Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 8 : Diversion55. Minimum standards applicable to diversion |
| (1) | Diversion options, in keeping with the objectives of diversion must be structured in a way so as to strike a balance between the circumstances of the child, the nature of the offence and the interests of society, and— |
| (a) | may not be exploitative, harmful or hazardous to the child's physical or mental health; |
| (b) | must be appropriate to the age and maturity of the child; |
| (c) | may not interfere with the child's schooling; |
| (d) | may not be structured in a manner that completely excludes certain children due to a lack of resources, financial or otherwise; and |
| (e) | must be sensitive to the circumstances of the victim. |
| (2) | Diversion programmes must, where reasonably possible— |
| (a) | impart useful skills; |
| (b) | include a restorative justice element which aims at healing relationships, including the relationship with the victim; |
| (c) | include an element which seeks to ensure that the child understands the impact of his or her behaviour on others, including the victims of the offence, and may include compensation or restitution; |
| (d) | be presented in a location reasonably accessible to the child; |
| (e) | be structured in a way that they are suitable to be used in a variety of circumstances and for a variety of offences; |
| (f) | be structured in a way that their effectiveness can be measured; |
| (g) | be promoted and developed with a view to equal application and access throughout the country, bearing in mind the special needs and circumstances of children in rural areas and vulnerable groups; and |
| (h) | involve parents, appropriate persons or guardians, if applicable. |