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Roles and responsibility of the stakeholders in the pre trial diversion programme - Part 2
Justice for Children Trust
April 27, 2012

Read Part 1 here

D. The diversion Committee

Diversion committees are to be constituted in every province where the pilot project is being implemented. The committee is to consist of the Area Public Prosecutor, the Provincial or Resident Magistrate, the Zimbabwe Republic Officer Commanding District (Dispol) and the Provincial Social Welfare Officer. The diversion officer will act as secretary for the Committee. The committee is expected to act in a transparent manner and its main duty will be to consider the report prepared by the diversion officer. The committee will be chaired by the Provincial Magistrate or the Area Public Prosecutor. Records of all proceedings of the committee meetings and decisions reached are to be kept.

Where the committee, after considering the report prepared by the diversion officer, agrees that the young offender should be diverted and the duration of the activity, the suggested diversion activity must be implemented immediately by the diversion officer. All decisions by the committee must be by a majority. The diversion officer must make it clear to the young offender that failure to undertake the diversion activity assigned to him may result in his prosecution.

When the young offender successfully completes the diversion activity assigned to him, the diversion officer must forward official confirmation of such completion to the diversion committee. The official confirmation of completion of the diversion activity should form part of the records of the diversion committee. Where the diversion committee has confirmed the successful completion of the activity, the public prosecutor may proceed to do one of two things. Firstly, where the young offender has not yet appeared in Court, the prosecutor will decline to prosecute and endorse such decision on the police docket. Where the young offender has appeared before the Court, the prosecutor will immediately arrange for the charges against the young offender to be formally withdrawn before plea before a magistrate.

Where the young offender fails to undertake the specified activity to satisfaction, this should be communicated to the diversion committee. In matters where the diversion committee determines that a young person has failed to complete the diversion activity, all other alternatives should be considered before deciding to proceed with the prosecution. Other alternatives include seeking further guidance from the diversion officer or other credible persons who are familiar with the young offender and their case. If plausible reasons are found for the young person's failure to complete the diversion activity, a revision to the diversion plan will be made. Where it is determined that there is no plausible reason for the young offender's failure to complete the diversion activity assigned to him, the prosecutor may proceed with the prosecution of the young offender.

E. Where the police or prosecutors fail to divert

There may be cases where, after arresting a young offender, the police fail to consider the case for diversion and prepare a docket for prosecution of the young offender, the prosecutor may. On receipt of the docket, the prosecutor may refer the matter to the diversion officer for investigation into the young offender's personal circumstances and his eligibility for diversion. Similarly, where a case comes before a magistrate and in the opinion of the magistrate, the young offender would be eligible for diversion, the magistrate will request the prosecutor to urgently consider the matter for diversion. In both these instances, the same procedure as would be the case if a referral had come from the police will be followed.

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