Applying for the Victorian criminal justice diversion program
The Criminal Justice Diversion Program offers a pathway for suitable offenders to avoid a criminal record by completing a diversion plan. It requires prosecution consent, magistrate approval, and an acknowledgement of responsibility.
This is an 8-step workflow for securing a diversion outcome under s 59 of the Criminal Procedure Act 2009 (Vic) in the Magistrates' Court of Victoria.
Before you start
- Summary offence or indictable offence triable summarily
- No fixed minimum sentence for the offence
- Prosecution recommendation or willingness to consider
- Client acknowledging responsibility (not the same as a plea of guilty)
The workflow
Confirm eligibility
Check the charge is eligible — no fixed minimum sentence, not an excluded offence (family violence, sexual assault, serious driving matters above the threshold).
Seek prosecution recommendation
Write to the informant or OPP prosecutor with a diversion submission. Highlight the client's circumstances, absence of prior record, and proposed plan.
Obtain client acknowledgement
Have the client acknowledge responsibility in writing. This is not a plea of guilty and cannot be used at trial if diversion is refused.
Prepare diversion plan proposal
Draft a diversion plan — apology letter, donation to charity, counselling, defensive driving course, or other proportionate measures relevant to the offending.
Gather supporting material
Compile character references, psychology reports, employment letters, and evidence of any rehabilitation steps already taken. Prepare for diversion coordinator interview.
Attend diversion coordinator interview
The diversion coordinator will interview the client before the hearing. Prepare the client to be candid, show remorse, and engage with the process authentically.
Appear at the diversion hearing
Make oral submissions on suitability, emphasising the rehabilitation rationale. Magistrates retain discretion — focus on how diversion serves the sentencing purposes in s 5 of the Sentencing Act.
Supervise completion and return
Support the client through plan completion within 12 months. On completion, the charge is dismissed and no conviction is recorded. Advise on disclosure obligations.
What you will have at the end
Diversion granted, plan completed, and the charge dismissed without conviction — preserving the client's criminal record.
Common issues
- Prosecution refusing recommendation, which is a threshold requirement
- Client unwilling to acknowledge responsibility, blocking the pathway
- Offences excluded by policy (most family violence matters are out)
- Weak diversion plan that magistrate considers insufficiently rehabilitative
- Plan completion deadlines missed due to client disengagement
Run this workflow on a real matter
Quillio drafts Victorian diversion submissions to informants, tailors diversion plans to the offence type, and benchmarks against recent Magistrates' Court outcomes. See /practice-areas/criminal-lawyers.
This workflow is a general guide. Eligibility and prosecution policy shift — confirm current Victoria Police and OPP diversion guidelines when preparing your application.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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