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Get legal advice if thinking about diversion

Clients should get advice about how to settle the charges and summary before they attend a diversion hearing and complete the diversion information sheet.

Clients should get advice about how to settle the charges and summary before they attend a diversion hearing and complete the diversion information sheet. It is important that the summary and charges are settled before they attend the diversion hearing.

Advise the client if any defences are available so that they can make an informed decision about participating in the diversion process.

The client should get legal advice about any aggravating factors in their summary and charges that may have an impact on the diversion order being granted. For example, assault charges or charges arising out of family violence.

A person may be referred to a duty lawyer if they are not pleading guilty and want to consider asking for diversion. The duty lawyer may be able to negotiate the matter to reflect something the client is happy with (relating to the charge or prosecution summary) before applying for diversion.

If in any doubt, send an e-referral to the duty lawyer.

See Is diversion best?

Updated