Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 59

Adjournment to undertake diversion program

59. Adjournment to undertake diversion program



(1) This section does not apply to-

   (a)  an offence punishable by a minimum or fixed sentence or penalty,
        including cancellation or suspension of a licence or permit to drive a
        motor vehicle but not including the incurring of demerit points under
        the Road Safety Act 1986 or regulations made under that Act; or

   (b)  an offence against section 49(1) of the Road Safety Act 1986 not
        referred to in paragraph (a).



(2) If, at any time before taking a formal plea from an accused in a criminal
proceeding for a summary offence or an indictable offence that may be heard
and determined summarily-

   (a)  the accused acknowledges to the Magistrates' Court responsibility for
        the offence; and

   (b)  it appears appropriate to the Magistrates' Court, which may inform
        itself in any way it considers appropriate, that the accused should
        participate in a diversion program; and

   (c)  both the prosecution and the accused consent to the Magistrates' Court
        adjourning the proceeding for this purpose-

the Magistrates' Court may adjourn the proceeding for a period not exceeding
12 months to enable the accused to participate in and complete the diversion
program.

(3) An accused's acknowledgment to the Magistrates' Court of responsibility
for an offence is inadmissible as evidence in a proceeding for that offence
and does not constitute a plea.

(4) If an accused completes a diversion program to the satisfaction of the
Magistrates' Court-

   (a)  no plea to the charge is to be taken; and

   (b)  the Magistrates' Court must discharge the accused without any finding
        of guilt; and

   (c)  the fact of participation in the diversion program is not to be
        treated as a finding of guilt except for the purposes of-

   (i)  Division 1 of Part 3 and Part 10 of the Confiscation Act 1997; and

   (ii) section 9 of the Control of Weapons Act 1990; and

   (iii) section 151 of the Firearms Act 1996; and

   (iv) Part 4 of the Sentencing Act 1991; and

   (d)  the fact of participation in the diversion program and the discharge
        of the accused is a defence to a later charge for the same offence or
        a similar offence arising out of the same circumstances.

(5) If an accused does not complete a diversion program to the satisfaction of
the Magistrates' Court and the accused is subsequently found guilty of the
charge, the Magistrates' Court must take into account the extent to which the
accused complied with the diversion program when sentencing the accused.

(6) Nothing in this section affects the requirement to observe the rules of
natural justice.

(7) This section does not affect the incurring of demerit points under the
Road Safety Act 1986 or regulations made under that Act.

Division 3-Sentence indication