What is the concept of diversion?
What is the concept of diversion?
In the context of criminal law, diversion refers to diverting a defendant out if the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when a defendant successfully completes a diversion program.
Is diversion a crime?
If the defendant successfully completes diversion, the charges will be dismissed and sealed from his/her criminal record. In other words, there will be no criminal conviction. If defendants fail to complete the diversion program, their case will resume.
What is diversion in juvenile justice?
Diversion is a term used to describe intervention approaches that redirect youths away from formal processing in the juvenile justice system, while still holding them accountable for their actions. Preadjudication diversion seeks to divert youths who would otherwise have been formally processed in juvenile court.
What is a diversion order?
What is a Diversion Order? 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.
Why is diversion used in juvenile cases?
The idea behind diversion is that processing through the juvenile justice system may do more harm than good for some offenders (Lundman, 1993). First offenders or minor offenders may be diverted to an intervention at intake processing or prior to formal adjudication.
What is the difference between diversion and intervention?
Diversion program – refers to the program that the CICL is required to undergo after she/he is found responsible for an offense without resorting to formal court proceedings. Intervention – refers to a series of activities which are designed to address issues that caused the child to commit an offense.
How is diversion done at the level of the court?
At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to: (a) At the level of the Punong Barangay: (1) Restitution of property; (2) Reparation of the damage caused; (3) Indemnification for consequential damages; (4) Written or oral …
What is the age of criminal responsibility under RA 9344?
15 years old
Under RA 9344, the minimum age of criminal liability is 15 years old. This means that those within the age of 15 to 18 years old may be detained in youth centers and go through rehabilitation programs while those under 15 years old are exempted from criminal liability but must undergo intervention.
Is diversion the same as probation?
Diversion is designed for first-time offenders, and it helps keep the conviction off your record. The difference between diversion and probation is that probation is after conviction, and diversion is before conviction. Diversion is an agreement between us and the prosecutor.
What are the two main kinds of diversion programs?
There are two general types of diversion programs: informal and formal….Brief Background on Juvenile Diversion Programs
- teen/youth courts;
- mental health courts;
- restorative justice interventions;
- truancy prevention/intervention programs; and.
- mentoring programs.
What are examples of diversion programs?
There are many different examples of diversion interventions, such as restorative justice programs (including victim–offender mediation or family group conferencing), community service, treatment or skills-building programs (including cognitive–behavioral therapy or employment training), family treatment, drug courts, and youth courts.
What are some diversion programs?
Diversion program. A diversion program in the criminal justice system is a form of sentence in which the criminal offender joins a rehabilitation program, which will help remedy the behavior leading to the original arrest, and avoid conviction and a criminal record. The programs are often run by a police department, court,…
What does diversion mean?
1 : the act or an instance of diverting or straying from a course, activity, or use : deviation Bad weather forced the diversion of several flights. 3 : an attack or feint that draws the attention and force of an enemy from the point of the principal operation You create a diversion while I sneak inside the building.
What is diversion in corrections?
A diversion program in the criminal justice system is a form of sentence in which the criminal offender joins a rehabilitation program, which will help remedy the behavior leading to the original arrest, and avoid conviction and a criminal record.
