Criminal Justice Reform
Justice Diverted? Prosecutorial discretion and the use of diversion schemes in Victoria
Diversion programs are theoretically available to all Victorians facing their first minor criminal charge. These programs give people the opportunity to be ‘diverted’ from the justice system and avoid a criminal record, with the opportunity to participate in rehabilitative programs and contribute to the community. It has been shown that participation in such programs reduces the likelihood of reoffending. However, a key barrier to being accepted into these programs is the requirement that the prosecution consent.
Where the prosecution refuse to consent to diversion, this decision is not made in open Court and cannot be subject to review. Such a lack of transparency creates great scope for inconsistency and prejudice, which detrimentally impacts minority groups.
Following research and consultations with key stakeholders over 12 months, we launched a report into the issue at an event as part of Law Week 2018.
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Justice Diverted: Our Report
Victoria Police informants and prosecutors
hold absolute discretion when deciding whether
or not to recommend an accused for a diversion
program and whether to provide their consent.
There is currently no guidance, legislative or
otherwise, as to how that discretion should be
exercised. Without appropriate guidance or oversight,
individual police officers can adopt idiosyncratic
and inconsistent decision-making practices
vulnerable to bias and prejudice. -
Letter: Hon Martin Pakula MP
RAP led a chorus of voices to call on Martin Pakula to end prosecutorial discretion outlining our concern about the lack of transparency in decisions to grant access to diversion programs in Victoria.