Restorative justice can be at the center of your distraction conditions. The police officer may try to involve the victim and community workers in the decision on the conditions. Alternatively, the police officer may decide that a separate restorative justice process conducted by a specialized facilitator should be one of your distractions. See the ”Restorative Justice Conferences” section of this chapter. In some cases, redirection may still be available, even if it`s not your first offense, or if you`ve ever had a diversion, or if you`ve been in juvenile court – for example, yes. If you have already pleaded not guilty, you may still be considered a distraction if you change your guilty plea, as long as you now take responsibility for the offence and meet the other distraction criteria. If you have a distraction, the charges against you will be dismissed and you will not receive a criminal record. So if you just had a distraction and you`re asked if you have a criminal record. You can honestly answer no. The possible terms are then discussed and if you and the diversion agent can reach an agreement, a diversion agreement will be written and signed with your terms.

Diversion is a police-run system that allows first-time offenders to take responsibility for their crimes outside the justice system and avoid having a criminal record. The goal is to prevent you from becoming an offender again and to help you understand your own behaviour and decisions in the past and the impact this has had on the victim of your crime. However, sometimes you may not need to meet the redirection requirements. For example, if you spent the night in police cells before going to court, or if you had to take time off for your first court appearance and diversion discussion, the police may decide that you only have to sign a diversion agreement that recognizes your diversion without further conditions. Police policy states that the conditions for diversion must be as follows: if you have ever appeared in court, you have been told the next date you must enter. The decision is always a matter of discretion – that is, you are not entitled to distraction. You should talk to your lawyer or attorney to learn more about diversion. In general, it is very unlikely that you will be able to distract yourself for drunk driving, boys` races or reckless driving. If you meet all the conditions, you will need to provide proof to the police so that they can withdraw the charges against you and you will be left without a criminal record. If you do not meet the conditions, you will have no distractions and will have to return to court. They could end in a conviction. During the interview, the diversion officer will explain the ”ground rules” of diversion.

The officer will check if you take responsibility for the crime by admitting that you committed the crime and show that you are sorry for what you did (show remorse). If you do not take responsibility, you will not be offered a distraction. The interview will also look at possible redirection conditions that would suit you. If you have any questions about what`s going on in court, ask your lawyer (if you have one). Usually, you can only get the distraction once. So if you`ve ever had a distraction and you`re committing another crime, you probably won`t be able to distract yourself anymore. The police will know if you have ever been distracted. In court, a lawyer can speak on your behalf and represent you.

If you have any questions or want the judge to know anything, you should talk to your lawyer before going into the courtroom or during a break. It depends on what you have done. This is not an exclusive list, but you may need to: If you are between 14 and 17 years old, if you are a suspect of a crime, you will be considered in the juvenile justice system. If you commit a minor crime, the police will usually try to take ”alternative measures” so that you can learn from your mistakes without having to go through formal legal proceedings. If you meet all the conditions and present evidence to the police, they can withdraw the charge the next time you go to court, and you will not receive a conviction. You must demonstrate to the police officer that you have met the diversion requirements – for example, by giving them the letter of apology to send to the victim, or your attendance sheet for community work or a receipt from a counsellor for counselling costs. If you go to court for your first appearance after being charged with a crime (called a crime), you have been told the date and time you must be present at the time of your arrest or it will be on a subpoena that will be served on you. Diversion usually begins when you first appear in court for prosecution. If the police are considering offering you a distraction, they will ask the court to postpone your case (”remand”) without you making a plea so they can make a decision on diversion. If a redirect is proposed, you will complete your redirect program before your case goes to court.

You will have an in-person meeting with a PPS police officer. This happens as soon as possible after your first court appearance, and the time for this can be agreed before you leave the court at your first appearance. The police cannot offer you a distraction until you have had this diversion interview. You may be able to sign up to receive a text message reminder that will be sent to you the day before your hearing date. Once you have informed the police that you have fulfilled the conditions for your diversion, the police will inform the court and the court will have to formally dismiss the charges against you. This means that you do not have a criminal record. You will have an in-person meeting with the distraction agent shortly after your first court appearance. At the hearing, the rules are explained by the distraction agent and, in general, you must take responsibility for the crime and admit that you committed the crime. You usually need to show remorse (show that you are sorry for what you have done) and be willing to take responsibility for your wrong actions. The following types of crimes are usually too serious for a distraction: you don`t have the right to distraction, so the prosecutor doesn`t have to give it to you. You can`t appeal, but you can write to them for a new exam.

If you still don`t have any distractions and need to go to court, you should talk to duty counsel or your own lawyer and find out if you can possibly get a release without conviction (this can be hard to find). Police will generally be willing to consider a distraction for the first time, minor offenses and for people who like to plead guilty. Redirect What is distraction? When can I get distracted? How do I know if I can distract myself? How does the redirection process work? What can I expect in a distraction conversation? What are the conditions of the redirect? What happens if I am rejected for distraction? • The alleged offence must be minor and must be tried by the court of first instance. If this is too serious, it is unlikely that a redirect will be available; Once the diversion conversation has taken place and you have in principle agreed to some of the conditions of your diversion, the police officer will prepare a diversion agreement for you to sign. This is where the diversion policy and the conditions you must meet are established. If the redirect agent agrees to offer you a redirect during the interview, they will usually give you a document with your conditions and a date to fulfill the conditions. You can discuss the terms with the redirect agent if there`s a good reason why you can`t fill them in. This does not mean that the terms will be changed, but it is always good to be honest about your situation. No crime is on your criminal record if your case is resolved by diversion. However, there are some exceptions to the diversion program that are generally not mentioned for people who participate in the program because they do not apply to everyone.

For example, if you are governed by the Australian Health Practitioner Regulation Agency (AHPRA). Organizations like AHPRA have the power to access a person`s entire criminal history. This will be discussed in more detail in my next blog. It is important that you respect the terms of your redirect. Note: If you may be eligible for diversion, your lawyer should apply to the court for ”remand without plea” (if your case is postponed to another date) and contact the District Attorney`s Office to find out if diversion is available. If you are unable to reach an agreement or if the diversion officer feels that the diversion is not appropriate for you, you will be referred to court so that a judge can decide whether or not you are guilty and, if you are guilty, what consequences you will have. If you do not complete your diversion program satisfactorily, the charge against you will continue in the normal criminal proceedings, beginning with a plea, see ”Plea” earlier in this chapter […].