CMY2604
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026 -
DUE 25 March 2026
, Question 1: Diversion 1. Based on the scenario
above, critically discuss the applicability of
diversion for Henry with reference to the Child
Justice Act 75 of 2008 (as amended in the Child
Justice Amendment Act 9 of 2019). In your
discussion, you must address the objectives of
diversion, the criteria required for Henry to be
diverted, and the appropriate level of diversion
options available to him.
Applicability of Diversion for Henry in Terms
of the Child Justice Act 75 of 2008 (as
amended by the Child Justice Amendment Act
9 of 2019)
The introduction of the Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 9 of 2019,
marked a significant transformation in the South African
criminal justice system with regard to children in conflict with
the law. The legislation reflects South Africa’s constitutional
commitment to protecting the rights and best interests of
children, as provided for in section 28 of the Constitution. One
of the central mechanisms introduced by the Act is diversion,
which allows children who have committed offences to be
redirected away from the formal criminal justice system and into
rehabilitative programmes aimed at accountability, reintegration,
and personal development. Diversion is therefore an essential
feature of restorative justice in the child justice system. In the
scenario involving Henry, the applicability of diversion must be
critically assessed by examining the objectives of diversion, the
statutory criteria required for diversion to occur, and the
appropriate level of diversion options available to him under the
Child Justice Act.
Diversion, as defined in the Child Justice Act, refers to the
channelling of matters involving child offenders away from
formal criminal court procedures into programmes or
interventions designed to address the child’s behaviour and the
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026 -
DUE 25 March 2026
, Question 1: Diversion 1. Based on the scenario
above, critically discuss the applicability of
diversion for Henry with reference to the Child
Justice Act 75 of 2008 (as amended in the Child
Justice Amendment Act 9 of 2019). In your
discussion, you must address the objectives of
diversion, the criteria required for Henry to be
diverted, and the appropriate level of diversion
options available to him.
Applicability of Diversion for Henry in Terms
of the Child Justice Act 75 of 2008 (as
amended by the Child Justice Amendment Act
9 of 2019)
The introduction of the Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 9 of 2019,
marked a significant transformation in the South African
criminal justice system with regard to children in conflict with
the law. The legislation reflects South Africa’s constitutional
commitment to protecting the rights and best interests of
children, as provided for in section 28 of the Constitution. One
of the central mechanisms introduced by the Act is diversion,
which allows children who have committed offences to be
redirected away from the formal criminal justice system and into
rehabilitative programmes aimed at accountability, reintegration,
and personal development. Diversion is therefore an essential
feature of restorative justice in the child justice system. In the
scenario involving Henry, the applicability of diversion must be
critically assessed by examining the objectives of diversion, the
statutory criteria required for diversion to occur, and the
appropriate level of diversion options available to him under the
Child Justice Act.
Diversion, as defined in the Child Justice Act, refers to the
channelling of matters involving child offenders away from
formal criminal court procedures into programmes or
interventions designed to address the child’s behaviour and the
