Research suggests that individuals with a mental illness and/or intellectual disability are over-represented at all stages in the criminal justice system. As such, it appears that traditional criminal justice responses may not be as effective with this offender group. Alternative criminal justice processes that have attracted the attention of policymakers are specialist mental health courts and diversion programs. Court-based mental health diversion programs seek to address the underlying causes of criminal behaviour exhibited by offenders with a mental illness and/or intellectual disability by referring them to treatment services such as drug and alcohol counselling.