Sentences  /  Diversion

Are you a first-time offender?

Diversion

Sentences  /  Diversion

Are you a first-time
offender?

What is a Diversion Order?

If you have been charged with a criminal offence, the only way to be sure your record remains completely clean is to obtain a Diversion. If you are found ‘not guilty’, and even if a Judge or Magistrate orders no conviction, Victoria police are still able to mention that non-conviction order on your record.
Created under section 59 of the Criminal Procedures Act 2009, the Diversion Program provides offenders with the opportunity to avoid any criminal record if the offender agrees to complete conditions intended to benefit the victim, themselves, and the community.

eligibility

Am I eligible for a
Diversion Order?

Am I eligible for a Diversion Order?

Diversion
The Diversion Program is designed to prevent first time offenders, especially young people, who have made grievous mistakes from entering the criminal justice system or having their future prospects impacted by a criminal record.

There are three eligibility conditions that must be met to obtain a Diversion:

The Diversion Program is only available to offenders who know they have done something wrong and accept responsibility for it. It’s important to note that this is not the same as pleading guilty, it simply means you recognise the wrongness of your actions leading to being charged.

Getting a diversion involves convincing the Police that you are an appropriate candidate for the Diversion Program. Ultimately, it’s up to them to decide whether or not to present this option to the Magistrate or Judge for their consideration.

Prior to facing court, we engage with Police and argue on your behalf, presenting relevant documents such as character references and letters of apology. If a victim is involved, it is likely they will be consulted as well before a recommendation is given.

Diversions can only be obtained where the case can be tried summarily, meaning an offence that can be heard by a magistrate sitting alone, rather than one needing a judge and jury (that is an indictable offence).

If Police have agreed to recommending a diversion for your offence, they will recommend it to the Magistrate who will make a decision based on any supporting materials such as:

  • Receipts showing you have paid for any damage you caused,
  • Reports from doctors or counsellors,
  • Evidence of good standing in the community such as participation in associations or good workplace or school performance,
  • Character references from people who know you well.

What is a Diversion Hearing?

If police approve recommending a Diversion Order, they will provide a Diversion Notice and the court will adjourn your case for a Diversion Hearing.
On the day of your Diversion Hearing you will be required to complete a form and conduct an interview by the Diversion Coordinator, who will confirm you understand the Diversion process and evaluate whether you are eligible. How you act during this interview will have a significant impact on whether they approve your eligibility.
Your lawyer will thoroughly prepare you for this stage to ensure you provide suitable responses and do not jeopardise your chances of getting a Diversion.
Finally, during the Diversion Hearing, the Magistrate or Judicial Registrar will decide whether to grant a Diversion.

What are the conditions of a Diversion Order?

If you are successful, the Magistrate or Judicial Registrar will set conditions for your Diversion in the form of a Diversion Plan and set a date for your Diversion Plan to be reviewed. Your Diversion Plan will include a list of conditions which must be met.
These may include participating in programs specifically designed to address and make amends for your offending behaviours. This may include:
  • Apologising to the victim,
  • Compensating the victim,
  • Donating money to a charity or community fund,
  • Attending Drug, Alcohol, or Road Trauma Awareness Seminars,
  • Seeing a counsellor or getting treatment for behavioural problems,
  • Any other condition the Magistrate or Judicial Registrar deems appropriate.
Along with any condition set out in your Diversion Plan, you must not be charged for an offence during the period of the Diversion Order. If you are charged with an offence, or fail to comply with the conditions of the Diversion Plan, you will be required to return to court and your chance at keeping your record clean will be lost.

What if I am unsuccessful?

Garde Wilson Lawyers takes every opportunity to prevent being charged with an offence having a lasting or damaging impact on your life. If we believe you are eligible for a Diversion Order, we do everything possible to maximise your chances of being successful.
There are some circumstances where Diversion Orders will not be available. These include:
  • If you already have a criminal record,
  • You have been charged with excessive speeding,
  • You have been charged with drink or drug driving,
  • You have refused to take an alcohol or drug test,
  • Your offence is deemed too serious.

Even if the Police and the Diversion Co-ordinator approve your eligibility for the Diversion Program, a Magistrate or Judicial Registrar may refuse to grant you a Diversion Order. You may appeal to refuse your Diversion to the County Court to be decided by a Judge. Your lawyer can advise you on the likelihood of a successful appeal and how to proceed.

What is the best way to get a Diversion?

