Diversion is a program that allows certain accused persons to have their criminal charges withdrawn without a trial or guilty plea. The accused completes conditions set by the Crown — which may include community service, counselling, charitable donations, a letter of apology, or other rehabilitative measures — and upon successful completion, the Crown withdraws the charges.
Diversion programs are administered locally and vary by jurisdiction. In Ontario, eligibility typically requires that the accused has no prior criminal record, the offence is relatively minor, and the accused accepts responsibility for their conduct. Common offences resolved through diversion include theft under $5,000, minor assaults, mischief, and some fraud charges.
Not all offences are eligible for diversion. Impaired driving, sexual offences, and domestic assault cases are generally excluded from diversion programs, although domestic assault charges in some jurisdictions may be eligible for the Partner Assault Response (PAR) program, which functions similarly. Defence lawyers negotiate diversion with the Crown early in the process, as it avoids both the uncertainty of trial and the consequences of a criminal record.