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4 Things You Need to Know About Diversion

It should mean the withdrawal of your criminal charges

Diversion is about holding people responsible for their actions and providing an alternate route to a criminal conviction or discharge.  The good news is that the charges should be withdrawn against you if you successfully complete a certain course of conduct.  You may be required to do community service work, counselling or meet with others affected in your case amongst the terms to complete your matter.  This process is generally available on less serious charges only but issues of mental health, addiction, personal circumstances, strength of the crown's case or even issues of your heritage may make it available for a wider set of charges.

You may still need to accept responsibility for some wrongdoing

This requirement varies from jurisdiction to jurisdiction and while diversion may seem like a good option, you cannot accept responsibility for anything you didn't do.  It is important to make sure that if you are accepting any wrongdoing, that you make sure that you are not admitting it to any civil or criminal standard and that the actions you are accepting are true to some degree.  There are different levels of acceptance and of wrongdoing.  You need to make sure you are accepting what is required or else you may be removed from the diversion stream.

You may still have a record

While diversion typically ends with the withdrawal of criminal charges, there is still a record of you being charged kept by the police service in most cases.  It is important that you or your lawyer follow up to make sure that this is destroyed along with any fingerprints or DNA samples that may have been taken.  This can be a frustrating process but is very important to complete.  Vulnerable Sector Checks can show even withdrawn charges if you do not successfully purge your record.

Civil Liability

Entering into diversion to avoid criminal charges often seems like an easy and beneficial method of completing your charges and usually it is.  However, you must know that agreeing to diversion could be an admission of civil liability and make it much easier for someone to sue you if they were hurt or any damage was done as a result of your actions.  It is important if this is a concern at all to review it with a lawyer to step carefully through this issue as it can often be avoided.

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