Giving First-Time Offenders a Second Chance

It only takes a moment for your life to be turned upside down.

A moment of inattention on the road, punching an obnoxious drunk rather than just walking away, accepting a few pills from a friend – all of these acts can quickly land you before a court facing the prospect of a criminal conviction, or even time in prison.

As discussed in many of our blogs, having a criminal record can have lasting consequences on your life – including your career prospects and ability to travel.

For this reason, experienced criminal lawyers will often seek to obtain a “section 10 dismissal and conditional release order” for their clients in  cases like drug possession, drink driving and common assault – which means that no conviction is recorded despite being guilty.

Now, Western Australia is trialing an initiative which goes a step further than a ‘non conviction order’ by diverting first-time offenders away from the court system altogether if they agree to take part in treatment programs aimed at addressing the reasons behind their offending.

The Turning Point Project

Dubbed ‘The Turning Point Project,’ the trial is based upon similar ‘deferred prosecution’ initiatives which have had great success overseas.

Police will have the choice to offer certain first-time offenders the opportunity to take part in the project instead of fronting court.

Those who agree will have to participate for four months, during which they will be required to engage in a range of activities aimed at curbing their chances of reoffending.

While each agreement will be tailored to the individual and their circumstances, the types of conditions that may be imposed include things like counselling, apologising to victims, staying away from particular areas, and seeking treatment for drug and alcohol problems.

The initiative will only be open to first-time offenders for minor offences such as drug possession, larceny (theft), disorderly conduct, motor vehicle theft and trespass.

Those charged with more serious offences such as physical or sexual assault, or domestic violence offences, will be excluded from the program.

Those who complete the program will have their charges dropped – without ever having to front court.

However, those who fail or re-offend will be prosecuted normally in court.

Benefits of the Project

The Turning Point Project has won support from several players within the criminal justice system, including Western Australia’s Police Commissioner Karl O’Callaghan, Police

Minister Lisa Harvey, and Chief Magistrate Steven Heath.

The Project has been lauded as offering a range of benefits, including saving court time, saving police time that would otherwise be spent compiling briefs and appearing in court and, of course, giving offenders the opportunity to address underlying issues.

Similar initiatives trialled in the United Kingdom since 2014 have had outstanding success rates, with around 75% of participants completing the agreements.

Such scheme also have a public interest benefit – first-time offenders who make silly, one-time mistakes will be allowed to get on with their lives without the burden of a criminal conviction hampering their chances of securing gainful employment or furthering their careers.

Most importantly, first-time offenders receive assistance to reduce the likelihood of offending in the future – which offers a considerable benefit to themselves as well as the wider community.