Criminal Justice Diversion Program in Victoria
The Criminal Justice Diversion Program is a court-based option in Victoria that allows a person charged with an offence to avoid a criminal conviction. It is available where an accused person is recommended for diversion and accepts responsibility for their offending, whether the matter involves a summary offence or an indictable offence.
Ultimately, the decision to grant diversion is made by a Magistrate, and in some cases a Judge on appeal from the Magistrates’ Court.
Diversion exists because the law recognises that individuals who take responsibility for their actions may be better supported through rehabilitation rather than punishment. It is designed to benefit both the individual and the broader community by reducing reoffending and supporting positive behavioural change.
Where successfully completed, diversion allows a person to avoid the long-term consequences and stigma of a criminal conviction.
How the Diversion Program Works in Victoria
The diversion process generally involves two key stages:
1. Being Recommended for Diversion
To be considered for diversion, the prosecution must consent. This means that Victoria Police or, in some cases, the Office of Public Prosecutions (OPP), must recommend the accused for diversion.
In many matters, police may recommend diversion at the time of charge. However, in other cases diversion is not initially offered. This may occur where:
The offence is considered too serious
The offence involves family violence or other excluded categories
The offender’s prior history is a concern
In these circumstances, legal representation plays an important role in advocating for diversion to be considered where appropriate.
2. Magistrate’s Decision to Grant Diversion
Even where diversion is recommended, it is not automatically granted. A Magistrate must be satisfied that diversion is appropriate.
In deciding whether to grant diversion, the Court will consider:
The seriousness of the offending
The accused person’s personal circumstances
The offender’s attitude and response to the offence
The impact of a criminal record
The prospects of rehabilitation
A well-prepared application, supported by strong submissions and evidence, is critical to success.
What Happens If Diversion Is Granted?
If diversion is granted, the accused is placed on a diversion plan, usually for a period of 12 months.
During this time, the person must:
Be of good behaviour
Comply with any court-imposed conditions
Conditions vary depending on the circumstances, but may include:
Completing counselling or behaviour change programs
Attending education or rehabilitation courses
Paying compensation
Making a donation to a nominated organisation
Writing an apology letter to a victim or relevant party
The conditions are tailored to the individual and the nature of the offending.
Completion of Diversion: No Criminal Conviction Recorded
Once a diversion program is successfully completed:
No criminal conviction is recorded
The matter does not appear on a standard police check
Only internal police and court records remain
For most first-time offenders, this means the incident will not affect employment, travel, or background checks.
Diversion is therefore widely regarded as a valuable opportunity to avoid the long-term consequences of a criminal record.
The Importance of Legal Representation
An experienced criminal defence lawyer plays a key role in the diversion process.
Legal representation can assist by:
Advising whether diversion is likely to be available
Preparing supporting material for court
Gathering character references and rehabilitation evidence
Organising counselling or treatment reports
Making persuasive submissions to the Magistrate
Proper preparation significantly increases the likelihood of a successful outcome.
Speak With an Experienced Criminal Defence Lawyer
The Criminal Justice Diversion Program is not automatically granted and requires careful preparation and strong advocacy.
Stary Norton Halphen & Galbally are accredited specialists in criminal law with extensive experience in diversion applications across Victoria. Our lawyers are committed to achieving the best possible outcome for every client.
If you are facing criminal charges and want to know whether diversion may be available in your case, contact our office on (03) 8622 8200 to arrange a confidential consultation.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.