Diversion

A turning aside or altering of the natural course or route of a thing. The term is chiefly applied to the unauthorized change or alteration of a water course to the prejudice of a lower riparian, or to the unauthorized use of funds.

A program for the disposition of a criminal charge without a criminal trial; sometimes called operation de nova, intervention, or deferred prosecution.

The disposition is conditional on the defendant's performing certain tasks or participating in a treatment program. If the conditions are successfully completed, the charge is dismissed. But if the accused does not meet his or her obligations, prosecution may be instituted.

Cross-references

Riparian Rights.

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diversion n. in criminal procedure, a system for giving a chance for a first time criminal defendant in lesser crimes to perform community service, make restitution for damage due to the crime, obtain treatment for alcohol or drug problems and/or counselling for antisocial or mentally unstable conduct. If the defendant cooperates and the diversion results in progress, the charges eventually may be dismissed. Diversion may not be granted for a second offense. (See: probation)