NCJ Number
102902
Date Published
1986
Length
11 pages
Annotation
This paper proposes a strategy for formalizing pretrial diversion decisions in Australian jurisdictions.
Abstract
Currently in Australia, the police, who are responsible for prosecuting defendants, decide whether or not to prosecute on the basis of the evidence available. No attention is given to diverting the defendant to health and welfare services and foregoing criminal processing. Some agency, possible the Office of the Director of Public Prosecutions, should be established to conduct an independent assessment of whether to prosecute or divert a defendant. The secrecy surrounding the police decision to prosecute should be removed, and the defense should have access to all records bearing upon possible prosecution before the decision about whether or not to prosecute is made. In certain types of cases, such as drug abuse cases, prosecution should be routinely deferred until treatment issues are considered. Also, many more offenses should be made punishable on the spot by a fine at the election of the person charged. Some cases should be submitted to mediation prior to the decision about whether or not to prosecute. This would provide for the victim's input into any diversion considerations and also ensure that the defendant's rights are respected. 2 notes.