More people are getting away with diversion instead of facing criminal charges in Tauranga with the number rising from 151 to 705 in a decade.
Figures released by Statistics New Zealand showed 5757 people were charged with criminal offences in 2010. Of them, 4635 people were convicted and 705 received diversion.
In 2000, 3069 people were charged. There were 2472 convictions and charges were not proven for 445 people and 151 people received diversion.
Diversion allows first-time offenders to escape a criminal conviction if they apologise and make amends for their offending.
Tauranga co-ordinator for Sensible Sentencing Trust Ken Evans said the figures showed New Zealand's court system had become too lenient with diversion.
"Our courts seem to be using it more and more and the Sensible Sentencing Trust thinks it's just the wrong thing to be doing because the people on diversion, many of them are doing further crimes while on diversion.
"What they are doing in effect is releasing bad people back into the community so they are able commit more crimes."
Mr Evans said the "softly, softly approach" had little effect on some people.
"If you are doing things like diversion and people are still just laughing at it and committing crimes, well you have to say 'hey, diversion is not working'."
Despite the increase in diversion numbers, the scheme is not available to anyone charged with crimes involving burglary, dishonesty, violent, sexual, or serious drug offending.
Anyone charged with breaching court orders or committing traffic violations that carry mandatory disqualification cannot be granted diversion.
Waikato Bay of Plenty Police Association regional director Senior Constable Wayne Aberhart said diversion had its place in New Zealand's justice system.
"There's a rigorous process anyone has to go through," Mr Aberhart said.
"It's not really an easy cop out. The first thing to acknowledge is that they are guilty."
Mr Aberhart disputed that people abused the scheme by committing crimes while on diversion.
If they did that they would no longer be on diversion and would face a harsher penalty, he said.
Diversion helped free up courts, pay back victims of crime, fix any property from crime and get people in need to alcohol or violence counselling, Mr Aberhart said.
The New Zealand Police website stated diversion had benefits of providing an incentive for non-recidivist offenders involved with low level offending to be punished and take responsibility for their actions without receiving a conviction.
President of the Waikato and Bay of Plenty branch of the New Zealand Law Society Bruce Hesketh said an increase in the number of people getting diversion was a good thing.
He questioned why a first-time offender charged with careless driving should be convicted instead of enrolled at a safety driving course, or someone who damaged a fence be made to fix it instead of having a conviction brought against them.
"It never ceases to astound me how people are so quick to want to condemn people if you make a mistake.
"I'm not talking about high-end crime, I'm talking about low-end stuff," Mr Hesketh said.
He said it was unfair on someone who made a bad decision when they were young to be tarnished with a conviction for the rest of their life.
About diversion
There must be sufficient evidence and public interest in pursuing the prosecution of case.
Generally, it is the offender's first offence (unless the offence is dissimilar to earlier offending or the offender has not offended for more than five years)
The offence is not serious
The offender has accepted full responsibility for the offences as described in the summary of facts
The offender has been explained their legal rights
The offender agrees to the terms (conditions) of diversion. Source: www.police.govt.nz
AdvertisementAdvertise with NZME.
Latest from Bay of Plenty Times
1000 patients a day: 'Essential' healthcare workers to strike for 24 hours
A 'full withdrawal' of labour will take place on April 2.