Diversion Down Under - Programs for Offenders with Mental Illnesses in Australia

International Journal of Law and Psychiatry, Vol. 33, pp. 249-257, 2010

Monash University Faculty of Law Legal Studies Research Paper No. 62

10 Pages Posted: 8 Dec 2011 Last revised: 20 Dec 2011

See all articles by Elizabeth Richardson

Elizabeth Richardson

Monash University - Faculty of Law

Bernadette M. McSherry

Melbourne Social Equity Institute; Melbourne Law School

Date Written: 2010

Abstract

This article provides an overview of mental health courts and diversion programs operating for offenders with mental illnesses in Australia. Methods of diversion that have been established in Australia include Magistrates courts diversion programs, psychiatric court liaison services and legislative powers of diversion. Some of the problems associated with diversionary options are discussed and recommendations for reform made. It is argued that no matter what form diversionary programs take, detailed consideration must be given to how the court or program will be evaluated and that sufficient funding be allocated for ongoing evaluation.

Keywords: mental health, diversion, Magistrates, psychiatric court liaison, funding, criminal justice, offenders

JEL Classification: K00, K30, K10, K19, K32, K49, K14

Suggested Citation

Richardson, Elizabeth and McSherry, Bernadette M., Diversion Down Under - Programs for Offenders with Mental Illnesses in Australia (2010). International Journal of Law and Psychiatry, Vol. 33, pp. 249-257, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 62, Available at SSRN: https://ssrn.com/abstract=1969171

Elizabeth Richardson

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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