CMY2604
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences should
not always be subjected to the formal criminal justice process. Instead, the system promotes
restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as amended by the
Child Justice Amendment Act 9 of 2019, provides mechanisms to deal with children in
conflict with the law in a manner that protects their rights and supports their development.
One of the most important mechanisms created by the Act is diversion. Diversion allows a
child’s case to be redirected away from the formal criminal justice system toward
programmes that promote accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the concept
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences
should not always be subjected to the formal criminal justice process. Instead, the
system promotes restorative justice and rehabilitation. The Child Justice Act 75 of
2008, as amended by the Child Justice Amendment Act 9 of 2019, provides
mechanisms to deal with children in conflict with the law in a manner that protects
their rights and supports their development. One of the most important mechanisms
created by the Act is diversion. Diversion allows a child’s case to be redirected away
from the formal criminal justice system toward programmes that promote
accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence
by stealing a bicycle. The prosecutor must decide whether Henry should face
prosecution or whether the matter should be diverted in accordance with the Child
Justice Act. This discussion evaluates the applicability of diversion in Henry’s case
by examining the concept of diversion, the objectives of diversion, the criteria
required for diversion and the appropriate diversion options available under the Act.
2. Definition of Key Concepts
2.1 Diversion
Diversion refers to the process through which a child’s criminal matter is redirected
away from the formal court process to alternative programmes that focus on
rehabilitation and restorative justice (CMY2604 Study Guide 2024). The aim of
diversion is to address the child’s wrongdoing while avoiding the harmful effects
associated with formal criminal proceedings. Through diversion programmes, the
child is encouraged to accept responsibility and repair the harm caused to victims
and the community.
2.2 Restorative Justice
Assignment 1 Semester 1 2026
Unique number:
Due Date: 25 March 2026
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences should
not always be subjected to the formal criminal justice process. Instead, the system promotes
restorative justice and rehabilitation. The Child Justice Act 75 of 2008, as amended by the
Child Justice Amendment Act 9 of 2019, provides mechanisms to deal with children in
conflict with the law in a manner that protects their rights and supports their development.
One of the most important mechanisms created by the Act is diversion. Diversion allows a
child’s case to be redirected away from the formal criminal justice system toward
programmes that promote accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence by
stealing a bicycle. The prosecutor must decide whether Henry should face prosecution or
whether the matter should be diverted in accordance with the Child Justice Act. This
discussion evaluates the applicability of diversion in Henry’s case by examining the concept
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Applicability of Diversion for Henry in Terms of the Child Justice Act
1. Introduction
The South African child justice system recognises that children who commit offences
should not always be subjected to the formal criminal justice process. Instead, the
system promotes restorative justice and rehabilitation. The Child Justice Act 75 of
2008, as amended by the Child Justice Amendment Act 9 of 2019, provides
mechanisms to deal with children in conflict with the law in a manner that protects
their rights and supports their development. One of the most important mechanisms
created by the Act is diversion. Diversion allows a child’s case to be redirected away
from the formal criminal justice system toward programmes that promote
accountability, rehabilitation and reintegration into society.
In the given scenario, Henry is a fifteen-year-old boy who committed a minor offence
by stealing a bicycle. The prosecutor must decide whether Henry should face
prosecution or whether the matter should be diverted in accordance with the Child
Justice Act. This discussion evaluates the applicability of diversion in Henry’s case
by examining the concept of diversion, the objectives of diversion, the criteria
required for diversion and the appropriate diversion options available under the Act.
2. Definition of Key Concepts
2.1 Diversion
Diversion refers to the process through which a child’s criminal matter is redirected
away from the formal court process to alternative programmes that focus on
rehabilitation and restorative justice (CMY2604 Study Guide 2024). The aim of
diversion is to address the child’s wrongdoing while avoiding the harmful effects
associated with formal criminal proceedings. Through diversion programmes, the
child is encouraged to accept responsibility and repair the harm caused to victims
and the community.
2.2 Restorative Justice
