This site will give you everything you need to know about the Police Diversion scheme.
This is a chance for the first offendor, if they are considered to be a suitable case for diversion, to avoid being left with a criminal conviction.
We will tell you all about the scheme and give you some helpful tips.
For a number of years now, (1997) the Police have organised and operated what is known as an adult diversion system throughout New Zealand. It is fairly informal because there is no specific recognition of the diversion scheme in any of our laws relating to the Courts.
However, almost all the District Court Judges, with one or two exceptions, have agreed that that the diversion scheme is worthwhile and recent statistics have shown that people who have benefited from the diversion scheme have generally not re-offended.
The scheme essentially allows first offenders who show remorse to escape a formal criminal conviction.
Diversion is not available for drink driving offences and it is also not available for serious criminal activity.
The Police put out a manual entitled "Best Practice Manual" and that manual provides the following quotation:
"The diversion scheme has given an offender a second chance by allowing the prosecution to withdraw the case by offering no evidence, if certain requirements are met. Under the scheme, an offender does not receive a criminal conviction but makes good any damage and accepts full responsibility for his or her actions. Diversion is aimed principally at people who fit the diversion criteria and are unlikely to re-offend. If others meet the special circumstances criteria, they also may be diverted…."
The purposes of diversion are to prevent re-offending and avoid a conviction for the first offender and to provide that first offender with a second chance.
The Police, and the statistics support this view, believe that people who offend in a stupid way and are given one chance, generally do not offend again.
The Police ask for the views of the victim and, often, the victim is against any form of "soft" approach to the offender. However, the Police do not have to follow strictly the victim’s views.
WHAT YOU SHOULD DO IF ARRESTED.
If you are arrested
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