eer) BY —TesTe)g) This fact sheet explains what diversion is and how you might get it What is diversion? Being on a diversion plan (diversion) is a way to deal with your matter out of the court system. It gives you a chance to avoid a criminal record. You must stick to certain conditions when you are on. diversion. You might have to: + write a letter of apology to the victim + get counselling ‘= do an education course ‘© do community work If you stick to the conditions, the police drop the charges and there will be no finding of guilt. This means no criminal record. A diversion plan usually goes for six months to a year. Generally, you can only get diversion if you have no criminal history and you have been charged with minor offences. Am [ eligible? You will be eligible if: + your offence can be heard in the Magistrates’ Court ‘= your offence does not have a minimum or fixed penalty ‘= you agree that you did the offence. Who do | ask? Ifyou are eligible, you have to ask the Informant for a diversion recommendation. Then the magistrate has to decide to grant diversion. As a general rule, they will do ths if + this is your first offence + the offence is not too serious. For example, it might be a shop theft or careless,driving offence You cannot get diversion fgr driving offences such as: * excessive speed © drink-driving or drug-driving + refusing to do alcohol- or drug-testing Demerit points Ifyou are able to do diversion, you will stil get any demerit points for any driving offences. VicRoads looks after the demerit points system, not the magistrate. O Victoria Legal Aid March 2019 How do | ask for diversion today? Accept responsibility Before doing anything, you must accept that you did the offence. This does not mean that you are pleading guilty. But it does mean that you are going before the magistrate saying that you know you did something wrong, Tell the court staff you are asking for diversion Go to the court counter and tell the court staff that you are. going to ask the magistrate to adjoum (put off) your case so you can ask the informant for a diversion recommendation. The staff will send your fle into the courtroom. This lets the magistrate know that your case can be heard. Wait near or inside the courtroom You need to be close by so you can hear your case being called. This may take a while. Whenever you go into or leave the courtroom, bow to the magistrate. Your case is called When your name is called, go to the bar table. The prosecutor will be at one end of the bar table. You stand at the opposite end You make your request Tell the magistrate that you would like to ask for diversion. ‘The magistrate may adjoum the case so you can ask the informant for a diversion recommendation. Next steps There is more to go. Today you are asking to adjourn your case, The magistrate may let this happen. This is not the ssame thing as being granted diversion. How do | ask for a diversion recommendation? If the informant has not already made a diversion recommendation, you or your lawyer can write a letter asking for this. The details of the informant should be on the charge sheet. In your letter, you can include: ‘an introduction saying who you are and what your offence is. ‘= that you are writing to ask the informant for a diversion recommendation ‘+ whether you have already apologised to the victim