This article Understanding Victoria’s Specialised Courts: Alternative Pathways is written by Emma Turnbull, Director, Emma Turnbull Lawyers, Specialist Criminal Lawyer.
A passionate and fearless advocate, Emma appears regularly in all courts across the Victorian criminal law jurisdiction defending clients charged with any level of crime; from driving offences to homicide. Emma is the managing partner of the firm and prides herself on sharing her wealth of experience and knowledge in a way that her staff and clients can easily comprehend.
In Victoria, the criminal justice system recognises that not all offenders are the same, and that tailored approaches can lead to better outcomes for individuals and the community. Specialised courts provide alternative pathways that focus on rehabilitation rather than punishment.
At Emma Turnbull Lawyers, we recognise the significance of providing our clients diverse advice and advocacy across all Victorian courts. Our team of top criminal defence lawyers regularly appear in specialised courts to provide our clients with the best possible outcome that is suitable to their individual needs.
Contact our team of criminal defence lawyers to gain advice about whether specialised courts are an option in your matter.
In this article, we explore the Koori Court, Drug Court, Children’s Court, and the Court Integrated Services Program (CISP), highlighting how these courts can benefit our clients.
1. Koori Court
The Koori Court offers Aboriginal and Torres Strait Islander offenders reflection upon cultural issues in an informal manner as part of their sentencing process. In addition to a presiding Magistrate, Elders and Respected Persons from your identified mob, a Koori court officer, the prosecution, and supportive persons are also involved in a sentencing conversation.
The Koori Court operates as a culturally appropriate alternative to the traditional court system, incorporating Indigenous perspectives and customs into legal proceedings.
Benefits:
- Cultural Sensitivity: The Koori Court respects and acknowledges the unique cultural identity of Indigenous offenders, allowing for greater understanding and engagement in the court process.
- Community Involvement: Elders and respected community members participate in the process, fostering a sense of accountability and connection to community.
- Focus on Rehabilitation: The court emphasises rehabilitation through culturally relevant programs.
2. Drug Court
The Drug Court aims to address underlying issues of drug addiction that can contribute to criminal behaviour. The Drug Court offers an alternative to imprisonment by providing a structured program that includes regular drug testing, treatment, and supervision.
Benefits:
- Holistic Approach: Participants receive access to treatment and support services tailored to individual needs, support to avoid relapse and community based protective factors.
- Reduced Recidivism: By focusing on rehabilitation, the Drug Court attempts to break the cycle of addiction, crime and imprisonment, leading to lower rates of re-offending.
- Supportive Environment: The court fosters a collaborative environment, where participants are encouraged to make positive change with the support of legal and treatment professionals.
3. Children’s Court
The Children’s Court in Victoria is specifically designed for young offenders aged 10 to 18. Recognising that children and adolescents require different approaches than adults, this court focuses on rehabilitation and support rather than punitive measures.
Benefits:
- Emphasis on Rehabilitation: The Children’s Court prioritises programs that promote education, counselling, and skill development, helping young offenders reintegrate into society.
- Family Involvement: The court encourages family participation in the process, recognising the importance of a supportive environment for a young person’s development.
- Protection of Rights: The Children’s Court ensures that the rights of young people are upheld throughout the legal process, promoting fairness and justice.
4. Assessment and Referral Court (ARC)
This specialist court seeks to connect offenders experiencing mental health issues with crucial support services while the sentencing process is deferred. ARC does this through completing intensive case management with a court-based clinician and regular court supervision with a magistrate allocated to supervise each individual case.
Benefits
- Family/Friend Involvement: ARC seeks to make individuals more comfortable by encouraging family, friends, and other support persons to be available and contribute to these proceedings.
- Individual Support: Provides tailored support and resource referral to promote a positive journey towards recovery. Services may include financial advice, housing or welfare services, and counselling.
- Encouraging Rehabilitation: The court engages individuals to build motivation and work towards achieving positive behaviour change by making sure their voice is heard and fostering a team environment.
Conclusion
Specialised courts in Victoria play a crucial role in promoting tailored rehabilitation by connecting individuals to case specific programs and support services. To understand how these specialised courts can address your individual rehabilitative needs, speak to our team of leading criminal defence lawyers today!
At Emma Turnbull Lawyers, our team understands the complexities of the criminal justice system and are committed to advocating for our clients’ best interests. As top criminal defence lawyers in Melbourne, we understand the importance of being aware of rehabilitative options available for our clients to achieve the best possible outcome.
If you or a loved one is facing charges, we can help explore the possibility of engaging with specialised courts that align with your circumstances.
Contact our team of criminal defence lawyers today to discuss your case.
About the Directors
Emma Turnbull is a passionate advocate for justice, equality, and empowerment. With her deep commitment to making a positive impact, she has dedicated her life to fighting for the rights of individuals facing prosecution by the State and promoting social change.
“I firmly believe that each and every one of us has the power to create meaningful change. It starts by finding our voices, standing up for what is right, and ensuring that everyone, whether they have a five day or three month jury trial, receives a fair hearing. My goal is that win or lose, every client feels they have received a fair trial, with their voice heard and their best defence put forward.”
Adrian Lewin is a seasoned criminal lawyer renowned for his unwavering dedication to defending the rights of individuals facing legal challenges. With his extensive experience and expertise in criminal law, Adrian has successfully represented clients in a wide range of complex cases. Known for his strategic thinking and meticulous preparation, he tirelessly fights for justice, ensuring that every client receives the strongest possible defence.
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