DIVERSION. or other services shall response.
Thus,
require the consent of diversion at the outset
United Nations Standard the juvenile, or her or his and without referral to
Minimum Rules for the parents or guardian, alternative (social)
Administration of provided that such services may be the
Juvenile Justice (The decision to refer a case optimal response. This is
Beijing Rules) shall be subject to especially the case where
review by a competent the offence is of a non-
Article 11 (as below
authority, upon serious nature and where
with commentary) application. the family, the school or
other informal social
11. Diversion 11.4 In order to facilitate control institutions have
the discretionary already reacted, or are
11.1 Consideration shall disposition of juvenile likely to react, in an
be given, wherever cases, efforts shall be appropriate and
appropriate, to dealing made to provide for constructive manner.
with juvenile offenders community programs,
without resorting to such as temporary As stated in rule 11.2,
formal trial by the supervision and diversion may be used at
competent authority, guidance, restitution, and any point of decision-
referred to in rule 14.1 compensation of victims. making-by the police,
below. the prosecution or other
Commentary agencies such as the
11.2 The police, the
courts, tribunals, boards
prosecution or other Diversion, involving or councils. It may be
agencies dealing with removal from criminal exercised by one
juvenile cases shall be justice processing and, authority or several or all
empowered to dispose of frequently, redirection to authorities, according to
such cases, at their community support the rules and policies of
discretion, without services, is commonly the respective systems
recourse to formal practised on a formal and in line with the
hearings, in accordance and informal basis in present Rules. It need
with the criteria laid many legal systems. This not necessarily be
down for that purpose in practice serves to hinder limited to petty cases,
the respective legal the negative effects of thus rendering diversion
system and also in subsequent proceedings an important instrument.
accordance with the in juvenile justice
principles contained in administration (for Rule 11.3 stresses the
these Rules. example the stigma of important requirement of
conviction and securing the consent of
11.3 Any diversion sentence). In many the young offender (or
involving referral to cases, non-intervention the parent or guardian)
appropriate community would be the best to the recommended
diversionary measure(s). appearance) or be based diversion.
(Diversion to community pressured into Programmes that
service without such consenting to diversion
consent would contradict programmes. Thus, it is involve settlement by
the Abolition of Forced advocated that provision victim restitution and
Labour Convention.) should be made for an those that seek to avoid
However, this consent objective appraisal of the future conflict with the
should not be left appropriateness of law through temporary
unchallengeable, since it dispositions involving supervision and
might sometimes be young offenders by a guidance are especially
given out of sheer "competent authority commended. The merits
desperation on the part upon application". (The of individual cases
of the juvenile. The rule "competent authority," would make diversion
underlines that care may be different from appropriate, even when
should be taken to that referred to in rule more serious offences
minimize the potential 14.) have been committed
for coercion and (for example first
intimidation at all levels Rule 11.4 recommends offence, the act having
in the diversion process. the provision of viable been committed under
Juveniles should not feel alternatives to juvenile peer pressure, etc.).
pressured (for example justice processing in the
in order to avoid court form of community-
NOTES:
It is simply turning juvenile offendors away from the formal justice system. It emphasizes
restorative justice as opposed to punishment.
It is also provided for in the CRC.
The rationale is to prevet the trauma caused by formal justice proceedings. It prevents
stigmatization.
Diversion guidelines. Not all crimes can be diverted. They guide Police. LDC has
guidelines.
At the very least the child should be a first time offendor. If not, the circumstances may
still suggest why the child did so. They child may be apologetic. The child should have a
fixed place of abode. This is relevant for counseling.
Section 89 of the Children Act.
As stated above Diversion is one at any stage. Best done by Police to save the child the
trouble at all.
Police Diversion Guidelines.