2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Alcohol Court Bill 2005
SERIAL NO.  33

EXPLANATORY STATEMENT

GENERAL OUTLINE

The objective of the Bill is to facilitate a reduction in offending, and antisocial behaviour, associated with alcohol dependency, and improved health and social outcomes for people whose offending is related to alcohol dependency.

The main features of the Bill are:

·	The establishment of a specialist Alcohol Court, with the power to make specialised sentencing orders, and prohibition orders, with respect to offenders who are dependent on alcohol. The Court will offer assessment for offenders who are alcohol dependant, and access to treatment through alcohol intervention orders and prohibition orders.

·	The introduction of alcohol intervention orders as a sentence, for those people with an alcohol dependency, who would otherwise be sentenced to a period of imprisonment.  

·	The reform of the law in relation to prohibition orders that can be made with respect to offenders who are dependent on alcohol. 

NOTES ON CLAUSES

PART 1 – PRELIMINARY MATTERS

Clause 1	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Alcohol Court Act 2005.

Clause 2	Commencement

The Act, or parts of the Act, commence on a date fixed by the Administrator.

Clause 3	Purpose

The purpose of the Bill is to establish the Alcohol Court that can make orders in relation to offenders dependant on alcohol to improve opportunities for rehabilitation, prevent offences associated with alcohol dependence and to reduce risks and harms associated with alcohol dependency.

Clause 4	Interpretation

Defines key terms for the Act.

Clause 5	Meaning of ‘relevant offence’

A person may be referred to the Alcohol Court if they are charged with a relevant offence, which is defined as meaning an offence that the Court of Summary Jurisdiction (CSJ) may hear and determine.  This includes offences that the CSJ might deal with under section 121A of the Justices Act.  In addition the Regulations can specify that a particular offence is not a relevant offence.

PART 2 – ALCOHOL COURT

Division 1 – General Matters

Clause 6	Establishment of Court

Establishes the Alcohol Court which is constituted by a magistrate.

Clause 7	Jurisdiction of Court

The clause sets out the jurisdiction of the Alcohol Court.  The Court has the jurisdiction necessary to hear criminal matters referred from the Court of Summary Jurisdiction under clause 15 of the Bill, sentence offenders (including making alcohol intervention orders) , and to make prohibition orders. 

The Alcohol Court has all powers necessary to exercise the jurisdiction, including powers contained in the Justices Act and the Bail Act.

The Court cannot deal with young people under the age of 18 years.  The Youth Justice Act provides for a broad range of interventions and sentences for young people under the age of 18 years.

Clause 8	Registrar of Court

The Registrar of the Local Court is a registrar of the Alcohol Court.

Clause 9	Where Court may sit

The Court may sit in locations as directed by the Minister.

Division 2 – Proceedings generally

Clause 10	Procedure

The Court may, subject to the Act, Regulations and any rules or practice directions regulate its own procedure and apply or use a relevant procedure under the Sentencing Act, Justices Act or Bail Act.

Clause 11	Proceeding to be in open court

Proceedings of the Alcohol Court must be held in open court unless the Court decides it is in the interests of justice to close the court.  This gives the Court some discretion to close the court so that the assessment and treatment needs of an offender can be fully addressed.

Clause 12	Restriction of publication

The Alcohol Court may also make an order restricting publication of a report of its proceedings, specific details of a proceeding or the result of the proceeding.  This complements clause 13 and will also allow the Court to fully address the assessment and treatment needs of an offender.  The Court will be able to make an order that restricts publication of some aspects of proceedings, but permits the reporting of other aspects of the proceedings.

An order restricting publication will not affect information exchange by Police, or a court clinician in dealing with a treatment provider.

Division 3 – Appeals

Clause 13	Right of appeal to the Supreme Court

An appeal lies to the Supreme Court from orders made by the Alcohol Court.  The provisions of the Justices Act with respect to appeals apply to the Alcohol Court.

PART 3 – ALCOHOL INTERVENTION ORDERS

Division 1 – Referrals to Court for alcohol intervention orders

Clause 14	When person eligible for referral to Court

Sets out the criteria that must be met before the CSJ can refer an offender to the Alcohol Court for an alcohol intervention order.

A person can’t be referred if they are subject to a parole order, are serving a sentence of imprisonment or are already subject to an alcohol intervention order.

