A statistical profleOctober 2008Geo Fisher
Where the conditions are not completed, the matter is reerredback to the court as i it were the case’s rst listing. However,under section 128A the magistrate must consider the extent towhich the deendant complied with the diversion plan.Figure 1 shows the stages in the diversion process romreerral to completion, along with the numbers o oendersat each stage in 2006–07. As is evident, the majority o deendants who had a diversion hearing received a diversion plan(81.4%), and the vast majority o diversion plans were completed(91.3%).
Figure 1:Number o deendants at each stage o the diversionprocess, 2006–07
Defendant either decides s/he does not wish to undertake diversionor does not appear at diversion hearing.
Percentage of referrals.
Percentage of diversion hearings.
Percentage of defendants accepted for diversion.
Percentage of total referrals.
Diversion and Sentencing
This section places the use o diversion plans in a sentencingcontext,
rstly by comparing the percentage o deendants whoreceived diversion plans with the percentages who receivedvarious types o sentences, and secondly by examining thepercentage o deendants who received a diversion plan inrelation to their oending and demographic characteristics. Alldata are rom the 2006–07 nancial year and were obtainedrom Court Support and Diversion Services and Courtlink in theDepartment o Justice Victoria.
Figure 2 shows the percentage o deendants who received adiversion plan and various sentence types in the Magistrates’Court in 2006–07. Diversion plans were imposed on 5,147deendants
and, at 7.2 per cent, they were the third mostcommonly used disposition, behind nes (59.1%) and adjournedundertakings (9.4%).
Figure 2:Percentage o deendants who received a disposition in theMagistrates’ Court according to disposition type, 2006–07
F I N A D U D I V W S S C B O I M P I C O D I M C A D P S S D E T
P e r c e n t a g e
Acronyms:FIN = neADU = adjourned undertakingDIV = diversion plan WSS = wholly suspended sentenceCBO = community-based order IMP = imprisonmentICO = intensive correction order DIM = dismissedCAD = convicted and dischargedPSS = partially suspended sentenceDET = youth justice centre order
A primary consideration or a magistrate when sentencing anoender, or adjourning a matter under section 128, is the oenceor which the person has been ound guilty or or which thedeendant has acknowledged responsibility.This section examines the percentage o deendants who receiveda diversion plan according to ve broad categories into which their principal oence ell (oences against the person, property oences, trac oences, drug oences and other oences).
As Figure 3 shows, deendants who received a disposition or property oences were most likely to receive a diversion plan(14.4%) ollowed by oences against the person (10.2%) and drugoences (7.9%), while trac oences were least likely to receivea diversion plan (3.4%). Because the volume o trac oenceswas so high (34,211), their percentage translates into a substantialnumber o diversion plans.
Figure 3:Percentage o all deendants who received a dispositionin the Magistrates’ Court that received a diversion planaccording to principal oence, 2006–07
10.214.43.47.97.70481216Person(n = 6,333)Property (n = 13,343)Trafc(n = 34,211)Drug(n = 3,157)Other (n = 13,915)
P e r c e n t a g e
In terms o sentence types imposed or these oences, nes were the most common or all oence categories, but particularly or trac oences (78.0%) and other oences (58.4%).