If you are referred to a diversion, the case goes to a judicial officer, where you must fill out a questionnaire and attend an interview. The case is then referred back to a judge for a final decision. If a redirect is granted, you must meet a number of conditions as part of the redirect plan. In February 2012, the UK government committed to establishing a national interconnection and diversion service by 2014, with 101 sites duly announced by the Department of Health. [10] Diversion has also been found to be a key component of a more effective approach for young adults in criminal proceedings. [11] A two-year UK pilot project, organized by the Centre for Mental Health with support and funding from the Youth Justice Board, explored how to ensure that children and youth with mental health issues receive the help they need once they enter the juvenile justice system. [12] The suitability of a particular respondent depends on the facts of the case, the nature of the offence charged, that person`s criminal history, and whether we have a program for the type of offence committed. A prosecutor reviews all cases with distraction issues. Some states, such as Tennessee, require the trial court to consider a variety of factors in determining whether the defendant is eligible for diversion. These factors include: (1) the defendant`s ability to correct, (2) the circumstances of the crime, (3) the defendant`s criminal record, (4) the defendant`s social history, (5) the defendant`s mental and physical health, (6) deterrent value to the defendant and the rest of society. If the defendant successfully completes the diversion program, the charges are dropped and sealed.
If the defendant does not pass the program, the case picks up where it left off. Distraction before the trial is sometimes called deferred recording of the judgment. • The alleged offence must be minor and must be tried by the court of first instance. If this is too serious, it is unlikely that a redirect will be available; Recent changes have been made to the distraction of offences. These changes allow defendants to participate in a distraction program without pleading guilty. Typically, the defendant`s lawyer (or the person who is not represented by a lawyer) is informed of eligibility for diversion either at the time of the indictment or at a pre-trial conference (CFP). Defendants who agree to a diversion program for shoplifting or shoplifting must complete classroom courses and training. They may also be asked to write a letter of apology to the victim of their crime, to do community service and to pay compensation to the victim. Almost all crimes – felonies and misdemeanors – are eligible for mental health distraction.
However, the following offences are not eligible for mental health distraction: To be eligible for drug diversion or misdemeanours, all of the following conditions must be met: Diversion can ensure that individuals with mental health issues entering the criminal justice system (or at risk of entering the criminal justice system) are identified and receive appropriate mental health services. Treatment and any other support they need. They can inform you of your options and negotiate with the attorney on your behalf. It is important that you speak to a lawyer before pleading guilty in court. Once you plead guilty, you are no longer entitled to a distraction program. However, some distraction programs require the defendant to make an admission of guilt or make a confession that is held in the event that they do not pass the program. Diversion programs often present these requirements as an alternative to the involvement of the courts or the police or, if these institutions are already involved, to other prosecutions. Successful completion of program requirements often results in fees being rejected or reduced, while failure may reduce or increase the penalties associated with them. Charges dismissed for a distraction program will always result in additional criminal charges under U.S. sentencing guidelines if a court has found guilty or the defendant has pleaded guilty or otherwise admitted guilt in public court, provided that the injunction or deferred decision is not a juvenile matter.
[4] If the defendants do not complete the distraction program, their case will be reopened. If a distraction program fails, a case will no longer go to court. Prior to 2018, defendants had to plead guilty to qualify for diversion. This is no longer the case.1 If the defendant decides to have a distraction, the court assigns a treatment list. The defendant must waive his right to a speedy trial. The defendants then have some time to complete the treatment list. This list often includes: Pre-trial diversion occurs after the accused has been charged, but before trial. This is the most common of the two types of redirect programs. If you make a pre-trial diversion, the charge is put on hold and, if the defendant successfully completes the program, the charges are dismissed. The Youth Entertainment and Mediation Programme was launched in 2010 as a pilot project in four cities: Tbilisi, Rustavi, Batumi and Kutaisi.
[20] As Andro Gigauri, a senior official at the Ministry of Justice of Georgia and author of the program,[21] expected in 2011, the entertainment and mediation program was expanded with the adoption of amendments to the Georgian Code of Criminal Procedure. [22] Since 2013, the diversion program has applied to all first-time offenders (without geographical restrictions) who commit a non-violent offence in cases where the accused is under 21 years of age. Since 2015, the Youth Distraction and Mediation Program has also been governed by the Juvenile Justice Code of Georgia. [23] Depending on the type of crime the accused has been charged with, various distraction programs are available ..