Within the Western Australia criminal justice system there are a number of diversionary programs available to accused persons in the Perth Magistrates Court. A diversionary program is a pre-sentencing program which an accused person may engage with in order to address the factors which contributed to their offending. Engagement with these programs can assist as a factor of mitigation when it comes to the sentencing of an individual. These programs are often suitable for first time offenders, those with substance addiction or mental health issues and those who are relatively new to the criminal justice system.

The program focuses on supporting a person in addressing the reasons they find themselves before the court and addresses such issues as substance misuse, addiction and mental health challenges. Ultimately, these programs aim to support participants in improving the behaviours that may have led to their offending by providing support at an early stage.

The two diversionary programs most commonly accessed by our clients are Drug Court and Start Court.

Drug Court

Drug Court is a diversionary program available in the Perth Magistrates Court which “aims to break the cycle of substance misuse and offending by facilitating treatment programs for people with significant drug problems” – (Magistrates Court website). The Drug Court program enforces strict rules and requirements for those within the program to abide by to help promote effective long term change. This can include regular attendance at court, regular attendance at meetings with court personnel and counsellors and random urinalysis. Drug court can be accessed by a wide range of offenders for a broad range of offences and is not limited only to drug offences.

Start Court 

Start Court is a diversionary program available in the Perth Magistrates Court to individuals with a diagnosed mental condition who have entered pleas of guilty to the charges against them. This program aims to provide support to those within the program by helping them address the underlying mental health issues which may have contributed to their offending behaviour. Participants are encouraged to engage with appropriate mental health specialists throughout the program and services dealing with the treatment of substance addiction are also accessible within Start Court. Should a participant successfully complete Start Court, this may be taken into account as a factor of mitigation in sentencing.

Where appropriate, an accused person may make an application to either of the programs for assessment. Upon attending hearings to determine an individual’s suitability for either program, the presiding magistrate will either grant or deny acceptance into the program. The requirements of these diversionary programs are typically very strict and place an emphasis on the participant taking responsibility for themselves and their offending behaviour.

– Luke, Lawyer at SR Criminal Lawyers

Find out more about the broad range of offences we can help you with