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 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. The person agrees to be assessed for, and participate in the program (which consent can be withdrawn at any stage). 6. The charge is not the subject of contest, whether indicated through a plea of guilty or otherwise. 7. 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 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. The person agrees to be assessed for, and participate in the program (which consent can be withdrawn at any stage). 5. The charge is not the subject of contest, whether indicated through a plea of guilty or otherwise.