Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous Amendments) Act
2002
Act No. 35/2002
s. 17
(3) A defendant's acknowledgment to the Court
of responsibility for an offence is
inadmissible as evidence in a proceeding for
that offence and does not constitute a plea.
(4) If a defendant completes a diversion program
to the satisfaction of the Court—
(a) no plea to the charge is to be taken; and
(b) the Court must discharge the defendant
without any finding of guilt; and
(c) the fact of participation in the diversion
program is not to be treated as a finding
of guilt except for the purposes of—
(i) Division 1 of Part 3 and Part 10 of
the Confiscation Act 1997; and
(ii) section 9 of the Control of
Weapons Act 1990; and
(iii) section 151 of the Firearms Act
1996; and
(iv) Part 4 of the Sentencing Act
1991; and
(d) the fact of participation in the diversion
program and the discharge of the
defendant is a defence to a later charge
for the same offence or a similar
offence arising out of the same
circumstances.
(5) If a defendant does not complete a diversion
program to the satisfaction of the Court and
the defendant is subsequently found guilty of
the charge, the Court must take into account
the extent to which the defendant complied
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