So what is the point of a diversion

[D30417995]

Recently there have been many threads about people who've done wrongs and worrying about their medical career...or potential one. I've got a question here. My housemate has got a diversion for some minor offence in his 3rd year, and he's now in residency, so clearly it didn't stop him from being liscensed to practise medicine. So I look up a bit about what a diversion really is, one thing interesting came up...

So afterall, what's the point of having a diversion? From what I know, the point of giving diversions is to divert people who've committed very minor offences from the court, so the court can reduce its cases to handle and also allow those people a chance to be good again without jeopardising their future. HOWEVER, when those people get a police check in hard copy, it will show what the offence is, that a diversion has been granted, and the case is dismissed. SOOOOOO, how does a diversion not jeopardise one's future? How does a diversion give someone another chance? From my limited legal knowledge, one might say that a diversion is the same as a good behaviour bond, which is one level up in terms of severity, and one level under a conviction. Why is it that so many people say a diversion will not show on the police check and there's no record? I mean, clearly there is a record; if not, how can the police tell whether someone has got a diversion before and whether or not he is worthy to be granted one?

The legal system sometimes does seem a little bit wtf....

---

Members don't see this ad.

 

[jbrice1639]

seems like it would be like when you get a speeding ticket and do the traffic school to keep it off your record. it's on file so that if you get another traffic offense, the police are aware of it (usually that's for a probation period of a year). however, when an insurance company does a check of your record, the offense doesn't show up - you have a clean record - even during that probation period.

this would probably be the same. it's not on your searchable record, but if you were to commit the same or similar crime in the future, it would show a pattern.

needless to say, i'm no lawyer...but if it works for traffic violations, i could see a similar system working for whatever "minor" offenses we're talking about here.

 

[D30417995]

Okay, let me elaborate a bit more. He and his girlfriend were having sex in their own room; however, the room is on the ground floor and faces the street and their blinds weren't fully shut. Some people saw them and reported to the police and he was charged with indecent exposure.

He told me even though he got a diversion, when he did a check on himself, it shows that he's been charged with indecent exposure and was given a diversion. What's worse is that this record remains permanent; i.e. everytime he or someone else does a check on him it will show his offence. What's more ridiculous is that everytime he asked the police, the police told him "there's no record", and yet I've seen his police report and it does state very clearly his offence and the magistrate's decision.

Afterall, I think there's no real point to giving people diversions when their future employers can see their offences anyway.

 

[lilnoelle]

Well, its possible that by being given a diversion he was allowed to remain off the sexual offenses list. Seems worthwhile to me.
I worked with a guy for two years that was on the Missouri sexual predator list. I always wondered what he did, and assumed it was something like indecent exposure or something like (relatively serious) harassment. It was written down as "sexual misconduct" in the record. He wouldn't talk to anybody about it, so we never found out. Previously to knowing this guy and doing some looking on the registry, I assumed everyone on that type of list were rapist or pedophiles. Not true.

 

[jbrice1639]

Okay, let me elaborate a bit more. He and his girlfriend were having sex in their own room; however, the room is on the ground floor and faces the street and their blinds weren't fully shut. Some people saw them and reported to the police and he was charged with indecent exposure.

He told me even though he got a diversion, when he did a check on himself, it shows that he's been charged with indecent exposure and was given a diversion. What's worse is that this record remains permanent; i.e. everytime he or someone else does a check on him it will show his offence. What's more ridiculous is that everytime he asked the police, the police told him "there's no record", and yet I've seen his police report and it does state very clearly his offence and the magistrate's decision.

Afterall, I think there's no real point to giving people diversions when their future employers can see their offences anyway.

maybe the point of the diversion is that it shows whoever is doing the background check that an offense was committed, but it was so insignificant, pursuing charges and/or a trial was unnecessary.

and, how about the peeping tom charges for the perv looking in the window...

 

[D30417995]

and, how about the peeping tom charges for the perv looking in the window...

Yeah, exactly! I was also thinking along that line. Those nosy peeping tom should be charged too! I've seen people actually stopping in front of my house and looking right into my window. Now, those people should be arrested too! and it's not like my housemate and his gf did it in the public.