UQ research has shown that a new court model is restoring faith in the justice system for vulnerable defendants, including the homeless and those suffering from mental health difficulties.
The research, co-funded by the Australasian Institute of Judicial Administration, and conducted by Dr Tamara Walsh of the University of Queensland’s TC Beirne School of Law, focused on Brisbane’s Special Circumstances Court.
The court was established in 2006 with the aim of rehabilitating people who have committed low‐level criminal offences such as public nuisance and begging.
The model for the Queensland court is based on a Victorian court set up in 2002 which was the first of its kind in Australia.
In contrast to traditional criminal courts, magistrates of the Special Circumstances Court work closely with defendants to find practical solutions to the difficulties they face, with the intention of reducing offending behaviour.
Participants are encouraged and supported in making positive changes to their lives through self-help activities such as counselling and treatment services, and through assistance in accessing vital housing and welfare services.
In her report A Special Court for Special Cases, Dr Walsh argues courts should move towards this type of service delivery when dealing with low-level offenders who have complex needs.
“What this research shows is that people who come before the criminal courts for minor criminal offences are often in need of support, not punishment,” Dr Walsh said.
“Many of them suffer from mental health difficulties and intellectual disabilities, and many have experienced significant trauma in their lives.
“The fact that the Special Circumstances Court can restore individuals' faith in the justice system says a lot about the impact it has in their lives.”
To be eligible to participate, defendants must plead guilty, or indicate a willingness to plead guilty to the offences as charged, and they must give informed written consent.
The magistrate and a court case coordinator are responsible for performing an initial assessment and make recommendations to the court regarding appropriate options for treatment, rehabilitation and support, and monitoring the defendant’s progress while they are within the program.
The study included observation of 375 court appearances in the Brisbane Special Circumstances Court between June and November 2010, in addition to interviews carried out by Dr Walsh and a social worker.
“The defendants we spoke to really value the fact that the Special Circumstances Court provided them with the practical assistance and intensive support they needed,” Dr Walsh said.
“They really appreciated that the court was able to link them with community service providers, and give them hope for the future.”
Dr Walsh said she was confident the Special Circumstances Court model could be replicated elsewhere.
“For example, the Children's Court would benefit greatly from reforms along these lines,” she said.
Dr Walsh said the research project had also provided UQ students with the opportunity to gain valuable insight into the way the criminal justice system operates.
“They’ve realised that the traditional models of justice that they learn about don't always achieve the best outcomes, however this has brought a human face to the law for them,” she said.
A Special Court for Special Cases will be released on 14 October during World Mental Health Week.
Copies of the report can be obtained from the TC Beirne School of Law by contacting (07) 3365 2523 or Melissa.reynolds@law.uq.edu.au
Media: Dr Tamara Walsh (07 3365 6192, t.walsh@law.uq.edu.au), Elizabeth Porter Australasian Institute of Judicial Administration (elizabeth.porter@monash.edu) or
Melissa Reynolds at the TC Beirne School of Law (07 3365 2523, m.reynolds@law.uq.edu.au)
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