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- A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with.
www.law.cornell.edu/wex/diversiondiversion | Wex | US Law | LII / Legal Information Institute
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Feb 3, 2020 · These conclusions offer support for the overall argument that both the political sensitivities associated with young people’s problematic behaviour, and what might be termed the economics of law and order, are highly influential in shaping policy and practice in the field of diversion.
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Oct 27, 2023 · Diversion is a term that can refer to several different concepts and has no fixed meaning in the law in England and Wales. The two most common concepts are diversion from court and diversion at...
In this series, we have examined what diversion is and what it is not, the four primary purposes of diversion, whether diversion contributes to public safety, and how the “what works” research can be used to determine who should be
- Summary
- The evidence on pre-court diversion
- Promising practice principles
- Our support
- Purpose of this briefing
- Defining pre-court diversion
- Search strategy
- Strength of evidence
- Promising practice principles
- Avoid net-widening
- Keep eligibility criteria broad
- Consider the impact of formal admissions of guilt on eligibility and participation
- Avoid ‘overdosing’ with overly intensive interventions
- Work in partnership
- Support
Pre-court diversion seeks to offer a swift and meaningful response to low-level offending. The approach has been long recognised as a significant part of the youth justice system. Recently, interest in pre-court diversion for arrested adults has been re-awakened, with the Lammy Review recommending trials of new forms of ‘deferred prosecution’ and r...
We reviewed the available research on pre-court diversion from a number of common law countries. We found that, when implemented properly: There is strong evidence internationally, and moderate evidence from the UK, that pre-court diversion reduces reoffending; There is moderate evidence that pre-court diversion reduces the costs to the criminal ju...
Drawing on the specific evidence base on diversion, and on the body of research around effective practice with offenders, we have identified a number of promising practice principles which we consider will foster effective practice. These principles are a ‘first draft’: intended to be a useful guide but to be adapted and amended as more research be...
The Centre for Justice Innovation is working to support the development of pre-court diversion schemes for adults. We are working with areas currently delivering, and interested in developing pre-court diversion to create a community of practice, deliver practice-sharing opportunities, and codify evidence-led practice. Please get in touch with Carm...
Due to the renewed interest in pre-court diversion and the apparent diversity of practice, the Centre for Justice Innovation has undertaken a rapid review of the published research. In this evidence briefing, we seek to answer the following questions: What is the evidence that pre-court diversion works? Does pre-court diversion work specifically fo...
The term ‘diversion’ is used to describe a wide range of models across the criminal justice system, from initiatives that seek to keep ‘at risk’ individuals out of the criminal justice system altogether to those that provide an alternative to custody. As we define it, pre-court diversion seeks to offer a swift and meaningful response to low-level o...
We conducted a rapid assessment of the research literature on pre-court diversion to assess what is known about the impact of the approach. To undertake this task, we searched the Web of Science Social Sciences Citation Index and Google Scholar for articles matching the following search terms: ‘adult diversion’, ‘prosecutor-led diversion’, ‘prosecu...
We have attempted to systematically codify the evidence we found to give the reader a clear understanding of the relative strength of the studies we have assessed. In interpreting our findings, readers should bear in mind that the impact of any intervention is determined by the context in which it is implemented. We should be cautious about assumin...
In reviewing the research literature on pre-court diversion, we have developed promising practice principles that pre-court diversion schemes should adopt. These principles are intended to be a useful guide and to be adapted and amended as more research becomes available.
Practitioners and policymakers should avoid creating pre-court diversion schemes that net-widen, i.e. that draw individuals further into the criminal justice system than they otherwise would have been. The Ministry of Justice two-tier out of court disposal pilot evaluation showed that, contrary to the principle of de-escalation, people who would ha...
At present, there is not enough evidence for us to comprehensively state for which offences pre-court diversion is and is not effective. However, there is some evidence from existing schemes that overly strict eligibility criteria regarding the number and types of offences can lead to very low referral numbers. We recognise that, in the absence of ...
There is reason to believe that pre-court diversion schemes which do not require people to admit guilt to be eligible for diversion may help address disproportionate outcomes for those from Black Asian and Minority Ethnic (BAME) backgrounds.40 Pre-court diversion schemes that do not require a formal admission of guilt and only require individuals t...
The pre-court diversion cohort will, in most cases, primarily be made up of individuals with a relatively low risk of reoffending. It has been repeatedly demonstrated that employing intensive treatments intended for high-risk or persistent offenders on low-risk offenders (‘overdosing’) may backfire, leading to further offending. The principle of pr...
Unsurprisingly, successful pre-court diversion requires agreement of all partners as to the underlying philosophy of the scheme and the resulting interventions. For example, in the context of drug diversion, we found evidence that where there is no such agreement on philosophy (say harm minimisation rather than abstinence), the effectiveness of the...
The Centre for Justice Innovation is funded to support the development of adult pre-court diversion schemes. We are working with those currently delivering, as well as interested in developing, pre-court diversion. We help support schemes and spread effective practice. Briefly, we are: Creating a community of practice, by mapping existing schemes, ...
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Jan 23, 2024 · Diversion could be conceptualized in terms of a reduction of the severity of the sanction applied in criminal justice proceedings, such as the replacement of custody with a community-based alternative, or in terms of a decision not to prosecute someone for a particular offense.
What Is Diversion? The Purposes of Diversion. Do Diversion Options Put Public Safety at Risk? Using the “What Works” Research to Determine Who Should Be Considered for Diversion. Diversion Opportunities at Key Justice System Decision Points. Author: Madeline M. Carter, Principal, Center for Effective Public Policy.
Diversion, any of a variety of programs that implement strategies seeking to avoid the formal processing of an offender by the criminal justice system. Although those strategies, referred to collectively as diversion, take many forms, a typical diversion program results in a person who has been.
