If you have been charged with a criminal offence you may be eligible for the Criminal Justice Diversion Program – a diversion. Show
While a diversion is aimed at first time offenders, it does not exclude someone with prior convictions. However, a may take prior convictions into consideration when determining the suitability of a diversion. The completion of a diversion has many benefits including the avoidance of a criminal record. It also allows for the participation in counselling and / or treatment to reduce the likelihood of reoffending. Where a charge involves a victim, the Magistrates’ Court seeks their view of the matter. This may include:
The victim does not have to respond but is entitled to express a view by letter or in person on the day of the hearing. If requested, the Magistrates’ Court will inform the victim of the outcome of the hearing. See the victims of crime page for more information. The steps below outline the diversion process. It does not cover all situations. STEP 1 – Confirm if a diversion is availableThe prosecution – generally the police officer that issued the charge - must agree to a diversion. Acknowledgement and responsibility of the offence is required. The prosecution can be contacted to discuss the possibility of a diversion. The charge and will list the contact details of the police officer that issued the charge. If the prosecution recommends a diversion, a diversion notice will be served on you. The court will also receive a copy confirming the prosecution’s consent for a diversion. Ensure the court has its copy before the first court hearing – called the . STEP 2 – Attend courtYou must attend court on the date listed on the charge and summons. When you arrive at court, go to the registry and ask to speak to the about your diversion notice. Before the mention hearing, a registrar will ask you to complete a questionnaire and interview you. This helps the court decide if a diversion is appropriate and identify services that may address the offending behaviour. The registrar may speak with the victim to see if they agree with the diversion and if any restitution is sought. The court may send the questionnaire before the mention hearing if the diversion notice was received more than seven days in advance. STEP 3 – Judicial officers’ decisionThe matter will proceed to a judicial officer for a decision after the questionnaire and interview are complete. The decision will be heard in court. If a diversion is granted, the judicial officer will outline a set of conditions that must be completed as part of a diversion plan. Conditions may include:
The matter is then adjourned and a return court date set - called the completion hearing – to allow for the completion of the conditions. If a diversion is not granted, the matter will be referred to the general listings of the court. STEP 4 – Follow the diversion planIt is important to follow your diversion plan. Prior to the completion hearing, documentation should be provided to the court to prove all conditions of the diversion plan have been completed. If documentation is not provided, attendance at a completion hearing may be required. At the hearing, a will hear evidence that the diversion plan has or has not been completed. What happens next?If the conditions of the diversion plan are complete, the charges are dismissed with no finding of guilt and recorded in a similar way to an official warning. No criminal record will be recorded. If the conditions of the diversion plan are not complete, the matter will be referred for a further court hearing. All information regarding the diversion will also be removed from the court file. For more information about the Criminal Justice Diversion Program, contact your nearest court.
In order to continue enjoying our site, we ask that you confirm your identity as a human. Thank you very much for your cooperation. If the magistrate agrees that you are eligible for diversion, you will be put on a diversion plan. You must follow certain conditions in this time. You might have to:
If you follow the conditions of your diversion plan, the police drop the charges and there will be no finding of guilt. That means no criminal record. A diversion plan usually goes for a year. EligibilityYou will be eligible if:
Other factorsIf you are eligible, the informant (usually the police officer who charged you) will need to give you a diversion recommendation. Then the magistrate will need to decide to grant diversion. As a general rule, they will do this if:
You cannot get diversion for driving offences such as:
Demerit pointsIf you are accepted for diversion you will still get any demerit points for any driving offences. VicRoads looks after the demerit points system, not the Magistrates’ Court. How do I ask for a diversion when I go to court?Accept responsibilityBefore doing anything, you must accept that you were responsible for the offence. This does not mean that you are pleading guilty. But it does mean that you are going before the magistrate saying that you know you did something wrong. If you are granted diversion and you stick to the conditions, there will be no finding of guilt. That means no criminal record. Tell the counter staff that you are asking for diversionGo to the court counter and tell the staff there that you are going to ask the magistrate to adjourn (put off) your case so you can ask the informant for a diversion recommendation. The staff will send your file into the courtroom. This lets the magistrate know that your case can be heard. Stay close to the courtroom or go in there and wait for your name to be called. This may take a while. Make sure you bow to the magistrate as you go into the courtroom. In courtWhen your name is called, go to the bar table. Go to the opposite end of the table from the police prosecutor. Stand when you speak to the magistrate. The charge is read and you make your request. The court clerk calls out your name you stand at the bar table. Tell the magistrate that you would like to ask for a diversion. The magistrate may adjourn the case so you can ask the informant for a diversion recommendation. This is not the same thing as being granted diversion. There are still a few steps to go. This is very important. The informant must agree to recommend you for diversion. If the informant has not already made a diversion recommendation you or your lawyer can write a letter asking for this. The details of the informant should be in the charge sheet. Note: sometimes the informant will serve a diversion notice on you at the same time as you were served the police brief. If the informant is at court, they will have a copy of the diversion notice and your matter can go straight to a diversion hearing. Go to the diversion counter and ask for your matter to go ahead for a diversion hearing. It may be helpful to include:
The informant will file a diversion notice with the court. This lets the court know that the police have recommended diversion and that the court can book you in for a diversion hearing. At this hearing, the magistrate decides whether they agree with the police and will agree to grant you diversion. Before coming back to court, get any paperwork that you can to back up what you have said in your letter. Bring this to court. Going back to courtA diversion co-ordinator will interview you before the diversion hearing. They may talk through some things that you may be asked to do if you are on the diversion program. When you go into the courtroom for the hearing, the magistrate or registrar reads the statement of alleged facts. Usually they will decide whether to grant you a diversion ‘on the papers’. This means that you will not need to be there while they read the paperwork. The magistrate also reads any supporting materials such as:
If the magistrate agrees to grant you diversion, they will tell you the conditions of your diversion program. If they decide not to grant diversion, you may get a chance to talk to them directly in a hearing. If you have a lawyer, they may be able to talk for you. If there was a victimA victim could be someone who was injured or someone who had something stolen from them. The diversion staff will have written to the victim to find out if they want you to get diversion. If the victim does not want this, you may not get diversion. If the victim does not say anything, you may still be granted diversion. Your matter is put back into the court system. This means you have to go back to court for another hearing. You will need to think about pleading guilty or pleading not guilty. What happens if I do not stick to the conditions of my diversion program?Your matter is put back into the court system. You will have to go back to court. The magistrate may put you back into the diversion program if you can show that you have now completed all parts of it. If the magistrate does not agree to put you back onto diversion, then you must decide if you are pleading guilty or not guilty to the original charges and to breaching the diversion plan. Print this page |