AN OVERVIEW OF THE CONCEPT OF DIVERSION IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN AUSTRALIA : LESSONS FOR NIGERIA

Abstract

The percentage of conviction and trial has reduced a great deal in countries that practice diversion program. One of the concepts that promote restorative justice is the concept of diversion. Diversion is devoid of conviction and sentence; it rather provides an alternative and more flexible punishment for the defendant.  It is often adopted to avoid recidivism; because of the belief that incarceration may lead to recidivism. However, some countries do not adopt diversion due to the likelihood of abuse by potential misdemeanour defendants. The study examined the concept of restorative justice, concept of diversion, types of diversion, benefits of diversion and recidivism. The study also drew some lessons from Australia. This study adopted doctrinal research methodology. It relied on primary sources such as case law, statutes and secondary sources such as textbooks, articles in journal and online materials. The study found out that diversion has not received wide publicity and adoption due to the fact that it might increase criminal activities in the society because it dispenses with the conviction and sentence of the defendant most especially a first defendant. The study concluded that diversion is an effective measure that reduces the backlog of cases in court, helps first time defendant, encourages communication and settlement between the victim and the defendant. The study also recommended that diversion should be enacted into Nigerian law with stringent conditions to avoid an abuse of the program.