The Regulations can also exclude a category of offenders from being referred to the Court.

Clause 15	Referral by CSJ

The CSJ may refer an eligible offender to the Alcohol Court on its own initiative or on the application by a prosecutor, police officer or offender.

Division 2 – Making alcohol intervention orders and other orders

Clause 16	Purpose of alcohol intervention order

An alcohol intervention order is a sentencing order that seeks to address facilitate the rehabilitation of offenders dependent on alcohol.  The order also seeks to prevent any future offending by the offender as a result of alcohol dependence.

Clause 17	Orders before decision about alcohol intervention order

Before an alcohol intervention order can be made an assessment report from a court clinician must be ordered by the Court.

Clause 18	When alcohol intervention order may be made

Sets out the criteria for making an alcohol intervention order.  

An alcohol intervention order is an intensive sentencing order that can only be made where a sentence of imprisonment would otherwise be an appropriate sentence.

In deciding whether to make an order the Court is not bound by the rules of evidence, and must take into account the advice and recommendations contained in the assessment report prepared by the court clinician.

Clause 19	Orders if offender charged with multiple offences

Clarifies that where an offender is charged with multiple relevant offences, one alcohol intervention order may be made in relation to all or some of those offences if the criteria in clause 18 are met in relation to each offence.  When the criteria in clause 18 apply to only some of the offences the court may sentence the person for those other offences, except by making an order for home detention or imprisonment with respect to those other offences.

Clause 20	Alcohol intervention order

An alcohol intervention order consists of a term of imprisonment not exceeding 2 years, suspended partially or wholly, and a period of supervision and treatment for a period of up to 12 months.

The offender will be supervised by Correctional Services for all of the supervision and treatment period.  Most offenders will be required to engage with intensive alcohol treatment for the first 10 to 14 weeks of the supervision and treatment component of the order and during this period will also be monitored by a court clinician.  

The supervision and treatment component of the order will include core conditions prescribed by the Bill.  In addition the Court may impose other conditions to apply to the period of supervision and treatment.

When the Alcohol Court is deciding whether to make an alcohol intervention order the general principles contained in Part 2 of the Sentencing Act also apply.

Clause 21	Copies of alcohol intervention order to be provided

Copies of any order must be sent to the Director of Correctional Services and a court clinician.

Clause 22	Sentencing offender if no alcohol intervention order made

If the Court decides not to make an order it can either apply another sentence or refer the offender to the CSJ for sentencing.

Division 3 – Reviews of alcohol intervention orders

Clause 23	Review of treatment and supervision component

The purpose of this clause is to enable the court to review the treatment and supervision component of the order to both monitor the progress of the offender through treatment, and to allow the prosecution or offender to apply to the court for a variation where circumstances have changed since the order was made.  The court can also deal with minor breaches of the order in the review process.

Clause 24	Variation following review

The Court will have the power to amend the conditions of the treatment and supervision component to reward compliance with the order, or impose more restrictive conditions where the offender has committed a minor breach of the order.  The Court may also revoke the treatment and supervision component to allow for circumstances that have altered significantly since the order was imposed.

Division 4 – Contraventions of alcohol intervention orders

Clause 25	Application if contravention of treatment and supervision component

Allows for a prosecutor, the Director of Correctional Services to make an application to the Court if they believe the offender has contravened the order.

Clause 26	Issue of summons or warrant

The Court may issue a summons or warrant to compel an offender to attend at Court in relation to an application made under clause 25.

Clause 27	Arrest without warrant by police officer

Gives a police officer the power to arrest a person who they believe on reasonable grounds has contravened an order to take them before the Court.

Clause 28	Orders if contravention of treatment and supervision component

When the Court is satisfied an offender has contravened an order it may order that the offender spend up to 14 days in prison, revoke the treatment and supervision component and order that the offender serve all or part of the term of suspended imprisonment, or revoke the whole order and sentence the offender for the offence.

When the Court orders that an offender serve up to 14 days in prison the offender is still subject to the terms of the alcohol intervention order – including the remaining term of the supervision and treatment component of the order – on release from prison.

PART 4 – PROHIBITION ORDERS

Division 1 – Referrals to Court for prohibition orders

Clause 29	When person eligible for referral to Court

Sets out the criteria to be met for an offender to be referred to the Alcohol Court for a prohibition order.

