Protocols

District Court Referrals to the Intellectual Disability Diversion Program (IDDP) Court

The District Court and Magistrates Court agreed on a protocol by which suitable accused may be referred by the District Court to the Intellectual Disability Diversion program (IDDP) Court operating in the Perth Magistrates Court.

The IDDP Court is operated by the Department of Justice, with support and advice from the Department of Communities. Eligible accused are those with an intellectual impairment, cognitive impairment (which includes FASD) and Autism Spectrum Disorder. The IDDP Court Guidelines are available from the Magistrates Court website.

Referral from the District Court to IDDP Court can occur when:

  1. the offender has been diagnosed with an Intellectual Disability, Cognitive Disability (which might include FASO) or Autism Spectrum Disorder by a suitably qualified person or they are likely to be so diagnosed if assessed by a suitably qualified person
  2. the offender has pleaded guilty
  3. the Sentencing Judge might impose a sentence other than immediate imprisonment, if the Program is successfully completed by the offender, and
  4. the offender is not remanded in custody.

If the offender is deemed suitable, the Sentencing Judge will set a future District Court date before the same Sentencing Judge ("future Court date"), a minimum of 8 weeks after the date of referral.  

The bail conditions for the future Court date will include the following:

"To report to Perth IDDP Court on the date as directed by the District Court and thereafter to comply with all lawful directions of the Perth IDDP Court".

The offender will be directed to attend the IDDP Court Perth on a Monday within no less than 5 working days from the date of referral, at 10am.

District Court Referrals to Start Court

The following relates to the protocol agreed between the District Court and Magistrates Court by which certain persons may be referred by the District Court to the Perth Specialist Treatment and Referral Team (Start) Court.

Start Court is a Magistrates Court based in the Perth CBD that specialises in dealing with offenders who have mental health issues. More information on Start Court is available on the Magistrates Court website.


Last updated: 29-Jul-2020

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