CMY2604
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Detailed solutions, explanations, workings
and references.
+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
Varsity Cube 2026 +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Detailed solutions, explanations, workings
and references.
+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
Varsity Cube 2026 +27 81 278 3372
