South Australian Consolidated Acts South Australian Consolidated Acts (1) A court that finds
a defendant guilty of a summary or minor indictable offence may release the
defendant without conviction or penalty if satisfied—
(a) that
the defendant—
(i)
suffers from a mental impairment that explains and
extenuates, at least to some extent, the conduct that forms the subject matter
of the offence; and
(ii)
has completed, or is participating to a satisfactory
extent in, an intervention program; and
(iii)
recognises that he or she suffers from the
mental impairment and is making a conscientious attempt to overcome
behavioural problems associated with it; and
(b) that
the release of the defendant under this subsection would not involve an
unacceptable risk to the safety of a particular person or the community.
(2) A court may, at
any time before a charge of a summary or minor indictable offence has been
finally determined, dismiss the charge if satisfied—
(a) that
the defendant—
(i)
suffers from a mental impairment that explains and
extenuates, at least to some extent, the conduct that forms the subject matter
of the offence; and
(ii)
has completed, or participated to a satisfactory extent
in, an intervention program; and
(iii)
recognises that he or she suffers from the
mental impairment and is making a conscientious attempt to overcome
behavioural problems associated with it; and
(b) that
dismissal of the charge under this subsection would not involve an
unacceptable risk to the safety of a particular person or the community; and
(c) that
the court would not, if a finding of guilt were made, make an order requiring
the defendant to pay compensation for injury, loss or damage resulting from
the offence.
(3) If the defendant
is participating in, but has not completed, an intervention program, the court
may, instead of dismissing the charge under subsection (2), release the
defendant on an undertaking—
(a) to
complete the intervention program; and
(b) to
appear before the court for determination of the charge—
(i)
after the defendant has completed the
intervention program; or
(ii)
if the defendant fails to complete the intervention
program.
(4) In deciding
whether to exercise its powers under this section, the court—
(a) may
act on the basis of information that it considers reliable without regard to
the rules of evidence; and
(b)
should, if proposing to dismiss a charge under subsection (2) or release
a defendant on an undertaking under subsection (3), consider any
information about the interests of possible victims that is before it (but is
not obliged to inform itself on the matter).
(5) In this
section—
"court" means—
(a) the
Magistrates Court; or
(b) the
Youth Court; or
(c) any
other court authorised by regulation to exercise the powers conferred by this
section;
"mental impairment" means an impaired intellectual or mental function
resulting from a mental illness, an intellectual disability, a personality
disorder, or a brain injury or neurological disorder (including dementia).