CMY2604
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, 1. Introduction
The child justice system in South Africa recognises that children who come into
conflict with the law must be treated differently from adults. Children are still
developing emotionally and socially and therefore the law aims to correct behaviour
while protecting their dignity and development. One of the most important
mechanisms used to achieve this goal is diversion. Diversion allows a child offender
to be removed from the formal criminal justice system and placed in programmes
that promote accountability and rehabilitation rather than punishment.
The Child Justice Act 75 of 2008, as amended by the Child Justice Amendment Act
9 of 2019, provides a legal framework for dealing with children who commit offences.
The Act promotes restorative justice and encourages solutions that support the
child’s reintegration into society. In the scenario provided, Henry is a fifteen year old
boy who stole a bicycle. Because he is a child and the offence is relatively minor, the
prosecutor must consider whether diversion is appropriate.
This discussion evaluates the applicability of diversion in Henry’s case by examining
the objectives of diversion, the legal criteria required for diversion, and the level of
diversion options that may apply to his situation.
2. Definition of Key Concepts
Diversion
Diversion refers to a legal process that removes a child offender from the formal
criminal justice system and places the child in programmes that focus on
rehabilitation and restorative justice rather than punishment. The aim is to deal with
the matter in a constructive manner that benefits the child, the victim and the
community. Diversion also seeks to prevent the negative consequences that may
result from exposing children to formal court processes and imprisonment (CMY2604
Study Guide 2024).
Restorative Justice
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, 1. Introduction
The child justice system in South Africa recognises that children who come into
conflict with the law must be treated differently from adults. Children are still
developing emotionally and socially and therefore the law aims to correct behaviour
while protecting their dignity and development. One of the most important
mechanisms used to achieve this goal is diversion. Diversion allows a child offender
to be removed from the formal criminal justice system and placed in programmes
that promote accountability and rehabilitation rather than punishment.
The Child Justice Act 75 of 2008, as amended by the Child Justice Amendment Act
9 of 2019, provides a legal framework for dealing with children who commit offences.
The Act promotes restorative justice and encourages solutions that support the
child’s reintegration into society. In the scenario provided, Henry is a fifteen year old
boy who stole a bicycle. Because he is a child and the offence is relatively minor, the
prosecutor must consider whether diversion is appropriate.
This discussion evaluates the applicability of diversion in Henry’s case by examining
the objectives of diversion, the legal criteria required for diversion, and the level of
diversion options that may apply to his situation.
2. Definition of Key Concepts
Diversion
Diversion refers to a legal process that removes a child offender from the formal
criminal justice system and places the child in programmes that focus on
rehabilitation and restorative justice rather than punishment. The aim is to deal with
the matter in a constructive manner that benefits the child, the victim and the
community. Diversion also seeks to prevent the negative consequences that may
result from exposing children to formal court processes and imprisonment (CMY2604
Study Guide 2024).
Restorative Justice
© Study Shack 2026. All rights Reserved +27 81 278 3372
