Key Takeaways
- Diversion programs allow eligible individuals to resolve criminal charges outside the formal court process and avoid a criminal record if conditions are met.
- To qualify for a diversion program, the offence must be eligible for the Magistrates' Court, not have a mandatory penalty, and the offender must accept responsibility.
- The diversion process includes requesting a diversion, obtaining a police recommendation, and attending a diversion hearing where conditions are outlined.
- Compliance with the diversion program is crucial; non-compliance may result in a return to court and additional penalties.
- Resources like Victoria Legal Aid and Community Legal Centres are available to assist individuals with the diversion process and legal advice.
Diversion programs provide eligible individuals with an opportunity to resolve criminal charges outside the formal court process. Successfully completing a diversion program allows individuals to avoid a criminal record, provided they meet specific conditions set by the court.
What is a Diversion Program?
A diversion program is an alternative resolution process for certain offences, aiming to rehabilitate offenders and prevent future incidents. It involves compliance with a diversion plan, which may include:
- Writing an apology letter to the victim.
- Attending counselling (e.g., anger management, drug, or alcohol treatment).
- Completing educational courses (e.g., defensive driving, drug awareness).
- Making donations to charitable organisations.
- Performing community service.
If all conditions are met within the specified timeframe (typically up to 12 months), the charges will be dropped, and no conviction will be recorded.
Eligibility Criteria
To qualify for diversion, the following conditions must be met:
- The offence must be eligible to be heard in the Magistrates’ Court.
- The offence must not have a mandatory minimum or fixed penalty.
- The offender must accept responsibility for their actions (without necessarily pleading guilty).
Factors Considered for Diversion Approval
Even if eligibility criteria are met, the following factors may influence whether diversion is granted:
- The nature and seriousness of the offence, such as:
- Minor property damage
- Shoplifting
- Minor drug offences
- Careless driving
- Whether it is a first-time offence.
- Willingness to comply with the conditions of a diversion program.
Ineligible Offences:
Diversion is not available for:
- Excessive speeding.
- Drink or drug driving offences.
- Refusal to undertake alcohol or drug testing.
Key Considerations
- Demerit Points: If your diversion relates to a driving offence, you may still receive demerit points, as these are managed by VicRoads and not the court system.
- Breach of Bail Conditions: Bringing prohibited items to court may breach bail conditions and result in additional charges.
The Diversion Process
Step 1: Requesting Diversion
- Accept Responsibility: Acknowledge your involvement in the offence without formally pleading guilty.
- Inform Court Staff: Notify court counter staff that you wish to request diversion.
- Court Appearance: Attend your scheduled hearing, where the magistrate may adjourn the matter to allow you to seek a diversion recommendation from the police informant.
Step 2: Seeking a Police Diversion Recommendation
If a diversion recommendation has not been issued, you or your lawyer can formally request one by writing to the police informant. The request should include:
- Your name and details of the offence.
- A statement accepting responsibility.
- Details of restitution or apology to the victim.
- Any personal circumstances (employment, education, financial hardship).
- A commitment to comply with the diversion conditions.
- Explanation of the impact a criminal record may have on your future.
If the informant agrees, they will submit a diversion notice to the court, allowing the process to proceed.
Step 3: The Diversion Hearing
Before the hearing, a diversion coordinator will assess your situation and discuss potential conditions with you. During the hearing, the magistrate will consider:
- The police summary of facts.
- Supporting documents, such as:
- Receipts for restitution payments.
- Reports from healthcare professionals.
- Certificates of completed programs.
- Character references from employers, teachers, or mentors.
If approved, the magistrate will outline the terms of your diversion plan.
Consequences of Non-Compliance
Failure to adhere to the conditions of your diversion program may result in your case returning to the court system. The magistrate may:
- Reinstate the diversion if you can demonstrate compliance.
- Require you to enter a plea of guilty or not guilty.
- Impose additional penalties if the diversion is revoked.
Victim Involvement
The views of victims involved may be considered. If a victim objects to diversion, the magistrate may refuse the request. If there is no objection, diversion may still be granted at the magistrate’s discretion.
Key Legislation
Diversion programs are governed by key legislation, including:
- Criminal Procedure Act 2009: Outlines procedures for handling cases in the Magistrates’ Court, including diversion programs, allowing certain offences to be resolved outside the court system.
- Sentencing Act 1991: Provides sentencing options, including diversion, to promote rehabilitation and reduce reoffending.
- Road Safety Act 1986: Governs road safety laws and penalties, outlining conditions for diversion eligibility in minor traffic offences.
Resources and Support
If you require assistance navigating the diversion process, the following resources can provide support:
- Victoria Legal Aid: Provides free legal assistance to individuals facing criminal charges, including advice on eligibility for diversion programs, representation in court, and assistance with preparing documentation.
- Community Legal Centres: Offer support and advocacy to those dealing with legal issues, providing guidance on diversion processes, rights, and responsibilities, and linking individuals to relevant services. Find a community legal centre near you: Federation of Community Legal Centres.
- Department of Justice and Community Safety: Supplies information on criminal justice processes, including diversion program criteria, court procedures, and available support services to help individuals navigate the system effectively.
Conclusion
Diversion programs offer individuals the chance to address minor offences without a criminal record, helping them move forward without the burden of a conviction. These programs promote rehabilitation and provide an opportunity for personal and professional growth. If you believe you are eligible, it is essential to act swiftly and seek legal advice to navigate the process effectively.
For expert legal guidance on diversion applications and other legal matters, contact Pentana Stanton Lawyers. Our dedicated legal team provides tailored support to help you achieve the best possible outcome. Schedule a consultation today and take the first step towards resolving your legal matters efficiently.
