Diversion

Question 1

What is diversion?

Answer 1

It is a lawful way of exercising prosecutor discretion instead of full prosecution.
An alternative means of processing some offences and offenders through the courts.

Question 2

What does diversion allow?

Answer 2

By completing diversion activities in a specified time offenders avoid both a full prosecution and the possibility of a conviction.

Question 3

What are the two primary purposes of diversion?

Answer 3

Rehabilitation - Prevent re-offending, reflect of impact on victims, implications that they face

Reparation - Making good damage, donations, apology letters

Question 4

What are the 3 Secondary purposes to diversion?

Answer 4

Encourage the offender to take responsibility and show remorse for their actions

Eliminate factors that put the offender at risk of re-offending (drug and alcohol counselling)

Avoid the offender’s first conviction and give another chance.

Question 5

What is the criteria for diversion?

Answer 5

It is Offender-Based and Offence-Based.

The criteria is fundamental to considering and offering diversion. The criteria must be met and the victim and OC case’s views considered before diversion can be offered.

Question 6

What is the Offender-Based criteria?

Answer 6

S.P.O.O.N.F.A.C.E

Question 7

What does S.P.O.O.N.F.A.C.E stand for?

Answer 7

SHOWS remorse
Agrees to PAY full reparation
OFFENDER agrees
OC Case agrees
NOT committed a serious offence
FIRST time offender
ADMITS Guilt / Accepts responsibility
Special CIRCUMSTANCES (over five years since the last offence)
ENSURE Victim agrees

Question 8

What are the two test you must consider for Offence-Based criteria?

Answer 8

The offence seriousness by offence type

Case circumstances views of OC case and victims

The circumstances of the offending suggest that public interest would not be compromised if the offender was dealt with through the diversion process.