Diversion is a pre-plea option for eligible offenders in the Magistrates’ Court under the Criminal Justice Diversion Program. Diversion is primarily aimed at first-time offenders. It involves the Magistrates’ Court adjourning (postponing) proceedings for up to 12 months while the person completes a diversion plan.
Diversion Plans
Diversion plans generally involve one or more conditions. These conditions could include completing an education or training course, undertaking counselling or treatment, or compensating the victim.
If the Magistrates’ Court finds that a person has successfully completed their diversion plan, the court will discharge the person without a finding of guilt or a conviction.
A person will be eligible for a diversion plan if they meet certain criteria set out in section 59(2) of the Criminal Procedure Act 2009 (Vic). These criteria include that:
- the person is charged with a summary offence or an indictable offence triable summarily
- the person acknowledges responsibility for the offending
- the Magistrates’ Court considers it appropriate for the person to participate in a diversion program and
- both the prosecution and the person agree to the diversion.
In 2021-22, close to 7% of all outcomes in the Magistrates’ Court involved a diversion plan (Sentencing Advisory Council (2024) The Criminal Justice Diversion Program in Victoria: Second Statistical Profile).
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