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Criminial Record - A Way Out Of Trouble
In trouble with the police? Worried about what a criminal record might mean? Or perhaps someone you know is about to face court for the first time.
You may already have sought legal advice, but did you and your lawyer discuss the Criminal Justice Diversion Program (CJDP), which offenders an alternative to a criminal record?
Under CJDP, offenders are offered the opportunity to avoid a criminal record by undertaking court sanctioned conditions designed to help both the offender, the victim and, ultimately, benefit the wider community.
CJDP is designed to break the cycle of crime by keeping offenders out of the formal court system, avoiding first criminal convictions, aiding offenders’ rehabilitation, offering better access to community resources for counselling or treatment and making sure appropriate reparation is made to victims of crime.
In January 1997, the Magistrates’ Court of Victoria, with the Victoria Police, piloted the CJDP at Broadmeadows Magistrates’ Court. Senior police, the courts and the legal profession then reviewed the pilot and came up with a revised scheme that was introduced at Broadmeadows and Heidelberg Courts in November 2000.
Now available at all Magistrates’ Courts, CJDP is aimed at people for whom early intervention may bring about positive lifestyle changes and a reduction in the likelihood of them re-offending.
Prior convictions do not automatically disqualify an offender from the program, but they are considered when an application to enter CJDP is made. However, offences punishable by a minimum or fixed sentence or penalty are not appropriate for the program.
Anyone can seek the application of CJDP during the court process, but it requires the consent of the prosecution in each case. Before appearing before a magistrate, a diversion coordinator will interview the defendant to identify the major issues and to come up with a suggested outcome.
Victims may be asked to provide information, including the amount of compensation being sought for property damage and whether an apology from the person charged would be of value.
To be eligible, the defendant must admit the facts and take responsibility for their actions. The offence itself must be one that is triable summarily, and there must be sufficient evidence to gain a conviction. CJPD must also be considered appropriate in the circumstances.
At the diversion hearing the magistrate will assess the suitability of the offender for CJDP and a diversion plan will be drawn up. The plan may require the offender to apologise to and compensate the victim, attend counselling or treatment, help with local community projects or attend road trauma awareness programs or defensive driving courses.
The magistrate can adjourn criminal proceedings for up to 12 months to allow the defendant to participate in a CJDP. If the conditions of the CJDP plan are satisfied, the charges against the offender are discharged and the outcome is recorded in a similar way as a caution. It will not appear as part of a formal criminal record, is not available to employers, and cannot be alleged as a prior offence.
If the conditions are not met, the matter is referred back to the court as if it was being initially listed for hearing and all the information regarding CJDP is removed from the file.
More information
Useful website
Court Support and Diversion Services at http://www.magistratescourt.vic.gov.au/
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