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4S Assessment and Referral Court List

(1)An Assessment and Referral Court List is established.

(2)Subject to subsection (3), the Assessment and Referral Court List consists of any criminal proceeding referred to that List by the Court.

(3)The Court must not refer a criminal proceeding to the Assessment and Referral Court List unless—

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(b)the accused meets the eligibility criteria specified in section 4T; and

(c)the accused consents to the proceeding being dealt with in the Assessment and Referral Court List; and

(d)the proceeding is at a venue of the Court where the Assessment and Referral Court List operates; and

(e)it appears to the Court that, in all the circumstances, it is appropriate for the proceeding to be dealt with in the Assessment and Referral Court List.

(3A)For the purposes of determining whether an accused meets the eligibility criteria specified in section 4T, the Court, so far as is practicable, must have regard to any assessment undertaken by a person with appropriate clinical qualifications and experience in relation to the particular impairment or principal impairment that the accused may have.

S. 4S(3A) inserted by No. 23/2012 s. 7(1).

(4)Despite anything to the contrary in this Act, the Assessment and Referral Court List may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette.

(5)The operation and administration of the Assessment and Referral Court List is at the direction of the Chief Magistrate.

(6)The Chief Magistrate, under section 16A, may issue practice directions, statements or notes for the Court in relation to the Assessment and Referral Court List.

(6A)Without limiting subsection (6), the Chief Magistrate, in exercising the powers under that subsection and having regard to the needs or requirements of persons with different types of impairments, may provide for—

S. 4S(6A) inserted by No. 23/2012 s. 7(2).

(a)separate hearing lists within the List; and

S. 4S(3)(a) repealed by No. 68/2013 s. 4.

(b)other arrangements to deal with needs or requirements in relation to different types of impairment.

(7)Nothing in this section takes away from, or limits, a discretion or power conferred on the Chief Magistrate by or under this Act.

(8)Nothing in this section or sections 4T to 4Y affects the operation or application of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(9)A report under section 15(3) must include the following information about the Assessment and Referral Court List—

S. 4S(9) inserted by No. 23/2012 s. 7(3).

(a)the source of referral of a proceeding to the List;

(b)the number of persons in each diagnostic criteria who were the subject of a criminal proceeding;

(c)the number of persons who were removed from the Assessment and Referral Court List and the reasons for the removal;

(d)the number of persons who did not complete an individual support plan;

(e)the outcomes of proceedings referred to the Assessment and Referral Court List, including—

(i)the number of accused discharged in accordance with section 4U or 4Y;

(ii)the number of referrals to the Assessment and Referral Court List;

(iii)the number of accused accepted onto the Assessment and Referral Court List;

(iv)the number of proceedings finalised on the Assessment and Referral Court List;

(v)the number of proceedings transferred out of the Assessment and Referral Court List in accordance with section 4X(2);

(f)a summary report of how the Assessment and Referral Court List has functioned, including an assessment, if practicable, of the extent to which the Assessment and Referral Court List reduced re-offending.