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17DIVW

Diversion

NZ $25.00
incl GST
Mark Wilton 2016
Mark Wilton
Police Prosecution Service
PNHQ
Wellington

Author: Mark Wilton
Published: 8 December 2016
Pages: 19

Introduction

The New Zealand Police Adult Diversion Scheme (the scheme) provides an alternative means of processing some offenders through the criminal justice court system without the
intervention of a full prosecution.

Generally the scheme enables eligible offenders to complete a number of activities within a specified timeframe to avoid receiving a conviction for their offending.

The Police Prosecution Service (PPS) has sole responsibly for administration of the scheme.

The scheme provides lawful way to exercise prosecutorial discretion and is governed by policy.

The aim as set out in the policy1 is to achieve nationwide consistency in availability and
approach as well as improved service delivery to Maori and partnership with Maori
communities and service providers.
________________________

1 Adult Diversion Scheme Policy 2013, refer to fn 6.

Content outline

  • Diversion
    • Key points of the policy
    • Purposes of diversion
    • Function of diversion
    • Eligibly for the scheme
    • Diversion criteria
    • Offender-based criteria
    • The first offender
    • Previous diversion, past convictions and youth offending
    • Acceptance of responsibility
    • Offence-based criteria
    • Traffic offences
    • Road safety
    • Dishonesty
    • Offences involving violence
    • Sexual offences
    • Drugs and alcohol offending
    • Court orders
    • High prevalence
    • Aggravating and mitigating factors
    • Victim’s views
    • Officer in charge of case view
    • The process
    • Diversion conditions
    • Diversion without conditions
    • Completing diversion
    • Dismissal of the charge
    • Name suppression
    • Failure to complete diversion
    • Using diversion information
    • Disclosing diversion information to third parties
    • Criminal records act
    • The relationship between diversion and pre-charge warnings
    • The relationship between diversion and a discharge without conviction (s 106 of the Sentencing Act 2002)
    • Record keeping
    • Monitoring and auditing of diversion
    • 2013 refresh of policy
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