What is diversion?
I have been caught shoplifting and it’s my first offence, Will I be able to get diversion?
What if I have already had diversion?
What about minor traffic offences?
What happens on the day I have to go to Court?
How do I go about finding out whether or not I can get diversion?
To help get diversion:
What if the Police refuse me diversion?
I have been accepted for diversion. What will happen?
I was caught smoking dope and I have already had diversion. Will the court know that I have been on diversion?
What if I don’t want diversion?
I pleaded not guilty and my case went to trial. The Judge found me guilty. Can I still get diversion if I am now willing to admit guilt?
What if I am 17?
Remember


What is diversion?

Diversion is a scheme which enables first time offenders aged 17 and over to avoid a conviction but still make up for what they have done. "Police diversion" works in a similar manner but without that the involvement of the court. It is for young people between the ages of 14 and 17.
Why should I try to avoid a conviction?

A conviction is recorded on the Wanganui Computer. If you come to the notice of the Police for some other matter or if you appear for sentence in court on some other criminal matter the earlier conviction may mean the Police are more likely to question or charge you or the Court may give you a tougher penalty.
If you apply for some jobs you may be asked about any convictions against you. And if you travel overseas some countries may refuse you a visa because of a conviction.

I have been caught shoplifting and it’s my first offence, Will I be able to get diversion?

Yes. Generally if its your first offence and not a serious one and you are willing to admit your guilt you should be able to get diversion. But practice varies from area to area. In some districts Judges will not grant diversion on minor drug offences. In others dishonesty offences involving thousands of dollars are dealt with by diversion.

What if I have already had diversion?

If you have already had diversion you won’t usually be able to get it again.

What about minor traffic offences?

You will not be able to get diversion for parking, speeding or other traffic charges in Auckland, but in other regions of New Zealand diversion may include traffic matters.

What happens on the day I have to go to Court?

If you admit your guilt to the Police and they agree to diversion the case is put off by the Court for a couple of months for you to carry out the obligations imposed by the Police as a condition of agreeing to diversion.

How do I go about finding out whether or not I can get diversion?

You can get in touch with the Police who are dealing with your case. Phone ‘Prosecutions’ at the Police station which arrested you or filed the charge against you and give them the hearing date of your case. Ask them whether or not you are eligible for diversion. If you are at Court you can get the duty solicitor to ask for diversion. You will be told whether or not you have been accepted for diversion.

To help get diversion:

The complainant or victim of the offence will be asked if they agree to you getting diversion. It helps to show a willingness to make things better, for example, a letter of apology or showing you are truly sorry for what you have done.

What if the Police refuse me diversion?

You have no right to appeal. It is for a senior Police officer to decide. If you are refused diversion you can either plead guilty and hope to get a light sentence or plead not guilty and have a court hearing. If you wish to seek legal advice and you haven't had the chance to yet you can enter a no plea until you've spoken to a lawyer.

I have been accepted for diversion. What will happen?

The Police will tell you what you have to do. This could include:
1. You may have to pay some money (reparation) to the victim.
2. You may be required to write a letter of apology to both the victim and the Police.
3. You may get a severe warning.
4. You may have to donate some money to charity such as Salvation Army.
5. You may have to agree to have some counselling eg if the offence happened because you were drunk you may have to see an alcohol abuse counsellor.
6. You may have to do some community work such as cleaning a local school or doing unpaid work for a charity (or for the shop, supermarket etc that you stole from).

I was caught smoking dope and I have already had diversion. Will the court know that I have been on diversion?

No. The only people that will have a record that you’ve done diversion are the Police. You will be treated by the court as if its your first offence. You are unlikely to get diversion for a second drug offence.

What if I don’t want diversion?

You don’t have to ask for diversion if you don’t want to. The big advantage of diversion is that you do not end up with a conviction. You keep a clean record. Providing you can get it, diversion is usually your best option if you have broken the law.

I pleaded not guilty and my case went to trial. The Judge found me guilty. Can I still get diversion if I am now willing to admit guilt?

No, diversion can only be given if you admit your guilt from the start. If the offence is a very minor one you could try asking the Judge for a section 19 discharge without conviction (which has the same effect as an acquittal although you can be ordered to pay money towards the costs of prosecution).
What about my fingerprints, footprints and photographs they took when I was arrested?

Once you’ve completed diversion and your case has been dismissed any fingerprints, footprints and photographs that the Police took of you are destroyed.
What if I do not do what I agreed to do on diversion?

If you fail to carry out the things you agreed to do the Police will refuse to go through with the diversion and you will have to plead guilty or not guilty to the charge on the adjourned court hearing date.

What if I am under 17?

If you are 14, 15 or 16 you will normally appear in the Youth Court. Although the adult diversion scheme does not apply you can get "police diversion" and be given a Police warning or caution, have a Youth Aid Officer visit you and your family or be required to attend a Family Group Conference where, if you admit you have broken the law, you will usually be dealt with outside the court system in much the same way as adult diversion. If you get a warning from Youth Aid and your name is recorded the police have to destroy your details 2 years after you turn 17.

Remember

Diversion is a once only opportunity. Once you’ve had it you are unlikely to be given it a second time. It is not an easy way out to avoid getting a conviction. The penalty or reparation you have to pay is likely to be at least as heavy (if not heavier) than a Court would give. Its purpose is to get you back on the right track before things get more serious and avoid you getting a criminal conviction.