Diversion

Diversion is a police mechanism operated by the Police Prosecution Service (PPS). It is an outcome that is entirely up to PPS as it is at their complete discretion. However, Steven can help explore this option if a client is eligible. Diversion involves several stages, as explained below:

First, PPS will consider whether a client may be considered for diversion. This does not mean that diversion has been granted; it merely means that PPS are willing to consider them. One factor that PPS look at is the charge itself, as it must be considered at a lower level of seriousness. If a victim is involved, PPS may also obtain their views on whether diversion should be offered. If PPS determines that diversion should be considered, the charge will be remanded to a future court date to allow time for the diversion interview process; that is the next stage.

If diversion has been considered, a client will have a scheduled diversion interview at the local police station. At that interview, the client must accept their offending and show remorse. If PPS accept the client for diversion, they will often still be required to jump through various hoops before it is formally granted. Common examples include writing a letter of remorse (to a party affected), making an emotional harm reparation payment (to a party affected), or completing a defensive driving programme.

If the option of diversion is potentially available to a client, I will always consider it. However, it is not something that Steven or any lawyer can guarantee, as it is at the complete discretion of PPS. However, once the charge and the nature of the charge is identified at the lower level, it is certainly worth pursuing.

Of note, PPS are prohibited from offering diversion for a number of charges. This can include more serious violent charges or any traffic charge that carries a mandatory disqualification period e.g. driving with excess breath alcohol, dangerous driving etc. PPS cannot offer diversion for these charges because if they could, they would circumvent the Land Transport Act 1998, which was enacted by Parliament, which PPS cannot do. For that reason, usually only the traffic charge of careless driving can be offered for diversion as that carries a discretionary disqualification period, rather than a mandatory one.

Finally, if a client has previously received diversion or has been discharged without conviction, invariably, PPS will not offer diversion again.

To find out more about the diversion process in NZ, contact me now through the contact button below.