sec.135CEligibility criteria for participation in scheme

### sec.135C Eligibility criteria for participation in scheme A defendant who is an adult is eligible for participation in the scheme if the court is satisfied that— the defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and the alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and the facts constituting the alleged offence are not otherwise charged as an indictable offence; and the defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and the defendant has been granted bail in relation to the alleged offence; and another domestic violence order or police protection notice has not previously been made or issued against the defendant; and the defendant has not previously been convicted of any of the following offences committed when the defendant was an adult— an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or any other offence involving domestic violence; and the defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and the defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F . However, despite subsection (1) (b) , the court may decide that the defendant meets the eligibility criteria if— the defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and the charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and The defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day. the defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and the defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and the defendant has been granted bail in relation to the other offence or offences. If subsection (2) (a) to (e) applies, a reference to the alleged offence in another provision of this part includes a reference to the other offence or offences. Despite subsection (1) , the court may decide that the defendant is not eligible for the scheme, having regard to— the seriousness of the conduct constituting the alleged offence or other offence or offences; and the defendant’s criminal history and domestic violence history. If the defendant does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of the fact. s 135C ins 2024 No. 5 s 40 amd 2025 No. 18 s 25 (sec.135C-ssec.1) A defendant who is an adult is eligible for participation in the scheme if the court is satisfied that— the defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and the alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and the facts constituting the alleged offence are not otherwise charged as an indictable offence; and the defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and the defendant has been granted bail in relation to the alleged offence; and another domestic violence order or police protection notice has not previously been made or issued against the defendant; and the defendant has not previously been convicted of any of the following offences committed when the defendant was an adult— an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or any other offence involving domestic violence; and the defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and the defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F . (sec.135C-ssec.2) However, despite subsection (1) (b) , the court may decide that the defendant meets the eligibility criteria if— the defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and the charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and The defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day. the defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and the defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and the defendant has been granted bail in relation to the other offence or offences. (sec.135C-ssec.3) If subsection (2) (a) to (e) applies, a reference to the alleged offence in another provision of this part includes a reference to the other offence or offences. (sec.135C-ssec.4) Despite subsection (1) , the court may decide that the defendant is not eligible for the scheme, having regard to— the seriousness of the conduct constituting the alleged offence or other offence or offences; and the defendant’s criminal history and domestic violence history. (sec.135C-ssec.5) If the defendant does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of the fact. - (a) the defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and - (b) the alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and - (c) the facts constituting the alleged offence are not otherwise charged as an indictable offence; and - (d) the defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and - (e) the defendant has been granted bail in relation to the alleged offence; and - (f) another domestic violence order or police protection notice has not previously been made or issued against the defendant; and - (g) the defendant has not previously been convicted of any of the following offences committed when the defendant was an adult— (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or (ii) any other offence involving domestic violence; and - (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or - (ii) any other offence involving domestic violence; and - (h) the defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and - (i) the defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F . - (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or - (ii) any other offence involving domestic violence; and - (a) the defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and - (b) the charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and Example— The defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day. - (c) the defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and - (d) the defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and - (e) the defendant has been granted bail in relation to the other offence or offences. - (a) the seriousness of the conduct constituting the alleged offence or other offence or offences; and - (b) the defendant’s criminal history and domestic violence history.