Our View: Justice must not be diverted

Police diversion has its place in the New Zealand justice system - it frees up the courts and is often fair punishment for otherwise law-abiding citizens.
But are the courts being too lenient with its use?
The Bay of Plenty Times yesterday reported that the number of people receiving diversion rather than criminal convictions had soared in the past decade.
The figures from Statistics New Zealand show that 5757 people were charged with criminal offences in 2010. Of them, 4635 people were convicted and 705 received diversion.
In 2000, of the 3069 people charged, 2472 were convicted and 151 received diversion.
Diversion allows those before the court for the first time the opportunity to avoid conviction if they admit their wrongdoing, apologise and make amends for their offending.
It is not available to anyone charged with crimes involving burglary, dishonesty, violence, sexual offences, or serious drug offending. It also can not be applied to those who breach court orders or commit traffic violations that carry mandatory disqualification.
The scheme is an ideal deterrent for those not likely to commit another crime and for low-level offences.
It frees up the courts and jail cells as well as addressing reparation for victims and rehabilitation for offenders.
Bruce Hesketh, president of the Waikato and Bay of Plenty branch of the New Zealand Law Society, says it means those who make a bad decision when they are young won't be tarnished with a criminal record for the rest of their lives.
And those who take advantage of their second are brought back into the justice system and face harsher penalties.
But the system must have rigorous monitoring so offenders are not given the chance to commit further crimes. Offenders need to meet all the requirements to be eligible - it should not be handed out haphazardly.
Ken Evans, the Tauranga co-ordinator for Sensible Sentencing Trust, believes the "softly, softly" approach has little effect on some people. And he is right - there is a definite need in society for harsher penalties for violent and recidivist offenders.
Diversion is vital though in that it allows those who actually want to make positive changes in their lives to do so.
But all steps must be taken to ensure the system is not abused so those who genuinely deserve a second chance to do not miss out.