Innovative Courts, Programs and Technology Annual Report 2006—2007 89 Homeless Pilot Program

Innovative courts, programs and technology Annual Report 2006—2007 89 Homeless Pilot Program Homeless Persons Court Liaison Officer, Mr Philip Macey assesses defendant’s eligibility following referral to Brisbane’s Homeless Persons Court Diversion Program The Homeless Persons Court Diversion Management consultants have been Program (HPCDP) and Special Circumstances appointed to evaluate the HPCDP to assess List (SCL) continued to operate throughout its effectiveness and its requirements for the the period 1 July 2006 to 30 June 2007. An future. Because of the overlap between this outline of these justice initiatives can be read program and the SRL, this evaluation will in the Court Overview at page 54. also be relevant to the SCL. The evaluation will conclude in November 2007. Both projects have now developed protocols and practices for referral to the respective court lists as well as management through the lists to finalisation or removal from the list. They receive the support and advice from three groups—a Steering Committee, a Stakeholder’s Reference Group and a Client Reference Group. 90 Magistrates Courts of Queensland Homeless Persons Court The main sources of referral have been from Diversion Program Pilot defendants themselves, non-government and government service organisations, The program operates each week day at magistrates presiding in other courts, Brisbane’s arrest courts at 240 Roma Street. private legal firms, Legal Aid Queensland, The objectives of this program are to: prosecutors and officers (including • improve the delivery of services by the watchhouse staff) from the Queensland court to homeless people charged with Police Service, Duty Solicitors attending public space and other minor offences; court and other specialist court services such as Forensic Mental Health, Drug Diversion • improve coordination of service Programs and Probation services. responses to homeless people charged with public space and other minor Since February 2007, the Court Liaison offences; Officer for the program (Mr Macey) has been • enable more effective disposition of located in a purpose built office at the arrest these matters, including a reduction courts. in the number of fines and the risk of imprisonment through negotiation A database has been developed to support of such fines with the State Penalties the program and provide information Enforcement Registry. relevant for evaluation of the pilot. In May 2007, a full-time administrative support This is generally achieved through admitting worker was employed to support the the defendants to special bail programs, program and maintain the database. recognisances to be of good behaviour or community based orders. This program is Funding for the pilot project has been also prescribed for the purpose of the Bail provided by JAG through the State Act 1980. Government’s 2005 initiative: Responding to Homelessness. JAG anticipates that this The pilot program has been operating for funding can continue until June 2008. 13 months. During this period referrals have steadily increased. As at 30 June 2007, the Court received 416 referrals on the basis of homelessness. 264 of these defendants were assessed and 142 of them were determined as suitable for support and diversion from the mainstream criminal justice system. The attrition between the number referred and the number assessed (152) is mostly attributable to the referred defendants not presenting for assessment at the court or their self selecting out of the program once it has been explained to them by the Court Liaison Officer. Annual Report 2006—2007 91 Special Circumstances List The operation of the Special Circumstances List pilot relies on personnel from government and non-government organisations who attend court sessions to provide ‘same day support’ to the Court and defendants through immediate assessment and identification of case management options. Magistrate Roney (left) conferring with (L-R) Mr H Jones,solicitor ATILS; Ms V Brewer, Qld Corrective Services officer; Mr P Macey, Court Liaison Officer; Ms M Bowers, Hart 4000 (a service provider for homeless people). From 4 May 2006, the Brisbane Magistrates • the defendant appears to suffer from Court included the operation of a Special impaired decision-making capacity, Circumstances List in its criminal jurisdiction either as a result of mental health issues as part of the HPCDP. The Court considers (including where drug and alcohol matters referred to the List each Thursday induced), intellectual disability, or brain/ in Arrest Court 3 before Magistrate Roney. neurological disorders. Although this initiative has no funding outside the court’s current budget, it has used As at 30 June 2007, 187 defendants had the services and resources of the HPCDP. been referred to the List. Of these, 132 were added to the List as a result of being assessed Eligibility criteria for referral to the SCL as suitable for support and diversion from include the following circumstances: the mainstream criminal justice system • a relatively minor charge typically and the remaining 55 were referred to involving public order issues the Special Circumstances List without a formal assessment being undertaken. This • a plea of guilty occurred in most instances due to insufficient • the defendant was homeless, as defined resources being available to complete the by the criteria, at the time of commission assessment or as a result of the referred of the offence or at the time of the court defendants self selecting out of the program appearance before an assessment could be undertaken. 92 Magistrates Courts of Queensland While the List remains a pilot, the Officers from government and non- supervising Court accepts a maximum of government organisations regularly attend five new referrals each week. Most referrals to provide ‘same day support’ to the are made by other magistrates, members Court and defendants through immediate of the Queensland Police Service, legal assessment and identification of case practitioners and out-reach workers from management options. These organisations non-government services. On occasions, include: defendants being case-managed on the List • Brisbane Youth Services have accompanied friends to the Court to • City Community Health Centre (BIALA) surrender on warrants and be dealt with by reference to the SCL. • Homeless Health Outreach Team (HHOT) • Peel Street Clinic The nature and quality of the outcomes • Sisters Inside delivered to those who are sentenced through the Special Circumstances List • Salvation Army. is being evaluated as part of the HPCDP The nature of the assistance required centres evaluation which will be completed in around accommodation, health or drug use November this year. issues, and usually a combination of all these. The List is supported by the Court Liaison Defendants are assessed for SCL eligibility Officer for HPCDP and it receives the co- by the HPCDP Court Liaison Officer. This operation and support of Queensland’s may occur before their referral or on their Police Prosecutions and Community first appearance at the Court presiding Corrections Services, as well as legal over the SCL. The assessment process may practitioners from the Brisbane office of conclude on the day of first appearance but, Legal Aid Queensland. if further time is required, the matter will be A regular group of volunteer law students adjourned to allow for on-going assessment. attend court each Thursday. They help This assessment will also include a review with the reception and management of of diversion pathways provided by other defendants before their court appearances government and non-government agencies, and work under the guidance of the Court many of which provide a representative to Liaison Officer. Members of the HPCDP the court. These agencies include Jobcare, Client Reference Group—people who have HHOT and agencies that support homeless had a ‘lived experience’ and improved their people such as HART4000 and Brisbane own situations—attend court to provide Homeless Service Centre. emotional support to SCL defendants. During the period between court appearances, the HPCDP Court Liaison Officer endeavours to keep in contact with the defendants and their carers or family to support the SCL process. Annual Report 2006—2007 93 Speical Circumstances List continued At further reviews of each matter, the Court Successful participants have taken positive gains a more complete understanding of steps to address the circumstances that the defendant’s circumstances and, with brought them to court and some of these the assistance of professional assessments, steps include: the underlying causes of the defendant’s • undertaking drug and alcohol programs offending behaviour come to light and • completing self-assessment and lifestyle medical treatment or suitable programs can programs be offered to the defendant to address the behavioural problems. • re-engaging with mental health services • re-commencing medication The court considers these options in • securing accommodation or help to consultation with the defendant, the obtain accommodation services rather defendant’s legal representative, the than remaining homeless on the street, prosecutor, and other professional people and supporting the defendant. The outcome of this process usually leads to the • in some cases, securing employment or establishment of a management plan in training. conjunction with the sentence imposed. In January 2007, Magistrate Roney and Defendants may also be released on a Mr

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