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n South African Journal of Criminal Justice - Diversion provisions in terms of the Child Justice Act 75 of 2008

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Abstract

Diversion of cases involving child offenders has been part of the South African criminal justice system since the early 1990's. However, prior to the implementation of the Child Justice Act 75 of 2008, there was no legal framework for diversion and this increased the risk of discriminatory practices against child offenders. The Child Justice Act 75 of 2008 provides the much-needed legal framework for diversion which gives guidance on the considerations for diversion, diversion options, the duration of diversion and accreditation of diversion programmes and diversion service providers. Before the implementation of the Child Justice Act 75 of 2008, diversion (in the cases where it was considered at all) was almost always considered before the matter was placed on the court roll or shortly thereafter, but definitely before plea. The Child Justice Act 75 of 2008 provides for various stages where diversion can be considered up until closure of the state's case. This article discusses the diversion process in terms of the Child Justice Act 75 of 2008, highlights some of the important provisions and provides insight into case law on diversion since the implementation of the Child Justice Act 75 of 2008.

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/content/ju_sajcj/26/3/EJC152994
2013-01-01
2016-12-02
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