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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Once a diversion agreement has been signed and agreed upon,

Customer Question

Once a diversion agreement has been signed and agreed upon, can the Diversion Officer
revoke the conditions of that agreement before the completion date, stating "I didn't read your file properly".
No prior convictions, a couple of arrest for unlawful behavior, but no charges laid
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

There is no specific law which covers diversion procedure but Section 148 of the Criminal Procedure Act says"

148 Prosecutor must notify court if defendant completes programme ofdiversion

(1) The prosecutor must ensure that the court is notified if a defendant has successfully completed a programme of diversion (being a programme conducted in relation to any public prosecution) in respect of the offence charged.

(2)If notification is given under subsection (1), the court or the Registrar must dismiss the charge under section 147.

Expert:  Chris The Lawyer replied 1 year ago.

So once the steps have been completed, which means the fine and letters have been written, that completes the diversion, and the prosecutor must notify the court. So it would be difficult to back out of the agreement

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