If you’ve been charged with a criminal offence in Victoria and it’s your first time before the courts, you may be eligible for what’s known as the Diversion Program. This program provides an opportunity to resolve a matter without a criminal conviction, helping individuals avoid the long-term consequences of a criminal record.

At Elbob & Stephenson Legal, we’ve assisted countless clients in successfully applying for Diversion and protecting their future. If you’re facing criminal charges, it’s essential to speak with an experienced lawyer to determine whether this pathway is available to you.

What Is the Diversion Program?

The Diversion Program is a process within the Magistrates’ Court of Victoria that allows first-time offenders to take responsibility for their actions without receiving a criminal record. It’s designed for individuals who have committed low-level offences, show genuine remorse, and are unlikely to reoffend.

The program focuses on rehabilitation, education, and reparation—often involving:

• A letter of apology to the victim (if applicable)
• Undertaking counselling or treatment (e.g. drug, alcohol, anger management)
• Volunteering or making a charitable donation
• Paying compensation for any damage or loss

Upon successful completion of the Diversion Plan, the charge is dismissed, and no conviction is recorded.

Who Is Eligible for Diversion?

Diversion is not available for all offences or all individuals. Eligibility depends on a range of factors, including:

• The offence is suitable for diversion (serious indictable offences are generally excluded)
• You have no prior criminal history
• You accept responsibility for the offence
• The police informant agrees to recommend Diversion
• The Magistrate is satisfied that it is appropriate

It’s important to note that Diversion is not a right—it’s a discretionary outcome that requires careful legal submissions and support from Victoria Police.

Why Legal Representation Matters

A well-prepared Diversion application can make all the difference. At Elbob & Stephenson Legal, we will:

• Assess your eligibility and advise whether Diversion is a realistic option
• Liaise with the prosecuting agency and police informant on your behalf
• Prepare compelling material to support your application
• Appear in court to advocate for you during the Diversion hearing

Many clients come to us believing their charge will automatically result in a conviction—but this isn’t always the case. With the right legal advice, Diversion can be a life-changing opportunity to keep your record clean and avoid harsh penalties.

Contact Our Office for Advice

If you’ve been charged with an offence and think you may be eligible for Diversion, don’t delay. The earlier you seek legal advice, the better your chances of achieving the best possible outcome.

Contact Elbob & Stephenson Legal today to speak with one of our experienced criminal lawyers. We’re here to protect your future and guide you through every step of the process.