Older Persons Act, 2006
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 8 : Diversion53. Diversion options |
| (1) | For the purposes of this section— |
| (a) | "a compulsory school attendance order" means an order issued in the prescribed manner, requiring a child to attend school every day for a specified period of time, which must be monitored by a specified person; |
| (b) | "a family time order" means an order issued in the prescribed manner, requiring a child to spend a specified number of hours with his or her family; |
| (c) | "a good behaviour order" means an order issued in the prescribed manner, requiring a child to abide by an agreement made between the child and his or her family to comply with certain standards of behaviour; |
| (d) | "a peer association order" means an order issued in the prescribed manner, requiring a child to associate with persons or peers who can contribute to the child's positive behaviour or to refrain from associating with certain specified persons or peers; |
| (e) | "a reporting order" means an order issued in the prescribed manner, requiring a child to report to a specified person at a time or at times specified in the order so as to enable that person to monitor the child's behaviour; and |
| (f) | "a supervision and guidance order" means an order issued in the prescribed manner, placing a child under the supervision and guidance of a mentor or peer in order to monitor and guide the child's behaviour. |
| (2) | In this section diversion options are set out in two levels, with— |
| (a) | level one applying to offences referred to in Schedule 1; and |
| (b) | level two applying to all other offences as referred to in Schedules 2 and 3. |
| (3) | Level one diversion options include— |
| (a) | an oral or written apology to a specified person or persons or institution; |
| (b) | a formal caution, with or without conditions; |
| (c) | placement under a supervision and guidance order; |
| (d) | placement under a reporting order; |
| (e) | a compulsory school attendance order; |
| (f) | a family time order; |
| (g) | a peer association order; |
| (h) | a good behaviour order; |
| (i) | an order prohibiting the child from visiting, frequenting or appearing at a specified place; |
| (j) | referral to counselling or therapy; |
| (k) | compulsory attendance at a specified centre or place for a specified vocational, educational or therapeutic purpose; |
| (l) | symbolic restitution to a specified person, persons, group of persons or community, charity or welfare organisation or institution; |
| (m) | restitution of a specified object to a specified victim or victims of the alleged offence where the object concerned can be returned or restored; |
| (n) | community service under the supervision or control of an organisation or institution, or a specified person, persons or group of persons identified by the probation officer; |
| (o) | provision of some service or benefit by the child to a specified victim or victims; |
| (p) | payment of compensation to a specified person, persons, group of persons or community, charity or welfare organisation or institution where the child or his or her family is able to afford this; and |
| (q) | where there is no identifiable person, persons or group of persons to whom restitution or compensation can be made, provision of some service or benefit or payment of compensation to a community, charity or welfare organization or institution. |
| (4) | Level two diversion options include— |
| (a) | the level one diversion options referred to in subsection (3)(j) to (q); |
| (b) | compulsory attendance at a specified centre or place for a specified vocational, educational or therapeutic purpose, which may include a period or periods of temporary residence; |
| (c) | referral to intensive therapy to treat or manage problems that have been identified as a cause of the child coming into conflict with the law, which may include a period or periods of temporary residence; and |
| (d) | placement under the supervision of a probation officer on conditions which may include restriction of the child's movement outside the magisterial district in which the child usually resides without the prior written approval of the probation officer. |
(5)
| (a) | Where a diversion option from level one as referred to in subsection (3) is selected in respect of a child who is— |
| (i) | under the age of 14 years, the order may not exceed 12 months in duration, if a time period is applicable; |
| (ii) | 14 years or older, the order may, subject to paragraph (b), not exceed 24 months in duration, if a time period is applicable. |
| (b) | An order exceeding the time period referred to in paragraph (a) may be given, in which case the reasons for exceeding the time period must be entered on the record of the proceedings. |
(6)
| (a) | Where a diversion option from level two as referred to in subsection (4) is selected in respect of a child who is— |
| (i) | under the age of 14 years, the order may not exceed 24 months in duration, if a time period is applicable; |
| (ii) | 14 years or older, the order may, subject to paragraph (b), not exceed 48 months in duration, if a time period is applicable. |
| (b) | An order exceeding the time period referred to in paragraph (a) may be given, in which case the reasons for exceeding the time period must be entered on the record of the proceedings. |
| (7) | A magistrate referred to in section 42, an inquiry magistrate or child justice court may order a child to appear at a family group conference in terms of section 61 or a victim-offender mediation in terms of section 62 on a specified date and at a specified time and place, or order any other restorative justice option in appropriate cases in the place of any of the diversion options referred to in subsections (3) or (4), or in combination with any of the diversion options referred to in subsections (3) and (4). |
