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In NSW Local Courts, defendants with a mental health impairment or a cognitive impairment may be diverted into treatment. The current study aimed to understand the factors that influence courts when making diversion decisions. Our approach involved a survey of magistrates and an analysis of the treatment plans and reports provided to courts. The issues with the highest importance ratings were the quality and detail of the treatment plan, the seriousness or violence involved in the offence/s, the availability of treatment and the severity of impairment. Opinions among magistrates on the percentage of applications for diversion without merit varied, but the average was 44%. The analysis of treatment reports revealed that defendants were more likely to be diverted if the report had been written by the Statewide Community Court Liaison Service, or if the defendant was currently receiving treatment or had been diagnosed with schizophrenia or a cognitive impairment.
Macdonald et al. (Thu,) studied this question.