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- The Diversion program allows you to take responsibility for the offence/s you are charged with, but to avoid a criminal record. Who is eligible for the Diversion program? The Diversion program is generally for people charged with a criminal offence for the first time and who are facing a relatively minor charge or charges.
www.criminal-lawyers.com.au/blog/court-process/diversion-how-does-it-work
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What is the diversion program?
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What is a 'diversion scheme'?
What are the benefits of a diversion program?
What are drug offence diversion schemes?
Oct 27, 2023 · Youth diversion can reduce crime, cut costs, and lead to better outcomes for children. Diversion is a term that can refer to several different concepts and has no fixed meaning in the law in...
- What Principles Should A Diversion Scheme Be Based on?
- How Will The Scheme Operate?
- Which Offences Are Covered, and How Is Diversion determined?
- Initial Action at Point of Contact/Offence
- How Are Actions/Sanctions recorded?
- Dealing with Repeat Offences
- Dealing with Youth
- Key Things to Avoid
- Monitoring and Evaluation Framework - Outcomes
Diversion schemes, and guidance to develop them, should be based on the following principles: Key to the success of diversion is avoiding harming someone’s life chances with a declarable criminal record that can negatively impact on employment, education, and other opportunities, and increase the risk of reoffending. Avoid harmful net widening or d...
Any diversion scheme should seek to ensure that people caught for low level drug offences are diverted away from the criminal justice system to an appropriate intervention. For example, police forces could adopt a street warning scheme (like the cannabis warning scheme) or a referral to an education programme similar to a speed awareness course, sh...
Diversion should apply to all those who are caught in possession of a controlled drug for personal use regardless of offending history. Consideration may be given to incorporating low level supply offences where the offender is involved in social supply or supply to support their own drug dependency, this is the approach that has been adopted in Du...
Is the diversion post arrest, or does it avoid arrest altogether? Avoiding arrest is generally preferable as less negative impact on the person concerned, and less police time required. Confiscation/disposal of drugs - normally standard procedure Can initial action be done in the field, or does it have to be done at the station? What is the process...
How are different actions and sanctions processed, and who by? While should be no formal criminal record, it is also key to avoid any record of the intervention appearing during external criminal record checks except in exceptional circumstances.
Most diversion programs in Australia allow repeat offences - but may differ in requirements and responses for further offences. 1. The Bristol Drug Education Programme only allows one offence to be eligible for diversion. 2. TVP scheme concluded one chance was not adequate as many people with drug problems will require more than one engagement with...
There are particular sensitivities around young people, requiring different stakeholder involvement Must make decisions around whether to treat under 18s, or other young people (including up to what age someone qualifies as young) differently. For example, the Bristol DEP has a separate course for under 18s If police already have youth caution or “...
Escalation to criminal charges (e.g. for non-payment of fine, failure in treatment, repeat offences, relapse etc) as this is counterproductive and likely to disproportionately impact most vulnerable Discriminatory application against minority groups and children/young people, or by geography, socio economic status - so an equality impact assessment...
Program penetration, numbers diverted compared to numbers eligible for diversion, by demographic. This is important for assessing if there is discriminatory application, with particular groups being over or under diverted Cost of diversion versus traditional criminal justice response Costs or benefits accruing outside (e.g. to treatment groups, hea...
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, how the “what works” research can be used to determine who should be
Feb 8, 2024 · A diversion program is an alternative sentencing option that allows a defendant charged with certain crimes to avoid a criminal conviction. Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses.
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, how the “what works” research can be used to determine who should be
Mar 19, 2021 · Diversion programs connect individuals to treatment instead of criminal sanctions and are used more frequently to address substance use. This systematic scoping review included 31...
Jul 9, 2021 · The Diversion program is generally for people charged with a criminal offence for the first time and who are facing a relatively minor charge or charges. However, you can still apply for a Diversion if you have a criminal history, especially if it is minor or dated.
