New South Wales Consolidated Acts

PRE-TRIAL DIVERSION OF OFFENDERS ACT 1985

- As at 19 May 2010 
- Act 153 of 1985 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Purpose of Act
   3.      Definitions
   3A.     Persons to whom Act applies
   4.      Act not to apply to certain persons
   5.      Criminal Procedure Act 1986 to apply

   PART 2 - SPECIAL PROCEDURE BEFORE COURTS

   6.      Information relating to the Program etc to be given to person charged
   7.      Person appearing before Magistrate may request that Act not apply
   8.      Director of Public Prosecutions to conduct prosecutions
   9.      Proceedings to be adjourned pending decision by prosecutor
   10.     Matters to be considered by prosecutor in deciding whether to refer person for assessment
   11.     Prosecutor to notify Magistrate of decision
   12.     Act ceases to apply to person not referred for assessment
   13.     Proceedings to be further adjourned pending assessment
   14.     Assessment
   15.     Prosecutor to notify Magistrate as to person's suitability
   16.     Act ceases to apply to person not suitable for participation in the Program
   17.     Act ceases to apply if person does not plead guilty before Magistrate
   18.     Act ceases to apply if plea of guilty rejected
   19.     Certain child sexual assault cases may not be disposed of summarily
   20.     Person pleading guilty before Magistrate to comply with certain directions pending appearance before higher court
   21.     Act ceases to apply if person does not comply with directions pending further appearance
   22.     Act ceases to apply if person does not plead guilty before Supreme Court or District Court etc

   PART 3 - UNDERTAKING TO ATTEND PROGRAM ETC

   23.     Undertaking to attend the Program to be given to court
   24.     Procedure following giving of undertaking
   25.     Person may be released from undertaking
   26.     Breach of undertaking etc
   27.     Requirement to appear or issue of warrant on breach
   28.     Powers of court on breach
   29.     Court may be constituted by another judge
   30.     Person who has complied with undertaking not to be further prosecuted etc

   PART 3A - PRE-TRIAL DIVERSION OF OFFENDERS PROGRAM

   30A.    The Program
   30B.    Administration of the Program

   PART 4 - MISCELLANEOUS

   31.     (Repealed)
   32.     Certain defects not to invalidate proceedings
   33.     Evaluation of administration of Act
   34.     Regulations
   35.     Savings and transitional provisions
           SCHEDULE 1