Under what circumstances am I eligible for diversion?

Question Details: ?

Filed under Criminal Law | 2041 View(s)

Are you a lawyer? Login or register to answer this question.

Answers by Lawyers

Community Law Wellington & Hutt Valley

Diversion is a scheme that allows for some defendants to be dealt with in an “out of court” way. If you complete agreed conditions, the Prosecutor can have the charge withdrawn and a conviction will not be recorded.

You may be eligible if the offence is your first and it is not serious, although if you have committed a previous offence some time ago (around 5 years) you may still be eligible.

For further information on eligibility, what happens in court and how you can ask for a review of a decision declining you diversion, go to this link: www.police.govt.nz
You may also need to speak with the Diversion Officer in court (or Duty Lawyer) to ensure your case has been considered for diversion.

If you have any further questions you can contact a Community Law Centre for help. To find a centre go to this link: www.communitylaw.org.nz

Answered 27 Aug 2012. The IMPORTANT NOTICE below is part of this answer.

IMPORTANT NOTICE: The answer provided above is intended for general informational purposes only and cannot be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws change frequently, and small variations in the facts, or a fact not provided in the question, can often change a legal outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or publishers of the answer, for loss, damage or inconvenience arising in any way from the use of this site. While each answer has been published by a lawyer with a practising certificate, that person may not necessarily have experience in the particular area of law involved.

For more information about this website, please review our Terms of Use.