oa Article 40 - Paperweight or powertool : a critical appraisal of the potential of the proposed preliminary inquiry procedure

Volume 6 Number 2
  • ISSN : 1562-4382



Extracted from text ... 3 History The preliminary inquiry (PI) was developed by the Project Committee of the South African Law Commission that drafted the Child Justice Bill. It followed the ad hoc development of diversion in the 1990s that was heavily dependant on prosecutorial goodwill, corridor negotiations by legal representatives and the marketing of diversion by Nicro. In addition, Article 40(3)(b) of the Convention on the Rights of the Child requires ""laws, procedures ... and measures aimed at dealing with children without resorting to judicial proceedings"". This has been interpreted as meaning that diversion cannot rest solely on the whims of individual prosecutors. ..

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