Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 8 : Diversion54. Selection of diversion option |
| (1) | The following factors must be considered when a diversion option is selected: |
| (a) | The diversion option must be at the appropriate level in terms of section 53; |
| (b) | the child's cultural, religious and linguistic background; |
| (c) | the child's educational level, cognitive ability and domestic and environmental circumstances; |
| (d) | the proportionality of the option recommended or selected, to the circumstances of the child, the nature of the offence and the interests of society; and |
| (e) | the child's age and developmental needs. |
(2)
| (a) | In the case of an offence referred to in Schedule 1, level one diversion options set out in section 53(3) are applicable and may be used in combination. |
| (b) | In the case of an offence referred to in Schedule 2 or 3, level two diversion options set out in section 53(4) are applicable and may be used in combination, together with anyone or more level one diversion options, where appropriate. |
| (3) | In addition to the diversion options set out in section 53, a prosecutor, in terms of section 41(1), an inquiry magistrate, in terms of section 49(1)(a), or a presiding officer in a child justice court, in terms of section 67(1)(a), may, where appropriate, after consideration of all available information, develop an individual diversion option which meets the objectives of diversion in terms of section 51 and, where applicable, the minimum standards set out in section 55. |