Analyse child justice reform:
Diversion programmes - An alternative to criminal proceedings for
Restorative justice model
The values:
children who have contravened the law
- Used when child has committed an
offence
- Child must freely acknowledge the crime
- Acknowledging the crime will not be used
in future criminal proceedings
- There are provisions as who can apply for
a diversion program
- Completing a diversion program = Not a
criminal record
- Formal limits and guidelines should be
set for the use of diversion
- It’s a sentencing approach
- Can be seen as blended method
approach
- It’s a voluntary process to bring victims
and offenders together
- Aim: to address effects of the crime on
community
- Example: victim offender mediation
- In the mediation: meet with offender
personally; trained faciliator facilitate the
discussion between families of offenders
and victims.
- Aim: to find a solution which will
promote reconciliation as opposed to
punishment and retribution
- Legal professionals play a minimal role
- Dependent on intervention of social
development programms
1. Non-domination: listen to each; taking
accountability and respect each other’s
human rights
2. Healing and restoration of peace;
relationships; property loss and
prevention of future injustices
3. Remorse and mercy: apologizing and
forgiveness
- Can occur at any stage
- Its adjudication without any convictions
- However, offender will choose this
process over going through trial
- Does not have to admit guilt
- Source: UBUNTU
Child Justice Act - Before, black children were subjected to
injustices during Apartheid
- They were denied the ability to live and
act as children
- Acknowledges the role of the
Constitution in protecting the rights of
children
- Therefore, CJA enacted to be in line with
the Constitution.
- Values within Constitution: Ubuntu
What is ubuntu?
- Based on fairness; reconciliation and
compassion
- Recognised in African indigenous groups
- It’s a humanitarian approach
Aim of the CJA
- Protect rights of the children as
mentioned in Constitution
- Balance the right of the child offender
and community
One of characteristics of CJA is restorative justice
- Child must take accountability
- Take measures to prevent recidivism
- Involve child and its family + community
to address the issue
Ubuntu and the Child
- Develop the child’s dignity and worth
- Respect the child’s human right
Ubuntu humanizes the CJA
- Example: diversion is the centre of the
CJA
Objectives of diversion:
- Promote child’s dignity and well-being
- Encourage accountability
- Provide opportunity of victim
participation and compensation
- Reintegration of child into community
- Reconciliation between child and victims
Two types of diversion options:
1. Level 1 diversion: less serious nature:
oral/ written apology
2. Level 2 diversion : serious nature
- Compulsory attendance at specified
centre or place for specific purpose