Court diversion program improves outcomes for defendants with cognitive impairment

Link to report summary: 

Release date: Wednesday 26 August 2026

A new BOCSAR evaluation has found that the NSW Justice Advocacy Service (JAS) Diversion program significantly increases court diversion, improves access to disability support and reduces reoffending among defendants with cognitive impairment.

The JAS Diversion program supports adult defendants with cognitive impairment to apply for a diversion order under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Section 14 allows Local Court judges to dismiss eligible charges and divert a defendant with cognitive impairment into treatment or support. Operating in six NSW Local Courts, the program provides specialist assessment, advocacy, support planning and connections to disability and community services, including the NDIS.

The BOCSAR evaluation compared 718 JAS Diversion participants with 2,852 similar defendants with cognitive impairment who received less intensive support in courts where the program was not available.

Almost half (48%) of JAS Diversion participants received a Section 14 dismissal, compared with 26% of defendants who did not have access to the program. Overall, participation was associated with an 86% increase in the likelihood of a Section 14 dismissal.

BOCSAR Director Dr Suzanne Poynton said the findings show the program is helping some of the  most vulnerable defendants in the justice system to access the supports they need and achieve better outcomes.

"People with cognitive impairment are significantly overrepresented in the criminal justice system and often face barriers navigating court processes and accessing appropriate support. This evaluation shows that JAS Diversion is helping more people access diversion and connect with disability services”.

The evaluation also found that JAS Diversion participants were:

  • 15% less likely to breach bail conditions during their court case;
  • 17% less likely to receive a supervised community-based order where an offence was proven;
  • sentenced to 44 fewer days in prison, on average;
  • 11% more likely to have an active NDIS plan within a year of receiving support and, on average, received support packages that were 22% higher in value;
  • 16% less likely to reoffend within 12 months of court finalisation, largely due to fewer breaches of court orders.

Dr Poynton said the findings suggest the benefits of the program extend well beyond the courtroom.

"The program not only improves access to diversion, it also helps connect people with the disability supports they need to live safely and independently in the community. Importantly, participants were less likely to return to court in the year following case finalisation, suggesting that addressing underlying support needs can lead to better long-term outcomes for people with cognitive impairment."

For comment please contact:

Suzanne Poynton, Director,  NSW Bureau of Crime Statistics & Research.

Phone: +61 467 483 784
Email: Suzanne.poynton@dcj.nsw.gov.au
Copies of the report: www.bocsar.nsw.gov.au 

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