Attempting to secure a Diversion Order without the help of a lawyer is very hard. It requires conducting negotiations with police and prosecution, and presenting a compelling case to the court for why you should be placed in the Diversion Program.
Garde Wilson Lawyers has extensive experience assisting clients obtain a Diversion and keep a clean record.
Failing to get a Diversion Order means that even if you are found not guilty, your record may be tarnished. If you are found guilty it can result in a conviction being recorded, impacting your ability to travel and potentially limiting your employability.

Do you need to keep your record clean?

Garde Wilson Lawyers can protect your future, freedom and financial security. Contact us to book a free case assessment with our criminal law experts today.

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Mark Aravanis

6 March 2025

“I have no words to express my gratitude to Mitch Fraser, Zara and Ryan they all are amazing criminal lawyers. After living...” Read more

Dashmesh Singh

1 March 2025

“Very much appreciate this team, absolute stars. I was put into a very one sided legal predicament where it seemed like the deck...” Read more

Marc Primrose

27 February 2025

“Absolutely trust Mitch and the team at Garde Wilson Criminal Lawyers, they were instrumental in keeping my licence and...” Read more

Rob Costanzo

24 February 2025

“Forever grateful for this team Especially Mitch & Jack who are true professionals and were able to help secure a win for my case...” Read more

Zenon Chaskaris

17 January 2025

“I cannot express enough Grattitude to the team at Garde-Wilson Lawyers. Not only did they achieve a fantastic result...” Read more

Shehan Rajanayagam

09 January 2025

“Just sharing here my sincere endorsement of Mitch Fraser and the entire team at Garde Wilson. Mitch is the front man of client...” Read more

Damian West

06 January 2025

“I would highly recommend this firm Mitch and ray have been amazing if they say they will be there they will be....” Read more

Robert Smiley

02 January 2025

“By far the best legal advice and help I've had in a long time. These guys are worth every cent And family type service too Thanks heaps”

Ben

30 December 2024

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ahmed adhil

29 December 2024

“Absolutely amazing, the best outcome that I could of imagined, Mitch was so supportive, highly recommend”

Jed Earle

15 December 2024

“Mitch and the Team at Garde Wilson provided exceptional second to none service, they were extremely professional and comforting...” Read more

Celeste Earle

11 December 2024

“I had the privilege of working with Garde Wilson Criminal Lawyers during a very difficult time, and I cannot...” Read more

Vishal

01 December 2024

“Thank you to Mitch and team. You achieved the impossible, great outcome. Highly recommend if anyone requires representation.”

Andre Spiteri

9 August 2023

“Wow! This team are incredible! With 48hrs notice Mitch had my partner sorted and had barrister Hazel appear on his behalf today...” Read more

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11 August 2023

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9 August 2023

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Rel KC

17 November 2023

Wow! This team are incredible!
With 48hrs notice Mitch had my partner sorted and had barrister Hazel appear on his behalf today to finally put an end to completely unjust continuation of AVOs for 12yrs.

Not only were they completely dedicated and across all details, Hazel had the ability to get the applicant to finally withdraw their frivolous continued applications.
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Vishal

01 December 2024

I had the privilege of working with Garde Wilson Criminal Lawyers during a very difficult time, and I cannot recommend them highly enough. From the moment I reached out, their team demonstrated professionalism, expertise, and a deep understanding of criminal law.

They took the time to thoroughly explain the legal process and ensured I felt informed and supported every step of the way.

The attorneys at this firm are not only highly skilled but also compassionate, which made a huge difference in my experience.

Thanks to their hard work and dedication, my case was resolved favorably. If you’re in need of experienced and trustworthy criminal defense lawyers, I highly recommend Mitch and their team.

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Celeste Earle

11 December 2024

Mitch and the Team at Garde Wilson provided exceptional second to none service, they were extremely professional and comforting at a time of great stress. The level of experience, skills and knowledge was evident from our first appointment, the positive outcome we received would not have been possible without them.

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ahmed adhil

29 December 2024

Review for [mitch Fraser ,ray raheem,Lachlan hocking/ Garde Wilson team

I am incredibly grateful for their professionalism, dedication, and compassion in handling my case. Thanks to their expertise, I was able to secure a diversion outcome, which has given me a second chance to move forward without a criminal record.

From the beginning, Mitch and ray explained the legal process clearly, addressed all my concerns, and guided me every step of the way. They not only understood the legal aspects of my case but also showed genuine care for my well-being and future.

