Diversion lets eligible people, mostly first-time offenders, complete a plan instead of going through the usual court process. If you complete it, the charge is discharged without a finding of guilt.
Key points
- Diversion lets eligible people complete conditions instead of going through a plea or trial; if completed, no finding of guilt is made.
- You must acknowledge responsibility, and the prosecution must consent.
- It is usually for first-time, lower-level offences. It is not available for offences carrying a mandatory minimum penalty, such as most drink-driving offences.
- Conditions can include a donation, an apology letter or a course.
Who is eligible
Under section 59 of the Criminal Procedure Act 2009 (Vic), diversion may be available where:
- the charge can be heard in the Magistrates’ Court;
- you acknowledge responsibility for the offending;
- the prosecution consents; and
- the court considers diversion appropriate.
Diversion is generally not available for offences with a mandatory minimum penalty, such as most offences carrying compulsory licence loss.
How it works
- Your lawyer asks police to consent to diversion and to file a diversion notice.
- A diversion coordinator at the court interviews you.
- A magistrate or judicial registrar decides whether to place you on a plan, usually for up to 12 months.
- Conditions may include a letter of apology, counselling, a course, compensation or a donation.
Why advice helps
Police do not always offer diversion, and a well-made written request explaining your circumstances can change their mind. Acknowledging responsibility for diversion is not a plea of guilty, but it should still be done carefully.
This page is general information about Victorian law, current at the time of writing. It is not legal advice about your situation. Laws and police practices change, so speak with a lawyer about your own matter.