria. Retrieved from: http://www.courts.qld.gov.au/5263.htm Queensland Government. (2010). Location of Service. Retrieved from: http://www.courts.qld.gov.au/5269.htm Queensland Government. (2010). Special Circumstances Court Diversion Program. Retrieved from: http://www.courts.qld.gov.au/4852.htm Queensland Government. (2010). Useful Agencies. Retrieved from: http://www.courts.qld.gov.au/5272.htm