Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005 (SA)

South Australia

Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005

An Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Bail Act 1985

4—Amendment of section 3—Interpretation

1. (1)

   Section 3(1)—after the definition of bail authority insert:

   case manager means a person responsible for supervision of a person's participation in an intervention program;

2. (2)

   Section 3(1)—after the definition of guardian insert:

   intervention program means a program that provides—

   1. (a)

      supervised treatment; or

   2. (b)

      supervised rehabilitation; or

   3. (c)

      supervised behaviour management; or

   4. (d)

      supervised access to support services; or

   5. (e)

      a combination of any one or more of the above,

   designed to address behavioural problems (including problem gambling), substance abuse or mental impairment;

   intervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);

5—Insertion of sections 21B and 21C

After section 21A insert:

21B—Intervention programs

1. (1)

   When a court releases a person who has been charged with an offence on bail, the court may make it a condition of the bail agreement that the person undertake an intervention program.

2. (2)

   However—

   1. (a)

      if the person does not agree to the imposition of such a condition, the court cannot impose it; and

   2. (b)

      before the court imposes such a condition the court must satisfy itself that—

      1. (i)

         the person is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and

      2. (ii)

         those services are available for the person at a suitable time and place.

3. (3)

   The court may make appropriate orders for assessment of the person to determine—

   1. (a)

      a form of intervention program that is appropriate for the person; and

   2. (b)

      the person's eligibility for the services included on the program,

and may release the person on bail on condition that he or she undertake the assessment as ordered.

1. (4)

   Where a bail agreement contains a condition under this section—

   1. (a)

      the person released on bail under the agreement must comply with conditions regulating his or her participation in the assessment or intervention program notified from time to time by the person's case manager; and

   2. (b)

      a failure to comply with a requirement under paragraph (a) may be regarded as a breach of a condition of the bail agreement.

2. (5)

   The court may, at any time, on application by a person released on…