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Home / Northern Advocate

Police diversion will see changes

Imran Ali
By Imran Ali
Multimedia Journalist·Northern Advocate·
7 Apr, 2013 10:47 PM3 mins to read

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More offenders could be eligible for police diversion in Northland as part of a policy review.

It follows a significant drop in diversion cases in the region - the highest in New Zealand.

The 2.2 per cent diversion rate recorded in Whangarei last year was the lowest in the country, according to statistics from the New Zealand Law Society, although the 80 per cent convictions were among the top four in the country.

Dunedin recorded the highest percentage of diversion at 9.3, followed by North Shore at 8 per cent. Diversion allows first-time offenders the chance to avoid conviction if they admit their guilt, apologise and make amends for their offending, usually a donation to charity.

It is not available to anyone charged with crimes involving burglary, dishonesty, violence, sexual offences or serious drug offending. Diversion also cannot be applied to those who breach court orders or commit traffic violations that carry mandatory disqualification.

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Northland District Prosecution manager Rebekah Brown said pre-charge warnings that targeted low-level offenders had significantly affected the number of diversions and the donations being made as a condition of diversion. Pre-charge warnings, introduced in September 2010, are an alternative to prosecution and conviction and apply to offences such as breach of liquor ban, disorderly behaviour and fighting in public. Ms Brown said a drop in crime was also impacting on the number of diversion cases being undertaken. Northland police issued 811 pre-charge warnings in the 2011/12 financial year.

She said a police focus on reparation to victims of crime via one-off donations did not contribute towards helping victims of crimes as well as rehabilitation for offenders. "Therefore we are amending the diversion policy to allow for more offenders to potentially become eligible for diversion, while still maintaining integrity in the system by making sure the charge fits the offence and offender-based criteria of our policy, while still opening up diversion to those who may not be a first time offender.

"Our focus for diversion is to succeed in reducing crime by holding offenders to account by focusing on reparation to their victims and rehabilitation for the problems that have led to their offending."

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Ms Brown said police also ensured that first time or minor offenders were given a second chance without the stain of a criminal conviction against their names.

Prominent Whangarei defence lawyer Dave Sayes said a drop in the diversion rate in Whangarei was offset by a high number of pre-charge warnings. Whangarei police prosecutors, he said, bent backwards to accommodate requests for diversion which substantially reduced the workload of court staff.

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