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Child Justice Act, 2008 (Act No. 75 of 2008)

Notices

Directives issued in terms of Section 97(4) of the Child Justice Act, 2008 (Act 75 of 2008)

Children in Conflict with the Law

I. Diversion of matters at a trial

 

I. Diversion of matters at a trial

 

1. Where the matter has not been diverted at a preliminary inquiry, the prosecutor may indicate that the matter can be diverted until the point in the proceedings before the case for the prosecution is concluded. Once the prosecution has closed it’s case the prosecutor may no longer request the presiding officer to make a diversion order in respect of the child.

 

2. After the consideration of all relevant information, including whether a child has a record of previous diversions, a prosecutor may give consideration to diversion where the requirements set out in paragraph F1 above are met. Where a prosecutor indicates that the matter can be diverted, he or she must request the presiding officer to make an order for diversion of the child.

 

3. Although the prosecutor may summarily indicate that the matter may be diverted where the offence is minor as listed in Schedule 1 of the Act, where the investigating officer and/or victim or any person with a direct interest in the affairs of the victim is readily available, such persons should be consulted.

 

4. Where the offence is a more serious offence listed in Schedule 2 of the Act, the prosecutor may only indicate that the matter may be diverted after he or she has—
(a) consulted with the investigation officer; and
(b) considered the views of the victim or any person with a direct interest in the affairs of the victim, whether or not the matter may be diverted, unless it is not reasonably possible to do so.

 

5. Diversion in respect of offences listed in Schedule 2 of the Act may only be agreed to with the authorisation of a Senior Public Prosecutor.

 

6. In the case of serious offences listed in Schedule 3 of the Act, the written direction of the relevant DPP is required (see Paragraph J below). The proceedings may be postponed in order to obtain the written indication of the DPP.