Diversion: Present Position and Proposed Future Provisions

• NCJ Number: 219073
• Journal: Acta Criminologica Volume: 17 Issue: 2 Dated: 2004 Pages: 115-130
• Author(s): C. Badenhorst; H. Conradie
• Date Published: 2004
• Length: 16 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: South Africa
• Note: Downloaded July 3, 2007. To access the full text PDF: 1) select the provided PDF link; 2) from the Acta Criminologica Web site, select "Table of Contents"; 3) select the corresponding Volume and Issue (see the NCJRS abstract record for the exact Volume and Issue); 4) scroll the Table of Contents to the exact article and 5) click on the "full text" icon.

Annotation

After considering diversion as framed in international instruments, the current policy and practice of diversion in South Africa is examined, along with the effectiveness of diversion.

Abstract

Diversion can be defined as the channeling of specified cases in which persons admit guilt away from formal criminal justice processing with or without conditions. Diversion can occur prior to arrest, charging, a plea, a trial, or sentencing. The international Convention on the Rights of the Child, 1989, has elevated diversion to a legal norm for juvenile offenders. South Africa has committed to giving diversion this status for juveniles. In South Africa, the National Director of Public Prosecutions has issued a policy directive on diversion that outlines the procedures to be followed and the criteria to be considered by prosecutors in criminal cases for which diversion is applicable. This article indicates the types of cases for which diversion should not be considered, selection criteria for diversion in South Africa, procedures after a suitable candidate for diversion has been identified, and recordkeeping in diversion cases. The formal diversion programs available in South Africa are briefly described. There are various indications that diversion is working in South Africa, but better measures of its effectiveness must be put in place in order to ensure that all deserving cases, particularly those involving juvenile offenders, are considered for diversion. Provision should also be made to ensure that all similar cases are treated in the same manner. The inclusion of the diversion process in the Child Justice Bill of 2002 is a significant step in the Government's efforts to comply with its obligation to provide for diversion of juveniles under the Convention on the Rights of the Child, 1989. A 15-item bibliography