CMY2604
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences should
not always be subjected to the formal criminal justice process. Instead, the system promotes
restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as amended by the
Child Justice Amendment Act 9 of 2019, provides mechanisms to deal with children in
conflict with the law in a manner that protects their rights and supports their development.
One of the most important mechanisms created by the Act is diversion. Diversion allows a
child’s case to be redirected away from the formal criminal justice system toward
programmes that promote accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the concept
Terms the
of diversion, the objectives of diversion, the criteria required for diversion and of use
By making use of this document you agree to:
appropriate diversion options available under the
Use this document Act.
as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences
should not always be subjected to the formal criminal justice process. Instead, the system
promotes restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 9 of 2019, provides mechanisms to deal
with children in conflict with the law in a manner that protects their rights and supports
their development. One of the most important mechanisms created by the Act is diversion.
Diversion allows a child’s case to be redirected away from the formal criminal justice
system toward programmes that promote accountability, rehabilitation and reintegration
into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the
concept of diversion, the objectives of diversion, the criteria required for diversion and the
appropriate diversion options available under the Act.
2. Definition of Key Concepts
2.1 Diversion
Diversion refers to the process through which a child’s criminal matter is redirected away
from the formal court process to alternative programmes that focus on rehabilitation and
restorative justice (CMY2604 Study Guide 2024). The aim of diversion is to address the
child’s wrongdoing while avoiding the harmful effects associated with formal criminal
proceedings. Through diversion programmes, the child is encouraged to accept
responsibility and repair the harm caused to victims and the community.
2.2 Restorative Justice
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences should
not always be subjected to the formal criminal justice process. Instead, the system promotes
restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as amended by the
Child Justice Amendment Act 9 of 2019, provides mechanisms to deal with children in
conflict with the law in a manner that protects their rights and supports their development.
One of the most important mechanisms created by the Act is diversion. Diversion allows a
child’s case to be redirected away from the formal criminal justice system toward
programmes that promote accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the concept
Terms the
of diversion, the objectives of diversion, the criteria required for diversion and of use
By making use of this document you agree to:
appropriate diversion options available under the
Use this document Act.
as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences
should not always be subjected to the formal criminal justice process. Instead, the system
promotes restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 9 of 2019, provides mechanisms to deal
with children in conflict with the law in a manner that protects their rights and supports
their development. One of the most important mechanisms created by the Act is diversion.
Diversion allows a child’s case to be redirected away from the formal criminal justice
system toward programmes that promote accountability, rehabilitation and reintegration
into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the
concept of diversion, the objectives of diversion, the criteria required for diversion and the
appropriate diversion options available under the Act.
2. Definition of Key Concepts
2.1 Diversion
Diversion refers to the process through which a child’s criminal matter is redirected away
from the formal court process to alternative programmes that focus on rehabilitation and
restorative justice (CMY2604 Study Guide 2024). The aim of diversion is to address the
child’s wrongdoing while avoiding the harmful effects associated with formal criminal
proceedings. Through diversion programmes, the child is encouraged to accept
responsibility and repair the harm caused to victims and the community.
2.2 Restorative Justice
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
