n Acta Criminologica: Southern African Journal of Criminology - Diversion : the present position and proposed future provisions

Volume 17, Issue 2
  • ISSN : 1012-8093



This article deals with the various aspects of diversion. The provisions providing for diversion in the International Instruments relating to the rights of children in conflict with the law are highlighted. The policy directive issued to prosecutors in this regard by the National Prosecuting Authority, the aims and purposes of diversion, the different diversion programmes available in South Africa at the moment, the consequences of non-compliance with diversion, the current position in South Africa, the question whether or not diversion is working and the role of communities in this process are being discussed. Furthermore, the proposed provisions relating to diversion in the Child Justice Bill, 2002 are reflected. There is a definite need in our country for legislation ruling, monitoring and measuring the diversion process. All the role players involved in the adjudication of juvenile offenders as well as the parents and guardians of juveniles should be actively drawn into this process and participate to make it work for the benefit of our children and our society.

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