L20- Diversions

Question 1

You are a prosecuting a matter and at court which involves a sexual offence. You have decided to offer the Accused a Diversion notice which is accepted. You walk back to the office and wonder, did I make the wrong call? Did you?

Answer 1

Yes. For ANY sexual offence, a diversion and any resulting withdrawl or charges MUST NOT be offered to the accused without PRIOR APPROVAL from the OIC of the specialist sexual offences prosecution unit

Question 3

What are ineligible offences for adult diversions?

Answer 3

Indictable offences which are NOT triable summarily, offences which are punishable with a fixed/minimum penalty e.g mandatory loss of licence ie cancellation/suspension of licence/permit (e.g XPCA, XPCD, drive manner dangerous, fail to stop).

Question 4

Who must agree to the diversion?

Answer 4

The Prosecutor and Accused

Question 5

For an F/V diversion or any resulting withdrawal of charges, where do we need to get approval from prior to offering diversion? remember children diversions are different

Answer 5

ANGE

Question 6

What factors should be reviewed when considering a diversion>

Answer 6

Nature and seriousness of the offending, the accused’s background in relation to F/V, a future risk of F/V and any other relevant information.

Question 7

For approval for Sexual Offences Diversions who grants those?

Answer 7

OIC of the Specialist Sexual Offences Prosecution Unit

Question 8

Who grants Firearms offences?

Answer 8

Inspector from the Licencing and Regulation Division