THE CROSS-BORDER JUSTICE SCHEME

THE CROSS-BORDER JUSTICE SCHEME

DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE

The Cross-border Justice Scheme is a historical partnership between:

• Western Australia• Northern Territory, and• South Australia.

It effectively removes the borders in the outback region where they meet.


HISTORIC PARTNERSHIP

THE REGION WE ARE TALKING ABOUT / NPY SERVICES


OBJECTIVES OF THE SCHEME

• In an Australian first, there is effectively no legal state boundaries in this region for offenders to cross and escape justice.

• Police, magistrates, prisons, community corrections and juvenile justice officers of one jurisdiction are now able deal with offences that may have occurred in another of the participating jurisdictions.


REASON FOR THE SCHEME

• Offenders, particularly those charged with an assault and in particular involving family violence, frequently have eluded apprehension by crossing jurisdictional borders where Police have had no power of arrest without an Interstate Warrant of Extradition.

• The Cross-border Justice Scheme provides a safer environment for women and children in the Cross-border Justice region and gives communities the confidence to report crimes knowing that the justice system can now follow offenders across the border.


MAKING IT LAW

Inter-Governmental Agreement:• signed in 2007 by Attorney’s-General of each

jurisdiction• is the overarching Agreement for the project.

Cross-border Justice Act:• came into affect in 2008 in WA • And 2009 in NT and SA.


SERVICE LEVEL AGREEMENTS


Service Level Agreements (SLAs) /MOUs exist between:• police • corrections (custodial, community corrections, juvenile

justice), and• courts.

SLAs/MOUs sit underneath the Inter-Governmental Agreement and comply with the Cross-border Justice Act.

A set of protocols also exist for each portfolio detailing day to day procedures.


To use the scheme any one of the following three triggers must exist:

1. An offender must have committed the offence in the prescribed region;

OR

2. An offender must normally reside in the prescribed

region;

OR

3. The offender is arrested in the prescribed region for an

offence committed inside or even outside of the region.

TRIGGERS TO ACTIVATE THE SCHEME


• Police have a Memorandum of Understanding that addresses how they work together across the Prescribed Region. Their powers are unique and they already do work together on major policing matters.

• This law allows the three Police forces to work much closer together and to arrest offenders in each other’s jurisdiction without the need for expensive and complicated extradition processes.

• On line training resources have been developed for each police jurisdiction and those resources are available from their respective training and development areas.

POLICE

IMPACTS FOR COURTS


Magistrates of a participating jurisdiction are appointed as a magistrate of each of the other participating jurisdictions under that other jurisdiction’s Magistrates Act.

Courts follow the laws of the jurisdiction where the offence took place and apply the rules of evidence from that place.

COURTS


• A Cross-border magistrate’s circuit includes locations in all three Cross-border jurisdictions.

• Court registrars co-ordinate the movement of Cross-border magistrates and support staff through the circuits of participating jurisdictions.

• Sittings of Cross-border magistrates are supported by the staff of the jurisdiction in which the cross-border magistrate ordinarily sits.

• Cross-border registrars also play a role in distributing relevant forms and notifying interstate counterparts of changes to Court rules or legislation that could affect court procedures.

COURTS


• In the case where a Cross-border magistrate is required to hear an interstate matter the following processes are followed:

– The local prosecuting authority will arrange to have an interstate matter listed before a cross-border magistrate and will advise the Home State registry of the arrangement.

- A copy of the complaint to be heard by the cross-border magistrate must then be sent by the Home State registry to the cross-border magistrate who will hear the proceedings

COURTS

• Cross-border registrars also play a role in distributing relevant forms and notifying interstate counterparts of changes to Court rules or legislation that could affect court procedures.

• At the conclusion of the hearing, registrars co-ordinate the transfer of relevant court files and other documents to the "Home State" registry.


HOME AND HOLDING (LOCATION) JURISDICTION

• The rules that affect a prisoner’s custody are dictated by the Home and Location Jurisdiction.

• The Home Jurisdiction is where the offence took place and it is the laws of that jurisdiction under which the Court process and sentencing takes place.

• The Holding or Location Jurisdiction is where the offender is being held or supervised. The laws allow for equally reciprocal arrangements.


CUSTODIAL SERVICES

• No change has occurred to actual laws and each jurisdiction retains the laws it makes. The scheme simply allows the law of one jurisdiction to be applied in another as though it was applied by a court in the Home Jurisdiction.

• The rules of custody are no different for an interstate prisoner than a NT prisoner – they are subject to EXACTLY the same management rules including the complaints mechanisms, but there may be different releasing laws.

• NB: Holding Cross-border prisoners is not part of the Interstate Transfer of Prisoners legislation.


PRISONER PLACEMENT - REMAND

• Factors to be considered are largely the personal circumstances of the prisoner and the capacity of the Holding Jurisdiction.

• The Location Authority Liaison Officer is responsible for determining suitability for holding a prisoner in the NT.

