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GlossaryCriminal Law

Diversion

A program available in the Magistrates' Court that allows eligible first-time accused to complete conditions instead of being convicted, resulting in no criminal record.

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May 2026reviewed
In detail

How diversion works in practice.

Diversion is a program under the Criminal Procedure Act 2009 (Vic) that allows an accused person to avoid a conviction by completing a plan of conditions set by the court. To be eligible, the accused must accept responsibility for the offending, the prosecution must consent, and the magistrate must agree that diversion is appropriate. Conditions may include making a donation to a charity, attending counselling, or completing community work. If the conditions are completed, the charge is dismissed with no conviction recorded. Diversion is generally available only to first-time accused for less serious offences.

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