What is a Diversion Application?
A diversion application offers a pathway to avoid a criminal conviction for criminal offences. A pre-condition to a diversion is that an accused accepts responsibility for the offence.
Typically, a diversion is usually available for less serious offences in circumstances where an offender has no prior criminal history. A diversion for a family violence offence can be a more involved process. For more information read our article on Diversion and Family Violence Offences.
A diversion involves two stages:
-
Recommendation by the police; and
-
Assessment of the proposed diversion by a Magistrate/Judge
If a diversion application is approved, an offender will be required to complete a Diversion Plan which may include certain conditions such as:
-
Writing a letter of apology
-
Writing a letter of gratitude to the police informant that recommended diversion
-
Providing evidence of completion of a rehabilitative program (for example, anger management, mental health counselling, drug and or alcohol counselling)
-
Making restitution to the other party (where the offence involves damage to property)
-
To be of good behaviour
What Happens If a Diversion Application Is Successful?
A successful diversion means that the Court has not made a finding of guilt for the alleged offence. Consequently, a successful participant will have avoided a disclosable criminal history.
What If Your Diversion Application Is Unsuccessful?
If the application is denied, the case proceeds through the standard court process. Read our overview on the criminal proceedings in the Magistrates’ Court.
How Pascoe Criminal Law Can Help with Your Diversion Application
We have extensive experience preparing and submitting diversion applications. We take a strategic approach to ensure your application is comprehensive, compelling, and supported by strong evidence. Our services include:
Demonstrating Remorse and Accountability
We help you express genuine regret and outline steps taken to make amends—such as restitution or community involvement—aligning your efforts with court expectations.
Highlighting Rehabilitation Efforts
Our team recommends voluntary counseling or rehabilitation programs and assists in gathering references from employers, community leaders, or counselors to demonstrate your commitment to change.
Why Choose Pascoe Criminal Law for Your Diversion Application?
Providing quality legal advice and representation is our focus. You can be assured that in preparing an application for diversion that we will:
-
Take the time to take detailed instructions from you: We determine if a diversion program is suitable based on your personal circumstances and the nature of the offence.
-
Build a Strong Case: We gather all necessary references and documentation to present a compelling application.
-
Advocate at Every Step: Our team represents you in negotiations with police and in court, increasing your chance of approval.
-
Comprehensive Support: Whether your application is approved or denied, we provide clear guidance on your next steps.
Contact Pascoe Criminal Law Today
Don’t let a criminal charge jeopardize your future. If you’re considering a diversion application or need urgent legal advice, Pascoe Criminal Law is here to help.
We will fight to protect your rights and secure the best possible outcome. Contact us today to discuss your case and take the first step toward a positive resolution.
Helpful Resources:
