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Activities under the pre-trial diversion programme
Justice for Children Trust
May 11, 2012

The various diversion options available under the pre-trial diversion programme are designed to give the diversion committee sufficient range to identify activities which will address both the underlying cause for the child's delinquent behaviour and to ensure that the young person takes responsibility for their behaviour. The point of diversion is to support the young person to take responsibility for their behaviour and to prevent reoffending. Diversion committees should therefore recommend a simple and least intrusive diversion activity for the young person to commit. This will increase the likelihood of adherence to the diversion plan. This article will discuss four of the planned activities in the diversion programme which are suited to assisting the young offender to take responsibility for their behaviour.

Reparation

Reparation refers to community service or work done for the benefit of the victim and may also include reasonable compensation in cash or an apology for the victim. Compensation in cash will only be made if the young person can afford the amount required and would not be suitable where the young person's parent or guardian is paying the money for the young offender. If money is paid for the young offender by parents or a guardian, they will not take full responsibility for their behaviour and the objective of the diversion programme would not be achieved.

Police cautions

There are two types of police cautions, the formal and the informal cautions. Informal cautions take place at the scene and may be administered without conditions attached. A formal caution may be administered at the direction of the diversion committee. The cautioning should be administered in private and in the presence of the diversion officer, the young person's parent, guardian or legal representative. The cautioning can only be made by the Officer in Charge of a police station or an officer of the rank of inspector or above. A record of such warning should be made and filed in a register of cautions which will be kept by the Commissioner General of Police or other person to whom the Commissioner General may delegate. Officers of the Attorney General's Office and Diversion officers should have access to the register. The records of the cautions should be kept for two years, after which it should be erased from the register. As far as reasonably practical, all statements from the young person should be elicited in the presence of their parent, guardian or legal practitioner.

Counselling

It has been noted that some young offenders commit offences due to lack of guidance, harsh socio-economic circumstances, violence or abuse. Counselling services will therefore be provided to ensure that the young offender receives psycho-social to deal with the trauma they went through leading to their delinquent behaviour. Such counselling services must be offered by an expert such as a social worker or psychologist.

Victim offender mediation

This involves a meeting between the offender and the victim, together with relatives and other important adults. The intention is to facilitate the healing of wounds and to encourage societal healing. During the meeting, issues such as feelings, compensation, apology, performance of community service or work that benefits the victim will be discussed. Such mediations should also be handled by properly trained social workers.

The diversion committee may order that the young offender perform more than one diversion activity. In all cases, the paramount consideration will be the best interests of the minor child concerned.

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