An Overview of the Concept of Diversion in The Administration of the Criminal Justice System in Australia: Lessons for Nigeria

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Autori principali: Adetifa, E. K., Ogunkorode, O. O
Natura: Recurso digital
Lingua:inglese
Pubblicazione: Zenodo 2025
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author Adetifa, E. K.
Ogunkorode, O. O
author_facet Adetifa, E. K.
Ogunkorode, O. O
contents <p>The percentage of conviction and trial has reduced greatly in countries that practice diversion programs. One concept that promotes restorative justice is diversion. It 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. However, some countries do not adopt diversion due to the likelihood of abuse by potential misdemeanor defendants. This study examined restorative justice, diversion, types and benefits of diversion, and recidivism. It drew some lessons from Australia and adopted doctrinal research methodology. It employed primary sources such as case law, statutes, and secondary sources, such as textbooks, journal articles, and online materials. Findings revealed that diversion has not received wide publicity and adoption because it is believed it might increase criminal activities in society. This study concluded that diversion reduces the backlog of cases in court, helps first-time defendants, and encourages communication and settlement between victims and defendants. This paper recommended that diversion should be incorporated into Nigerian law with stringent conditions to avoid abuse of the program</p>
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spellingShingle An Overview of the Concept of Diversion in The Administration of the Criminal Justice System in Australia: Lessons for Nigeria
Adetifa, E. K.
Ogunkorode, O. O
Crime
Defendant
Diversion
Restorative Justice
Victim
<p>The percentage of conviction and trial has reduced greatly in countries that practice diversion programs. One concept that promotes restorative justice is diversion. It 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. However, some countries do not adopt diversion due to the likelihood of abuse by potential misdemeanor defendants. This study examined restorative justice, diversion, types and benefits of diversion, and recidivism. It drew some lessons from Australia and adopted doctrinal research methodology. It employed primary sources such as case law, statutes, and secondary sources, such as textbooks, journal articles, and online materials. Findings revealed that diversion has not received wide publicity and adoption because it is believed it might increase criminal activities in society. This study concluded that diversion reduces the backlog of cases in court, helps first-time defendants, and encourages communication and settlement between victims and defendants. This paper recommended that diversion should be incorporated into Nigerian law with stringent conditions to avoid abuse of the program</p>
title An Overview of the Concept of Diversion in The Administration of the Criminal Justice System in Australia: Lessons for Nigeria
topic Crime
Defendant
Diversion
Restorative Justice
Victim
url https://doi.org/10.5281/zenodo.17054046