, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1: Diversion
1. Based on the scenario above, critically discuss the applicability of diversion for Henry with
reference to the Child Justice Act 75 of 2008 (as amended in the Child Justice Amendment Act 9
of 2019). In your discussion, you must address the objectives of diversion, the criteria required
for Henry to be diverted, and the appropriate level of diversion options available to him.
Introduction
The Child Justice Act 75 of 2008, as amended by the Child Justice Amendment Act 9 of 2019,
provides a framework for the treatment of children in conflict with the law. The concept of diversion
under this Act is a key part of the restorative justice approach, which aims to divert children from
formal criminal proceedings, allowing them an opportunity to rehabilitate and avoid the negative
impacts of the criminal justice system. In the case of Henry, a 15-year-old boy who stole a bicycle,
the applicability of diversion will be examined in light of the objectives, criteria, and options
outlined in the Child Justice Act.
Objectives of Diversion
The primary objectives of diversion are to:
Promote rehabilitation over punishment: Diversion aims to address the underlying causes of
criminal behavior by providing opportunities for personal development, education, and
reintegration into society. This is in line with restorative justice, which emphasizes healing and
reconciliation rather than retribution (CMY2604, Study Guide p. 79).
Avoid stigmatization: By diverting children from the formal criminal justice system, diversion
prevents the long-term social consequences that come with a criminal record (Skelton, 2011, p.
126).
Prevent future criminal behavior: Diversion programs seek to address the root causes of a
child's behavior, such as family problems, school failure, or substance abuse, to reduce the
likelihood of reoffending (Zaal & McKune, 2017, p. 108).
Ensure accountability: Diversion provides a means for children to take responsibility for their
actions and make amends, which contributes to their development as responsible individuals
(CMY2604, Study Guide p. 79).
Question 1: Diversion
1. Based on the scenario above, critically discuss the applicability of diversion for Henry with
reference to the Child Justice Act 75 of 2008 (as amended in the Child Justice Amendment Act 9
of 2019). In your discussion, you must address the objectives of diversion, the criteria required
for Henry to be diverted, and the appropriate level of diversion options available to him.
Introduction
The Child Justice Act 75 of 2008, as amended by the Child Justice Amendment Act 9 of 2019,
provides a framework for the treatment of children in conflict with the law. The concept of diversion
under this Act is a key part of the restorative justice approach, which aims to divert children from
formal criminal proceedings, allowing them an opportunity to rehabilitate and avoid the negative
impacts of the criminal justice system. In the case of Henry, a 15-year-old boy who stole a bicycle,
the applicability of diversion will be examined in light of the objectives, criteria, and options
outlined in the Child Justice Act.
Objectives of Diversion
The primary objectives of diversion are to:
Promote rehabilitation over punishment: Diversion aims to address the underlying causes of
criminal behavior by providing opportunities for personal development, education, and
reintegration into society. This is in line with restorative justice, which emphasizes healing and
reconciliation rather than retribution (CMY2604, Study Guide p. 79).
Avoid stigmatization: By diverting children from the formal criminal justice system, diversion
prevents the long-term social consequences that come with a criminal record (Skelton, 2011, p.
126).
Prevent future criminal behavior: Diversion programs seek to address the root causes of a
child's behavior, such as family problems, school failure, or substance abuse, to reduce the
likelihood of reoffending (Zaal & McKune, 2017, p. 108).
Ensure accountability: Diversion provides a means for children to take responsibility for their
actions and make amends, which contributes to their development as responsible individuals
(CMY2604, Study Guide p. 79).
