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Court of compassion

A specialist court which has successfully reformed offenders with complex mental health issues and disabilities is now operating at Sunshine Magistrates’ Court.

The Assessment and Referral Court (ARC) delivers a therapeutic brand of justice.

It has been running successfully for 15 years at 10 courts in Victoria, resulting in reduced rates of offending. It is on-track to be rolled out to all 13 headquarter Magistrates’ Courts across Victoria.

The ARC’s Supervising Magistrate Ros Porter says the evidence-based approach tackles the factors underlying offending.

“One of its key aims is to provide better outcomes for individuals. But it also means that we enhance community safety,“ Magistrate Porter said.

“Many people who come before the court have had poor access to mental health services, and for some people coming before the court it is their first time accessing mental health treatment”.

“Being before the (ARC) is often a significant catalyst for us to assist individuals to get the intensive intervention that they need.”

Under ARC, the offender’s sentence is effectively deferred until the end of an intensive treatment and support program.

They are offered up to 12 months of improved access to mental health treatment and support services as well as regular court hearings and case management.

Many of the participants are linked into the National Disability Insurance Scheme as well as medical treatment, housing support and drug and alcohol treatment.

It can achieve a real turnaround in life, such as in the case of Brad (not his real name) who was charged with aggravated burglary, theft and attempted fraud.

As part of ARC, he was assessed as having an acquired brain injury (ABI) and needing support for alcohol abuse, grief and loss, and problem gambling.

It led to him being formally diagnosed with an ABI, and being referred to housing support, gambling help and drug and alcohol and mental health services.

After his involvement in ARC, he reconnected with family, did vocational training and gained part-time work. He did not reoffend.

Magistrate Porter said individuals build strong relationships with the ARC’s multidisciplinary team.

There are monthly meetings with the same magistrate and weekly appointments with the same case manager who organises services and supports.

The ARC also has dedicated police prosecutors.

She said through ARC, the court can improve the lives of individuals with complex needs like Brad, but also improve community safety.

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