Module 6.8

6.8 Diversion 

The diversion is the core feature of the JJSA. The purpose of diversion is not to “excuse” wrongdoing, but to guide behaviour, prevent re-offending, and support rehabilitation through child-friendly measures rather than punishment. 

Diversion may take different forms under the law, including warnings, supervision, counselling, community-based programmes, or probation-supported arrangements, depending on the circumstances of the offence and the child.

• Diversion is strongly encouraged for first-time offenders, minor or non-violent offences and/or  cases where the child acted under pressure, neglect or vulnerability
• Detention and prosecution should be a last resort.
• Police should not oppose bail mechanically or as a routine practice in cases involving children. Where legally permissible, release under supervision, probation or guardian responsibility should be preferred to custody. 
• Probation officers play a central role in the juvenile justice system. They assess the child’s background and welfare circumstances recommend suitable diversion or rehabilitation measures and supervise the child’s progress and reintegration. Police must co-operate fully with probation officers and treat their guidance as an essential legal and welfare function, not a formality.