Criminal Diversion Program

The Criminal Diversion Program is available across all Magistrates Courts in Victoria.

It is not available when police charge you with an offence that can be punished by a minimum or fixed sentence or penalty. This includes when authorities cancel or suspend your motor vehicle licence.

The main benefit of the Criminal Diversion Program is that you will avoid a finding of guilty on your criminal record for the offence.

In many cases, magistrates may order some form of rehabilitation or counselling. They may ask eligible candidates to write a letter of thanks to police for recommending Diversion, or a letter of apology to the victim. A magistrate will often impose a contribution to the Court Fund. This will then be given to charities through the Court.

Who can get Diversion?

You can get Diversion for:

• offences that can be heard in the Magistrates Court
• offences that don’t have a fixed penalty or minimum fixed sentence
• when you admit responsibility for the offence; and
• The prosecution (and usually informant) have agreed to Diversion.

If you meet these criteria, then a Magistrate MAY approve any Diversion.

Magistrates may not consider a diversion suitable in the case of a domestic assault or family violence. Similarly, they are unlikely to grant diversion where an accused person already has a criminal history.

However, some exceptions can apply.

If the Magistrate refuses an application for Diversion, the matter will go back to the court.

An informant may or may not recommend a diversion. We have been successful on many occasions obtaining agreement for diversion when it was initially considered inappropriate.

Call Slades & Parsons Solicitors for legal advice to prepare your application, represent you and maximise the chance of success.