Process

3. Compliance 
This refers to the period during which both the Court and the accused have an 

opportunity to decide if the accused is able, prepared and willing to be 

compliant in following a lengthy judicially monitored court program. 
While an accused may withdraw from the program at any time, this stage helps

ensure that an accused is ready to commence the program. 

4. Acceptance into Program
At this stage, the accused formally, in writing, applies to the court for entry into 

a program. The application contains an acknowledgement by the accused of a

mental illness or intellectual disability, that treatment including medication if 

required is necessary and a consent to follow any treatment plan. 
The court may require a further period of time to elapse to ensure that the 

accused is fully ready and able to embark on a program. If the court accepts

the application, the accused enters the next phase. 

PROGRAM PHASE
On acceptance the accused commences the Program Phase. The accused is

placed on conditions contained in an undertaking to the Court. The conditions

require the accused to follow a specifically designed program. Often the 

program basics have already been set in place during the earlier stage. It also

contains conditions dealing with residency, curfew, finances, reporting 

requirements and abstinence from alcohol and illicit drugs. 

The accused returns to court every two weeks for review. Sanctions and 

incentives may be used for correction and encouragement. Sanctions range 

from increased frequency of court appearances to oral reprimands by the judge.

Incentives range from less frequent court appearances, relaxation of restrictions

to praise from the judge. 

Graduation is celebrated in court on successful completion of this phase. The 

charges are withdrawn or a non-custodial sentence is imposed.