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Diversion


A successful diversion outcome can help you avoid a criminal record, protecting your professional reputation, travel prospects and future employment opportunities.

At Paul Vale Criminal Law, our lawyers provide clear advice for people seeking diversion in the Magistrates’ Court of Victoria. Diversion applications require careful preparation and a compelling presentation of your personal circumstances, remorse and suitability for the program. In many cases, the outcome depends on how thoroughly the application is prepared and how effectively it is presented to the court.

Diversion


A successful diversion outcome can help you avoid a criminal record, protecting your professional reputation, travel prospects and future employment opportunities.

At Paul Vale Criminal Law, our lawyers provide clear advice for people seeking diversion in the Magistrates’ Court of Victoria. Diversion applications require careful preparation and a compelling presentation of your personal circumstances, remorse and suitability for the program. In many cases, the outcome depends on how thoroughly the application is prepared and how effectively it is presented to the court.

Diversion

What is Diversion?

The Victorian Criminal Justice Diversion Program gives eligible offenders an opportunity to accept responsibility for their offending, benefit the community and avoid a criminal record.

Eligibility

To be considered for Diversion:

  • you must acknowledge responsibility for the offence
  • your matter must not include a charge punishable by a fixed minimum sentence

Process

There are three main steps in the Diversion process:

  • Victoria Police recommend Diversion
  • you agree to undertake Diversion
  • a Magistrate approves Diversion

Eligibility

After Court

If the court grants Diversion, it will adjourn your matter to a future date. You must then complete all conditions set by the Magistrate and notify the court when you have done so. Once you complete all conditions, the court will discharge the matter without a finding of guilt and without a police record.

Why do I need a Solicitor?

Diversion is not guaranteed, even if the Informant recommends it from the beginning. The Magistrate still makes the final decision.

In some matters, police may not recommend Diversion straight away. In those cases, a solicitor can help present your circumstances properly and seek a more favourable outcome. A solicitor can also guide you through the process from start to finish and improve your prospects of resolving the matter by way of Diversion.

Read up on some of our past criminal law cases studies.

Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.