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Criminal Justice Diversion Program

The Criminal Justice Diversion Program is governed by Section 59 of the Criminal Procedure Act 2009. The program provides mainly first time offenders with the opportunity to avoid a criminal record by undertaking conditions that will benefit the offender, victim and the community as a whole.

The program operates in all Magistrates’ Courts throughout Victoria.

Benefits

The program provides the following benefits to offenders, victims and the community overall. The program:

• ensures that restitution is made to the victim of the offence if appropriate
• ensures the victim receives an apology if appropriate
• reduces the likelihood of re-offending
• assists offenders to avoid an accessible criminal record
• assists in the provision of rehabilitation services to the offender
• increases the use of community resources to provide counselling and treatment services
• assists local community projects with voluntary work and donations.

Eligibility

The following criteria must be met before a diversion can be recommended:

• the offence is triable summarily
• the offence is not subject to a minimum or fixed sentence or penalty (except demerit points)
• the accused acknowledges responsibility for the offence.

Offences under the Road Safety Act 1986 may be suitable for Diversion. However, demerit points are still recorded with VicRoads for the relevant regulated offences.

Diversion cannot commence without the prosecution’s consent.

Diversion Notice

The filing of a Diversion Notice indicates the prosecution has consented to the Diversion process. The magistrate or judicial registrar must then also deem the accused suitable before the matter may proceed by way of diversion. In the event that the magistrate or judicial registrar determines the case is not suitable for diversion, the charges are referred back to the Mention Court of the Magistrates’ Court.

Court Hearings

Victims

Where a charge involves a victim, the court seeks the victim’s view of the matter. This may include:

• whether the victim agrees with the course of action
• the amount of compensation sought for damage to property
• how the crime has affected the victim.

The court will notify victims of the hearing's outcome, if requested to do so.

Interview

Prior to any appearance before a magistrate or judicial registrar, the diversion coordinator interviews the accused to identify the major issues in the case and to advise the magistrate of judicial registrar of appropriate services for the accused.

In Court

A diversion hearing is conducted in open court before a magistrate or judicial registrar. The magistrate or judicial registrar assesses the suitability of the accused for placement in the Criminal Justice Diversion Program and a Diversion Plan is developed.

The charges are adjourned while the Diversion Plan is undertaken. If the conditions are successfully completed, the charges are discharged with no finding of guilt and the outcome is recorded in a similar manner as a caution. The record is not available to the public, including potential employers.

 

For further information please refer to the Magistrates' Court Guide to Court Support & Diversion Services, or the Diversion brochure which can be accessed via the links in the Publications panel on the right.