The Law Handbook 2024

808 Section 8: Disability, mental illness and the law for some people, particularly those who intend to plead not guilty, and also people who do not want to engage with treatment and support services. Eligibility criteria A case may be heard in ARC if: • the accused is charged with a criminal offence that is not a violent offence, serious violence offence or serious sexual offence (see sch 1, cls 1, 2, 3 Sentencing Act 1991 (Vic)) – eligible offences include recklessly causing serious injury, making threats to kill, and indecent assault; • the accused has, or is likely to have: – a mental illness, – an intellectual disability, – an acquired brain injury, – autism spectrum disorder, – a neurological impairment, including but not limited to dementia; • the disorder causes a substantially reduced capacity in at least one of the areas of self-care, self- management, social interaction or communication; • the accused would benefit from receiving coordinated services in accordance with an individual support plan ( ISP ) and/or participating in a problem-solving court process; • the accused must consent to participate in ARC, including attending court regularly and meeting with ARC staff. Magistrates who preside over the ARC decide who will be accepted to participate. Referrals to ARC Referrals are accepted from the accused, their significant others, community service organisations, magistrates, police officers, prosecutors, lawyers and other court-based support services. Referral forms are available from the ARC registry. ARC process Once a referral is made, the process includes: • an initial assessment; • determination of the next available court date; • a comprehensive clinical assessment; • at the next ARC sitting, the magistrate decides whether the participant is accepted into ARC; • if accepted, the ARC clinical advisor (in collaboration with the participant and CISP staff) develops a draft ISP for the magistrate’s approval; • regular appearances before the magistrate to discuss progress; • at the end of their participation in ARC, if the participant pleads guilty, they will be sentenced within ARC; • if the participant pleads not guilty, the case is returned to the ‘mainstream’ court for a contested hearing; • involvement with ARC for 3–12 months, however most are discharged within six months; • if the referral is refused, the offender’s charges are referred back to the mainstream court lists. Where appropriate, CISP staff continue to provide necessary support to the accused or, where connected with services, refer the accused back to relevant treatment and support services. Assessment and Referral Court (ARC) Web: www.mcv.vic.gov.au/about-us/assessment-and- referral-court-arc Drug Court The Drug Court of Victoria is located at the Ballarat, Dandenong, Melbourne and Shepparton Magistrates’ Courts. The Drug Court undertakes the sentencing and supervision of the treatment of offenders with a drug and/or alcohol dependency. The goal of the court is to establish a unique program to reintegrate offenders into the community. The Drug Court imposes a supervised two-year drug treatment order on participants, comprising two parts: a custodial part, and a treatment and supervision part. The custodial component is held in abeyance (i.e. it is suspended), pending treatment and supervision of the offender. The treatment and supervision involves a system of rewards and sanctions, designed to encourage positive, pro-social behaviour and the rehabilitation of the participant. Drug Court – Ballarat Magistrates’ Court 100 Grenville Street South, Ballarat Central Vic 3350 Tel: 7003 4113 Email: drugcourtballarat@courts.vic.gov.au Drug Court – Dandenong Magistrates’ Court 35 Pultney Street, Dandenong Vic 3175 Tel: 9767 1344 Email: drugcourtdandenong@courts.vic.gov.au Web: www.mcv.vic.gov.au/about_us/drug-court