Diversion Flashcards
Purposes of diversion: 2 main purposes
Rehabilitation:
Prevent reoffending
Encourage offenders to reflect on the impact on the victim by ensuring they are aware of the implications.
Reparation:
Payment of money to compensate victim
Writing an apology letter or meeting
Fixing property eg. Painting over graffiti
3 secondary purposes
- take responsibility and remorse for their actions.
- Eliminate risk of re-offending
- give them another chance.
Criteria for diversion
Offender based & offence based
Offender based:
First time offender- avoid receiving a conviction.
Previous youth offending, previous diversion or past convictions- for dissimilar offences or were over 5 years ago.
Offence based criteria
Offence type- seriousness eg. Cat 4
Case circumstances views of OC case and victims- nature of offence, public interest in a prosecution.
Restorative justice
A way of thinking about crime
A process for responding to crime
Restorative justice- 3 prerequisites
- Approved restorative justice provider available in the diversion area.
- Victim consent and participation
- Diversion interview must have occurred with approved diversion officer
Criteria 1:
S.shows remorse P. pays reparation O. Offender agrees O. O/C case agrees N. Not a serious crime
Criteria 2:
F. First time offender
A. Admits guilt
C. Convicted but special case
E. Ensure victim agrees