What is Diversion?
The Victorian Criminal Justice Diversion Program provides eligible offenders with a unique opportunity to take responsibility for their offending, benefit the community and avoid a criminal record.
To be considered for Diversion the following must occur:
- You must acknowledge responsibility for the offence;
- Your matter must not include a charge punishable by a fixed minimum sentence
There are three main hurdles to overcome in order to be granted Diversion:
- Victoria Police recommend you for Diversion
- You agree to undertake a Diversion
- Approval from a Magistrate
If you are granted Diversion, your matter will be adjourned to a future date. You must complete all conditions set by the Magistrate and notify the Court of their completion. Upon completion of all conditions, your matter will be discharged without a finding of guilt and without a police record.
Why do I need a Solicitor?
Diversion isn’t a guaranteed outcome even when the Informant has recommended you from the outset. The final decision lies with the Magistrate.
There are other occasions where it may take some convincing for the Police to recommend you for Diversion. A Solicitor acting on your behalf will support you through the process from start to finish, ensuring that you are given the best chance possible of having your matter resolved under a Diversion program.
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.