Their ability to present my case effectively and advocate on my behalf was exceptional. I highly recommend [mitch, Lal Lachlan and team/Garde Wilson lawyers to anyone seeking legal representation—they are thorough, knowledgeable, and truly committed to achieving the best possible outcome for their clients.

Thank you again for your incredible support during such a challenging time.

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Robert Smiley

02 January 2025

I would highly recommend this firm

 

Mitch and ray have been amazing if they say they will be there they will be.

 

Our barrister Sarah was just amazing and myself and my family can’t thank them enough as we got the out come needed.

 

Thanking you all.

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Damian West

06 January 2025

Just sharing here my sincere endorsement of Mitch Fraser and the entire team at Garde Wilson. Mitch is the front man of client engagement.

 

From the second I met Mitch, I knew I had found a true ally and advocate in what was a messy and unfair situation. The end-to-end support and coordination provided by Mitch and the firm was pure class. I cannot recommend highly enough!

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Shehan Rajanayagam

09 January 2025

I cannot express enough Grattitude to the team at Garde-Wilson Lawyers. Not only did they achieve a fantastic result (withdrawal of all charges), but as importantly and appreciated, the entire team; Mitch, Zarah and Ray, treated me with such compassion and empathy, helped me not only in a legal sense but also on a personal level to assist me in dealing with the stress of the matter, and have been nothing short of extraordinary in every respect.

I would like to thank and credit the entire team not only for resolving this matter, but I genuinely credit them with changing my perspective on a lot of things in life and motivating me to pursue my goals and ambitions, in a sense i feel a sense of obligation to them to become the best version of myself.

I consider both my interactions with the firm as well as the outstanding outcome as life changing both in the result and the impact it has had on me personally.

As a law student i underwent immense stress, depression and anxiety which initially made me a difficult client to deal with but even still, Garde-Wilson helped me through it, showed nothing but compassion and had my best interest at heart, for this I will be forever grateful.

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Zenon Chaskaris

17 January 2025

Forever grateful for this team
Especially Mitch & Jack who are true professionals and were able to help secure a win for my case.

I have had my fair share of lawyers and Barrister’s and this team by far is the best I’ve ever come across.

Thank you again for your help 🙏🏽

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Rob Costanzo

24 February 2025

Absolutely trust Mitch and the team at Garde Wilson Criminal Lawyers, they were instrumental in keeping my licence and no conviction recorded in my loss of traction case. I hopefully won’t ever need them again, but if I do, they will be my first call

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Marc Primrose

27 February 2025

Very much appreciate this team, absolute stars. I was put into a very one sided legal predicament where it seemed like the deck was loaded against me injustly. As soon as Garde got involved the tables turned and they were able to blast through all of the incompetency and bring the facts and reality to the surface and correct the power imbalance like it was nothing.

Therefore delivering me the best possible outcomes to re store my peace of mind.

Ultimately I believe bringing this firm onboard was the difference between regaining my life or without them being bullied into accepting false charges. Special shout out to Ray, Mitch and Zarah I can not thank you enough for the amount of stress you took off my shoulders. Top tier 👌

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Dashmesh Singh

1 March 2025

I have no words to express my gratitude 🙏 to Mitch Fraser, Zara and Ryan they all are amazing criminal lawyers. After living 30 years of my life in Australia I dealt with many lawyers in my career but at last I found Mr Mitch Fraser who saved my life.

I was expecting jail sentence and I was innocent for the Domestic violence charges but at last Mitch Fracer and Zara they got me out clean without conviction which was unbelievable. I have never seen any lawyers like them in my life. If I say it I mean it.

I strongly say if Garde Wilson criminal Lawyers can’t save your Reputation, dignity and freedom to happy life by winning your case then no one can they are the best In Australia, unbelievable achievement and As we all know the Moorabbin court is a hard winning court where magistrates are very very strict but now I am highly convinced and thankful to Mitch Fraser and Zara who saved my life and they have fought till end for me, I have to say this law firm don’t chase dollars they are more focused to support And give you the most possible and positive outcome , they have good Barrister, Zara is Amazing Conclusion of my Review if you don’t seek legal advise from the Garde Wilson then you are playing with your life I highly recommend Garde Wilson Criminal defence lawyers if they can’t give you good Result then don’t waste your time with other law firms
Only one solution to your Problems that is Garde Wilson Criminal Defence lawyers
Therefore don’t waste your time with other lawyers you need someone who trust you and can protect you
Thanks once again Garde Wilson Lawyers I can’t pay your Debt all my life you are the best and number one law firm.