Intervention and Diversionary Programs

The court retains broad discretion to assess an offender’s suitability for alternative sentencing options. In doing so, it may consider:

• the offender’s capacity and prospects for rehabilitation, including the opportunity to demonstrate that rehabilitation has occurred; and
• the offender’s capacity and suitability to participate in an intervention program, and the opportunity for such participation to take place.

Pursuant to section 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court may defer sentencing to allow participation in an intervention program if satisfied that such participation would likely reduce the risk of reoffending by promoting the offender’s treatment or rehabilitation.

The Criminal Procedure Act 1986 (NSW) provides the legislative framework for the recognition and operation of intervention programs, such as structured alternatives to traditional sentencing aimed at reducing recidivism. These programs are designed to address underlying causes of offending behaviour and facilitate rehabilitation.

Regulations under the Act may specify approved intervention programs. To date, these include:

• the Circle Sentencing Program, designed for Aboriginal offenders;
• the Forum Sentencing Program, focused on restorative justice principles; and
• the Traffic Offender Intervention Program, targeting traffic-related offending behaviour.

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Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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