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Court diversion for those with psychosis and its impact on re-offending rates: results from a longitudinal data-linkage study

  • Olayan Albalawi (a1) (a2), Nabila Zohora Chowdhury (a1), Handan Wand (a3), Stephen Allnutt (a4), David Greenberg (a5), Armita Adily (a6), Azar Kariminia (a7), Peter Schofield (a8), Grant Sara (a9), Sarah Hanson (a10), Colman O'Driscoll (a11) and Tony Butler (a12)...
Abstract
Background

With significant numbers of individuals in the criminal justice system having mental health problems, court-based diversion programmes and liaison services have been established to address this problem.

Aims

To examine the effectiveness of the New South Wales (Australia) court diversion programme in reducing re-offending among those diagnosed with psychosis by comparing the treatment order group with a comparison group who received a punitive sanction.

Method

Those with psychoses were identified from New South Wales Ministry of Health records between 2001 and 2012 and linked to offending records. Cox regression models were used to identify factors associated with re-offending.

Results

A total of 7743 individuals were identified as diagnosed with a psychotic disorder prior to their court finalisation date for their first principal offence. Overall, 26% of the cohort received a treatment order and 74% received a punitive sanction. The re-offending rate in the treatment order group was 12% lower than the punitive sanction group. ‘Acts intended to cause injury’ was the most common type of the first principal offence for the treatment order group compared with the punitive sanction group (48% v. 27%). Drug-related offences were more likely to be punished with a punitive sanction than a treatment order (12% v. 2%).

Conclusions

Among those with a serious mental illness (i.e. psychosis), receiving a treatment order by the court rather than a punitive sanction was associated with reduced risk for subsequent offending. We further examined actual mental health treatment received and found that receiving no treatment following the first offence was associated with an increased risk of re-offending and, so, highlighting the importance of treatment for those with serious mental illness in the criminal justice system.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Corresponding author
Correspondence: Tony Butler, Justice Health Research Program, Kirby Institute, University of NSW, Sydney, NSW 2052, Australia. Email: tbutler@kirby.unsw.edu.au
References
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1Schneider, RD. Mental Health Courts and Diversion Programs: A Global Survey. Elsevier, 2010.
2Richardson, E, McSherry, B. Diversion down under—Programs for offenders with mental illnesses in Australia. Int J Law Psychiatry 2010; 33: 249–57.
3Steadman, HJ, Naples, M. Assessing the effectiveness of jail diversion programs for persons with serious mental illness and co-occurring substance use disorders. Behav Sci Law 2005; 23: 163–70.
4Skrzypiec, G, Wundersitz, J, McRostie, H. Magistrates Court Diversion Program: An Analysis of Post-Program Offending. Office of Crime Statistics and Research, 2004.
5Steadman, HJ, Morris, SM, Dennis, DL. The diversion of mentally ill persons from jails to community-based services: a profile of programs. Am J Public Health 1995; 85: 1630–5.
6Greenberg, D, Nielsen, B. Court diversion in NSW for people with mental health problems and disorders. N S W Public Health Bull 2002; 13: 158–60.
7James, DV. Court diversion in perspective. Aust N Z J Psychiatry 2006; 40: 529–38.
8Davidson, F, Heffernan, E, Greenberg, D, Butler, T, Burgess, P. A critical review of mental health court liaison services in Australia: a first national survey. Psychiatry Psychol Law 2016; 23: 908–21.
9Bradford, D, Smith, N. An Evaluation of the NSW Court Liaison Services. NSW Bureau of Crime Statistics and Research, Attorney General's Department of NSW, 2009.
10World Health Organization. International Statistical Classification of Diseases and Related Health Problems (ICD–9). WHO, 1978.
11World Health Organization. The ICD-10 Classification of Mental and Behavioural Disorders: Clinical Descriptions and Diagnostic Guidelines. WHO, 1992.
12Brian, P. Socio-Economic Indexes for Areas (SEIFA) - Technical Paper. Australian Bureau of Statistics, 2006.
13Pink, B. Australian and New Zealand Standard Offence Classification (ANZSOC). Australian Bureau of Statistics, 2011.
14Klein, JP, Moeschberger, ML. Survival Analysis: Techniques for Censored and Truncated Data. Springer Science & Business Media, 2005.
15Pankratz, VS, De Andrade, M, Therneau, TM. Random-effects Cox proportional hazards model: general variance components methods for time-to-event data. Genet Epidemiol 2005; 28: 97109.
16Greenberg, D. NSW Statewide Community and Court Liaison Service Program Manual. NSW Justice Health, 2008.
17Howard, D, Westmore, B. Crime and Mental Health Law in New South Wales: A Practical Guide for Lawyers and Health Care Professionals. LexisNexis Butterworths, 2010.
18 Ingall, J. New judges to tackle regional court backlog. ABC News 2017; July 24 (https://www.abc.net.au/news/2017-07-24/district-court-judges-tackle-case-backlog-regional-nsw/8738006).
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  • EISSN: 2056-4724
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Court diversion for those with psychosis and its impact on re-offending rates: results from a longitudinal data-linkage study

  • Olayan Albalawi (a1) (a2), Nabila Zohora Chowdhury (a1), Handan Wand (a3), Stephen Allnutt (a4), David Greenberg (a5), Armita Adily (a6), Azar Kariminia (a7), Peter Schofield (a8), Grant Sara (a9), Sarah Hanson (a10), Colman O'Driscoll (a11) and Tony Butler (a12)...
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