CMY2604
Assignment 1 Semester 1 2026
Unique number:
Due date: 20 March 2026
Applicability of Diversion for Henry in terms of the Child Justice Act 75 of 2008
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, Applicability of Diversion for Henry in terms of the Child Justice Act 75 of 2008
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).
Assignment 1 Semester 1 2026
Unique number:
Due date: 20 March 2026
Applicability of Diversion for Henry in terms of the Child Justice Act 75 of 2008
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
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, Applicability of Diversion for Henry in terms of the Child Justice Act 75 of 2008
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).
