Criminal Procedure Act 1986 No 209
Current version for 14 May 2020 to date (accessed 6 June 2020 at 12:45)
Chapter 7 Part 4 Division 2
Division 2 Intervention programs
347   Declaration and regulation of intervention programs
(1)  The regulations may declare that a program of measures for dealing with offenders or accused persons that is described in the regulations is an intervention program for the purposes of this Part.
(2)  The purposes of such a program may include any of the following—
(a)  promoting the treatment or rehabilitation of offenders or accused persons,
(b)  promoting respect for the law and the maintenance of a just and safe community,
(c)  encouraging and facilitating the provision by offenders of appropriate forms of remedial actions to victims and the community,
(d)  promoting the acceptance by offenders of accountability and responsibility for their behaviour,
(e)  promoting the reintegration of offenders into the community.
(3)  The regulations may make provision for or with respect to the following matters—
(a)  subject to section 348, the offences in respect of which an intervention program may be conducted,
(b)  subject to section 349, eligibility to participate in an intervention program,
(c)  the nature and content of the measures constituting an intervention program,
(d)  the purposes and objectives of an intervention program, and the principles guiding an intervention program,
(e)  assessment of the suitability of a person to participate in an intervention program, or of a person’s capacity or prospects for participation in an intervention program,
(f)  the conduct of investigations and the preparation of reports as to a person’s suitability, capacity or prospects for participation in an intervention program,
(g)  the provision of reports as to a person’s suitability, capacity or prospects for participation in an intervention program,
(h)  the persons, bodies or organisations who may participate in an intervention program or intervention plan (in addition to the offender or accused person),
(i)  the role of particular persons, bodies or organisations in the conduct of an intervention program or intervention plan,
(j)  restrictions or conditions on participation in an intervention program (including legal representation of offenders or accused persons who participate in an intervention program),
(k)  the development and implementation of intervention plans arising out of an intervention program, including restrictions or conditions on intervention plans,
(l)  procedures for notification of courts or other persons, bodies or organisations of a decision of a person not to participate in, or to continue to participate in, an intervention program or intervention plan,
(m)  the content and keeping of records in connection with an intervention program or intervention plan,
(n)  the monitoring and evaluation of, or research into, the operation and effect of an intervention program or intervention plan,
(o)  the issuing of guidelines with respect to the conduct or operation of an intervention program or intervention plan,
(p)  authorising the participation of persons who are in custody in an intervention program or intervention plan,
(q)  any other matter relating to the conduct or operation of an intervention program or intervention plan.
(4)  The operation of an intervention program may be limited by the regulations to a specified part or parts of New South Wales, or for a specified period or periods (or both).
(5)  Nothing in this section prevents the development, conduct or operation of programs of measures for the treatment or rehabilitation of offenders or accused persons that are not intervention programs.
348   Offences in respect of which an intervention program may be conducted
(1)  The offences in respect of which an intervention program may be conducted are, except as provided by subsection (2)—
(a)  summary offences, and
(b)  indictable offences that may be dealt with summarily under this Act or another law prescribed by the regulations for the purposes of this subsection.
(2)  An intervention program may not be conducted in respect of any of the following offences—
(a)  an offence under section 35 (Reckless grievous bodily harm or wounding) or 35A (1) (Cause dog to inflict grievous bodily harm) of the Crimes Act 1900,
(b)  an offence under Division 10 (Sexual offences against adults and children) or 15 (Child prostitution and pornography) of Part 3 of the Crimes Act 1900,
(c)  an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 (Stalking or intimidation with intent to cause fear of physical or mental harm),
(d)  an offence under section 91H (Production, dissemination or possession of child pornography or child abuse material), 578B (Possession of child pornography) or 578C (2A) (Publishing child pornography) of the Crimes Act 1900,
(e)  any offence involving the use of a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996,
(f)  an offence under section 23 (1) (b) or (2) (b) (Offences with respect to prohibited plants), 25 (Supply of prohibited drugs) or 25A (Offence of supplying prohibited drugs on an ongoing basis) of the Drug Misuse and Trafficking Act 1985,
(g)  any other offence prescribed by the regulations for the purposes of this subsection.
349   Eligibility of certain persons to participate in intervention program
A person is not eligible to participate in an intervention program in respect of an offence while the person is being dealt with for the offence—
(a)  by the Children’s Court under Part 3 (Criminal proceedings in the Children’s Court) of the Children (Criminal Proceedings) Act 1987 (including after the person has been remitted to the Children’s Court under section 20 of that Act), or
(b)  by any other court in accordance with Division 4 of Part 3 of that Act.