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Towards a rehabilitative and restorative justice system for young offenders
Justice for Children Trust
May 11, 2012

Zimbabwe is in the process of introducing the pre-trial diversion programme which will target young persons who commit non serious offences. This came after the realisation that there was need to move away from the punitive and retributive practices towards rehabilitative, educative and restorative options. The objective of the pre-trial diversion programme would be to make offenders responsible and accountable for their actions, provide an opportunity for reparations, identify underlying problems motivating offending behaviour through personalised services, prevent offenders from receiving a criminal record and open the judicial system to educational and rehabilitative procedures.

Diversion can be described as the channelling or diversion of cases from the formal criminal system to extra-judicial programmes. The programme is not intended to make offenders less accountable for their actions, but rather to provide offenders with the opportunity to re-think their lives without going through the stigmatising and unnerving criminal justice system. It is now generally accepted that young people commit offences due to the harsh socio-economic circumstances, violence or abuse. The Courts are loaded with cases of young people charged with minor offences related to crimes that are adolescent reactions to difficult socio-economic environment, family circumstances and the need for survival. Some young offenders lack supervision and guidance from adults which will help them to become responsible citizens. Most young offenders grow out of their delinquent behaviour as they become more mature and responsible.

The need for non-custodial alternatives in cases of young offenders is now accepted internationally. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice which are popularly referred to as the Beijing Rules, provide that consideration should be given wherever appropriate to dealing with young offenders without resorting to a formal trial.

The pre-trial diversion programme is intended to apply only to those young people admitting their guilt unequivocally. Since the young offender is required to undergo a diversion programme not consequent to any conviction, it becomes necessary that the offender acknowledges responsibility for their behaviour. A young person who is not admitting to charges being levelled against him has a right to due process. In a Court of law, every accused person is presumed innocent until proven guilty. The right to a fair trial enshrined in the Constitution includes the right of a person on trial to lead evidence and to challenge the evidence against him, the right to a legal practitioner and the right to appeal.

The intended beneficiaries for the programme are young offenders who are aged below twenty one (21) years and who have committed a non serious offence. A non serious offence is one that would not attract a sentence of over twelve (12) months imprisonment. Repeat and serious offenders will not be eligible. The young offender must also accept responsibility for their behaviour without coercion and should be willing to take part in a programme of activities identified by the relevant authorities.

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