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DIVERSION FROM CRIMINAL JUSTICE IN AN ENGLISH CONTEXT

NCJ Number
37937
Author(s)
ANON
Date Published
1975
Length
48 pages
Annotation
THE FEATURES OF DIVERSION FROM THE CRIMINAL JUSTICE SYSTEM ARE EXAMINED, AND THE WAYS IN WHICH DIVERSION PROGRAMS MAY BE APPLIED AND IMPLEMENTED IN THE BRITISH SYSTEM ARE DISCUSSED.
Abstract
THE AUTHORS FIRST CONSIDERED WHETHER DIVERSION ALREADY EXISTED IN ANY FORM IN ENGLISH PRACTICE. SEVERAL SITUATIONS WERE IDENTIFIED IN WHICH A PRACTICE SIMILAR TO DIVERSION APPEARED TO EXIST, INCLUDING POLICE DECISIONS NOT TO PROSECUTE; WITHDRAWAL OF CHARGES; AND DEFERMENT OF SENTENCE. THE ADVANTAGES AND DISADVANTAGES OF DIVERSION ARE EXAMINED, AND PROBLEMS IN THE IMPLEMENTATION OF DIVERSION PROGRAMS ARE DISCUSSED. AMONG THESE PROBLEMS ARE THE KIND OF CASES WHICH WOULD BE CHOSEN FOR DIVERSION, THE TYPES OF DIVERSION THAT SHOULD BE UTILIZED, AND THE EVALUATION OF DIVERSION PROGRAMS. THE REPORT CONCLUDES THAT THE MODEL OF DIVERSION MOST SUITED TO THE ENGLISH CONTEXT WOULD BE ONE IN WHICH CRIMINAL PENALTIES WOULD BE LESSENED OR WITHDRAWN, RATHER THAN ONE IN WHICH INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM IS AVOIDED ALTOGETHER.

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