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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

J. Diversion of matters in respect of serious offences

 

J. Diversion of matters in respect of serious offences

 

1. Where an offence is listed in Schedule 3 of the Act, a matter may only be considered for diversion if exceptional circumstances exist, and the DPP having jurisdiction has indicated in writing that the matter may be diverted.

 

2. The exceptional circumstances that may exist include—
(a) particular youthfulness;
(b) particularly low developmental level of a child;
(c) presence of particular hardship, vulnerability or handicap (e.g. where the child heads a household);
(d) victim prefers diversion to trial as he/she does not want to testify in court;
(e) compelling mitigating circumstances such as diminished responsibility;
(f) undue influence exerted upon the child in the commission of the offence (e.g. Persons using children to commit offences);
(g) witnesses for the prosecution are fragile and/or unwilling to testify; or
(h) to proceed would be potentially damaging to a child witness/victim.

 

3. Furthermore, the DPP may only indicate that such a matter be diverted where the DPP has consulted with the investigation officer and considered the views of the victim or any person with a direct interest in the affairs of the victim.

 

4. Where it is reasonable to do so, the DPP should have given the victim or the person with a direct interest in the affairs of the victim an opportunity to express a view on—
(a) whether or not the matter should be diverted; and if so,
(b) the nature and content of the diversion option being considered; and
(c) the possibility of including in the diversion option a condition relating to compensation or the rendering of a special benefit or service.