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Tutorial Presentation/ Briefing Report CRIM2032

New South Wales Law Reform Commission, Discussion 29, People with an Intellectual Disability and the CJS
by

Rebecca Jefferys

on 25 September 2012

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Transcript of Tutorial Presentation/ Briefing Report CRIM2032

By Evett Baranov,
Rebecca Jefferys, &
Lisette Carter New South Wales Law Reform Commission, Discussion 29, People with an Intellectual Disability and the Criminal Justice System; Policing Issues. September 1993 Contents:
Evett Baranov:
Aim of Discussion Paper.
Current Legislation regarding Police Discretion
Diversion and CJS

Rebecca Jefferys
Options for Police:
Admission Centres
Admission to a Hospital
Programs for Juvenile offenders
Contract based Diversionary Systems.

Lisette Carter:
Options for Police continued:
Community Justice Centres
Conclusion: Diversion, Good or bad? Do you think that diversion is an effective mechanism in protecting people with complex needs within the CJS? if so why? why not? Options for police: Admission Centres Options for Police: Policing Powers and Admission to Hospital. Benefits:
Less Delay.
Low Cost.
An informal Setting. Community Justice Centres: Family Group Conferences. Programs for Juvenile Offenders: The meaning of diversion to the intellectual disabled Current practises regarding diversion in the criminal justice system (courts) Policing and their influence on diversionProblems with police diversion- New responsibility, lack of resources, disparity with discretion among policemen. Diversion and the criminal justice system Under the Mental Health Act 2007 (NSW) (“the MHA”), a police officer may apprehend a person who appears to be mentally ill or mentally disturbed and take them to a declared mental health facility if the officer has reasonable ground to believe that:the person is committing, or has recently committed, an offence, or that the person has recently attempted, or will probably attempt to kill or harm him or herself, or another person; andit would be beneficial to the person’s welfare to be dealt with in accordance with the MHA rather than under the criminal law.1 Current legislation regarding police discretion Should Police be taking the added responsibility of identifying those who come into contact with the law with intellectual disabilities? Discussion: Whether, and to what extent, the intellectually disabled should be diverted from the criminal justice system, including consideration of the custodial and non custodial alternatives to the sentencing and detention of the intellectually disabled Aim of discussion paper: Diversion and Policing: What next? Conclusion: Against:
NSW Council of Admission for Intellectual Disability.
The Queensland department of Family Services and Aboriginal and Island Affairs.
For:
Victorian Police Police have limiting powers when it comes to admitting someone to hospital under psychiatric care Contract based-diversion: Cooperative contracting How can we improve these programs?
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