‘+ abit more about yourself. For example, what job you are doing, where you are living ‘+ that you have already paid or are wiling to pay for any loss or damage suffered by the victim ‘= that this behaviour is out of character. For example, you Were affected by drugs, alcohol or both at the time of the offence * your prior convictions, if you have any * that you are unlikely to break the law again * that you understand that there may be conditions like {drug education or anger management counselling and ‘you are confident you wil stick to these conditions ‘+ that a criminal record would have a very bad effect on your future. For example, you are young and a criminal record would make it harder to get jobs in the future, What happens if the informant agrees? The informant wl file a diversion notice with the court. This lets the court know thatthe police have given a diversion recommendation. The court can book you in for a diversion hearing Before coming back to court, get any paperwork that you can to back up what you have said in your letter. Bring this with you to court Sometimes the informant will have served you a diversion notice atthe same time as you were served the police brief. If the informant is at court today, they will have a copy ofthe diversion notice. Your matter can go straight to a diversion hearing today unless a victim was involved in your charges. What is a diversion hearing? ‘At this hearing, the magistrate decides whether they agree with the police and whether they agree to give you diversion. What happens at a diversion hearing? You check in ‘Arrive early. Go tothe diversion counter and give your name to the court staff. You may have to fil ina form. Attach any Paperwork. For example, character references. The diversion co-ordinator interviews you The Magistrates’ Court has diversion co-ordinators working at all courts. They will interview you before the diversion hearing They may tak you through some things that you may be asked to do if you are placed on a diversion plan. The diversion hearing happens The magistrate or registrar reads the statement of alleged facts. Usually they will decide whether to grant you a diversion ‘on the papers’. This means that you will nt need to be there while they read the paperwork ‘The magistrate also reads any supporting materials such as: ‘+ receipts showing you have paid for damage you caused ‘= reports from doctors or counsellors you have seen * cerificates or awards that show how well you have done at school or in a sports or recreation activity * character references from people who know you well Ifthe magistrate agrees to grant you diversion, they will tell you the conditions of your diversion program. If they decide not to grant diversion, you may get a chance to talk to them directly in a hearing, if you have a lawyer, they may be able to talk for you. What if there was a victim? victim could be someone who was injured or someone who had something stolen from them. The diversion staff will have written to the victim to find out if they want you to get diversion. Ifthe victim does not want this, you may not get, diversion. Ifthe victim does not say anything, you may be given diversion. What if the informant or magistrate do not agree to diversion? Your matter is put back into the court system. This means you have to go back to court for another hearing. You will need to think about pleading guilty What happens if | do not stick to the conditions of my diversion plan? ‘Your mater is put back into the court system. You will have to {90 back to court. The magistrate may put you back onto a diversion plan if you can show that you have now done all parts of it Ifthe magistrate does not agree to put you back onto diversion, then you must decide if you are pleading guity or ‘ot guilty tothe original charges and to breaching the diversion plan What do these words mean? We explain what the bold words mean in the ‘Legal words’ section of our website www legalaid vic gov.au, What other fact sheets might be useful? Criminal records, Pleading quit, Pleading not guity, What I want fo say in court and Whiting a character reference, Where to get help Magistrates’ Court Diversion Co-ordinators Contact your local Magistrates’ Cour. Website: www mev.vie.gov.au/ Victoria Legal Aid Free information about the law and how we can help you! ‘Tel: 1300 792 387, Monday to Friday, excluding public holidays Website: vanw.legalaid.vic.gov.au {© 2019 Victoria Legal Ad. This work's lensed under a Creative Commons Atibuton 40 lence htp/creatvecormons orgiicensesfyl4 The iene Goes not _2pply 0 any images, photograps or branding inuding te Victoria Legal A ogo