Page updated on: Friday April 23, 2010
Diversion allows the Police to withdraw a charge from the court on the condition that you fulfil certain obligations imposed on you by the Police Diversion Officer. This process enables you to accept responsibility for what has happened and respond to it, but gives you the chance to avoid receiving a criminal conviction.
Usually the victim's views about diversion will be considered.
Once you have been found eligible for diversion your court case will be remanded (put off) for you to have a diversion interview with a local Police Diversion Officer. This interview will confirm that you are an appropriate candidate for diversion and will establish what your diversion conditions will be. The conditions will be written up into a diversion agreement that you sign to show that you agree voluntarily to fulfil the conditions.
The conditions have to be appropriate for you and the offending, should not be more than what you may have received in the court process, and achievable in the diversion time frame. They could involve paying money (reparation) to the victim or a charity, making good any damage (e.g. painting over graffiti), an apology for what you have done, counselling, some form of community work or even meeting with the victim in a restorative justice process (subject to availability of resources in the area).
Diversion is not available for drink driving charges. In some areas of New Zealand getting diversion for offences involving domestic violence or drugs might not be possible as a matter of local Police policy. This is not a general rule and you should always ask for diversion if this is the first time you have been charged.
To find out whether you are being offered diversion, you have to get in touch with the Police, or could do so in Court by asking the Duty Lawyer to consult with the Police.
You may request a review of either the decision to offer diversion (or not), or the diversion conditions. This request can either be written or verbal, but either way you should be told what the result of the review is within 5 working days of the request being received.
Once diversion is completed the police will usually arrange for the charge to be withdrawn without the need for you to be present in court.
If diversion is not granted the normal court procedure will then apply.