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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...
- 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...
Diversion from prosecution is a formal decision by the Procurator Fiscal. On receipt of a police report the Procurator Fiscal can choose to divert the young person to a local social work team or other service provider. The provider should have specific expertise in working with young people.
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What is diversion? While the offer of youth diversion is an effective alternative to receiving a statutory out of court disposal, or going to court, it can be a confusing and overwhelming experience for children and their family.
Diversion from prosecution is a process by which the Crown Office and Procurator Fiscal Service (COPFS) are able to refer a case to social work – and their partners – as a means of addressing the underlying causes of alleged offending when this is deemed the most appropriate course of action.
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.
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Defining pre-court diversion. The term ‘diversion’ describes a wide range of models across the criminal justice system, from initiatives that aim to keep ‘at risk’ people out of the criminal justice system altogether, to those that provide an alternative to custody.