Clause 30	Referral by CSJ

The CSJ may refer a person eligible under clause 29 to the Alcohol Court for a prohibition order on its own initiative, or on the application of a prosecutor, police officer or eligible person.

Division 2 – Making prohibition orders and other sentencing orders

Clause 31	Purpose of prohibition order

A prohibition order is not a sentencing order.  Its purpose is to restrict the capacity of the offender to obtain alcohol and facilitate their rehabilitation, to prevent further offending (and other harm) associated with alcohol dependence and to reduce health risks associated with alcohol dependency.

A prohibition order might complement sentencing orders imposed on the offender by the Court.

Clause 32	Orders before decision about prohibition order

The Court must order an assessment report before it can make a prohibition order.  It may adjourn the proceedings while an assessment is completed and make orders with respect to bail or  the remand of the offender during the period of the adjournment.

Clause 33	When prohibition order can be made

While a prohibition order is not a sentencing order it can only be made where a person has been found guilty of a relevant offence.  The clause also sets out other criteria that must be met before an order can be made.  The Court must take into account the advice and recommendations of the assessment report provided by the court clinician when it makes a prohibition order.

Clause 34	Prohibition order

A prohibition order must not be made for more than 12 months.  The order may prohibit or restrict the consumption of alcohol, prevent the person entering or remaining at licensed premises, or restrict when the offender may enter or remain at licensed premises.  The order may also specify that the offender undergo treatment.

An order may also include directions to the Director of Licensing in relation to giving notice to licensees about the order.  An order may direct that particular licensees or licensees in a specific area must be given notice of the order.

Clause 35	Copy of prohibition order to Director of Licensing

The Court must give the Director of Licensing a copy of every prohibition order.

Clause 36	Sentencing offender if prohibition order made

When the Court makes a prohibition order it must also sentence the person for the relevant offences.  The Court may, under the Sentencing Act, incorporate the terms of the prohibition order into certain sentencing orders.  For example, if the Court imposes a bond under section 11 or 13 of the Sentencing Act for the offence the Court may incorporate the terms of the prohibition order into the terms of the bond.  If the offender fails to comply with the terms of the prohibition order that is incorporated into the bond, the bond may be enforced by the Alcohol Court under the provisions of the Sentencing Act.

The Court may also adjourn sentencing for up to six months to monitor the progress of the person during the period of the prohibition order so that the progress of the offender can be taken into account when sentencing.  This provision will act as an incentive for an offender to comply with the order.  The Court may, during this period, impose bail conditions on the offender to comply with the terms of the prohibition order.  If the offender fails to comply with a condition of bail (including a condiction of the prohibition order incorporated into the bail undertaking by the offender) they may be arrested and brought before the Alcohol Court for enforcement of the bail undertaking and sentencing for the offence.

Clause 37	Sentencing offender if no prohibition order made

If the Court decides not to make a prohibition order it may sentence the offender or refer them back to the CSJ for sentencing.

PART 5 – ALCOHOL COURT CLINICIANS
AND ASSESSMENT REPORTS

Clause 38	Appointment of court clinicians

Provides for the appointment of court clinicians.

Clause 39	Functions of court clinicians

Sets out the functions of the court clinicians.  The court clinicians will provide assessment reports, advise the Court about treatment for offenders, provide the Court with progress reports as offenders progress through treatment, liaise with the Director of Correctional Services in relation to offenders subject to alcohol intervention orders and give directions to offenders subject to alcohol intervention orders.

Clause 40	Assessment report

An assessment report prepared by a court clinician must include an assessment of whether the offender may benefit from an alcohol intervention order or prohibition order, and give recommendations regarding treatment.  A report may also include a case management plan and recommendations for conditions that might be imposed as part of an order.

PART 6 – MISCELLANEOUS MATTERS

Clause 41	Delegations

Any power of function given to the Minister, Chief Executive Officer or Director of Correctional Services by the Act can be delegated to a public sector employee.

Clause 42	Protection from liability

Provides protection from criminal and civil liability, for the Chief Executive Officer, Director of Correctional Services and court clinicians for acts done by them in good faith, and in the exercise or purported exercise of a power or function under the Act.

Clause 43	Rules and practice directions

The Chief Magistrate may make rules and issue practice directions for the Act.

Clause 44	Regulations

The Administrator may make regulations for the Act.