12 December 2006
A new discussion paper launched by Springvale Monash Legal Service highlights weaknesses and inefficiencies in Victoria's Criminal Justice Diversion Program.
The program was introduced in 2000 state-wide after a three-year pilot at Broadmeadows Magistrates' Court. It aims to divert first-time, often young offenders from the Criminal Justice and court systems and seeks to ensure they do not receive a criminal record.
The discussion paper was researched and written by Monash University senior Law students working at the service as part of a community development project. The students' caseload brought them into direct contact with the program.
Mr David Taylor, Community Development Officer at the service, said while there were many positives to Diversion, there was also a need for a thorough analysis and evaluation of the program to eliminate its problems.
"The different responses obtained from diversion co-ordinators, police officers, lawyers, and Magistrates indicate that diversion may not be currently operating as effectively and efficiently as originally foreshadowed," he said.
"Despite the program being highlighted by the respondents as being successful, several weaknesses and inconsistencies are evident."
Mr Taylor said one of the key problems with the program was the discretionary power it placed in the hands of individual police officers.
"Whether someone is put on the Diversion program is up to the discretion of individual police officers, and with the best intentions -- this system lends itself to inconsistencies."
Mr Taylor said other problems with the program included lack of community awareness, the requirement to admit the facts - essentially to make a guilty plea -- and that it was not necessarily applied equally across all magistrates' courts.
"Having said this, there are also many obvious benefits to the program which should definitely be supported and maintained," he said.
"There is no criminal conviction, it involves the victims, enables magistrates to ensure that the penalty is useful to the community, the victim and the offender -- and it reduces re-offending among those who have participated."
The discussion paper is based on direct consultation with those involved in Diversion, including police officers, lawyers, Magistrates and diversion co-ordinators as well as relevant legislation and other academic and government texts. Copies of the paper can be accessed from the Springvale Monash Legal Service website.
Mr Taylor is available for interviews and photographs, on +61 3 9562 3144. For more information phone Mr John Watts at Media Communications on +61 3 9905 9201.
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