• The prisoner’s view is to be obtained irrespective of the Court’s view. The final decision is with the intended Holding Jurisdiction and NOT the prisoner or the Court. Community Corrections can assist with this process.


INFORMATION EXCHANGE - JURISDICTIONS

• Original Remand Warrants must accompany prisoners.• A Prisoner Placement Agreement is to accompany the

prisoner.• Copies of Warrants of Commitment are to be faxed or

emailed to the Superintendent of the Receiving Jurisdiction. Acknowledgement is required.

• Original Warrants of Commitment are to be kept by Home Jurisdiction (Sending Jurisdiction).

• Medical information is to be provided prior to receipt.• Sending Jurisdiction is to provide full medical history,

pre-sentence report and reception prison history.


MANAGEMENT OF PRISONERS

• The management of the prisoner after a transfer becomes the responsibility of the Holding Jurisdiction, including any coronial involvement, discipline etc, as though the prisoner was sentenced in the NT.

• The only exception is the releasing mechanism that must comply with the laws of the sentencing jurisdiction.


PRISONER TO APPEAR IN COURT

• When a Home Jurisdiction knows a Cross-border prisoner is to appear in a Court, that jurisdiction will contact the Holding Jurisdiction to make the arrangements. Video links should be utilised as much as possible.

• If a video link is not possible the Home Authority (at their full cost) will liaise with the Holding Jurisdiction to transport a prisoner to the Court.


RELEASE OF PRISONERS

• It is the responsibility of the Location ( Holding) Authority to arrange and bear the cost of transport arrangements to the Home Jurisdiction (community) of the prisoner (not just to the border).

• The Location Authority will liaise with the Home Jurisdiction with respect to the release of a prisoner.

• It is the responsibility of the Home Authority to calculate and advise on sentence length and release dates.

• Any Community Corrections supervision is to be arranged with Community Corrections in the Location Jurisdiction, who will advise the Home Jurisdiction.


PAROLE ISSUES (1)

• The Parole Notification Reports requested by a Home Jurisdiction will be provided within 8 weeks of a hearing. This is the same for all three jurisdictions.

• The Home Jurisdiction (that sentencing was under) will determine Parole – not the one where the prisoner is being held – this is compliant with sovereignty.

• The protocols of Prisons and Community Corrections will dictate costs and processes of these arrangements and Prisons and Community Corrections Officers should meet to make themselves familiar with the relevant laws.


PAROLE ISSUES (2)

Breaches of Parole

• If the prisoner is arrested on a Revocation or Breach of Parole the prisoner is to be held in the jurisdiction where they were arrested.

• The Liaison Officers will then discuss the holding arrangements for the prisoner in accordance with the normal process for the holding of prisoners under the Cross-border Justice Scheme.


IMPACTS FOR COMMUNITY CORRECTIONS

• Community Corrections have for many years worked routinely across borders in co-operation with other jurisdictions.

• The Cross-border Justice law means that it is no longer just a ‘favour’; it is now legal that one jurisdictions can supervise an offender on behalf of another jurisdiction.


COMMUNITY CORRECTIONS

Duties of Community Correction officers may include:

• monitoring and supervision of offenders;• supervision of interstate orders;• pre-sentence assessments and reports;• supervision of parole and re-entry release orders;• pre-release planning for prisoners and parole reports;

and• supervision and co-ordination of community service

orders, work orders, and work and development orders.



• Community Correction officers in each participating jurisdiction will be authorised to supervise, and deal generally with matters concerning interstate offenders ie. from anywhere within the cross-border region.

• Community Correction officers will be able to liaise outside their home state for the purpose of supervising offenders or carrying out other duties related to

community-based sentences.



Key principle:

On-going communication,

co-ordination, and

consultation

between the home state and the supervising state.


EVALUATION

• The Cross-border Justice Act legislation requires the implementation of the Scheme to be formally evaluated after three years of operation.

• The University of Tasmania conducted this evaluation in 2012 and 2013.

• A copy of the evaluation is available upon request from the Cross-border Justice Scheme website.


PROJECT EXECUTIVE GROUP

• A Project Executive Group (PEG), with senior representation from all jurisdictions oversee the Cross-border Justice Scheme and meet bi-annually.

• The PEG oversee the operation of the scheme with feedback from specific working groups.


CROSS-BORDER WORKING GROUPS

There are cross-jurisdictional working groups for:• Police• Prisons• Community Corrections• Juvenile Justice • Courts. Senior officers meet bi-annually or as required to

monitor/review and amend (if required) protocols or

processes upon advice from operational staff.


FURTHER INFORMATION AND LEGISLATION

• Northern Territory Cross-Border Justice Act 2009: see www.nt.gov.au/dcm/legislat/

• South Australia Cross-border Justice Act 2009: www.legislation.sa.gov.au

• Western Australia Cross-border Justice Act 2008: www.slp.wa.gov.au/legislation


THE CROSS-BORDER JUSTICE SCHEME

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