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For diversion and alternatives to be possible, services need to be in place on the ground. Types of services may include, amongst other things: psychosocial assessment, individual, group and/or family counselling, direct and indirect victim-offender mediation, family group or community group conferencing, life skills programmes, substance abuse and anger management programmes, creative arts therapy programmes, programmes to carry out community service orders, education and vocational training.
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Key issues :
- What are the existing services (government and non-governmental) that could be strengthened or adapted for diversion and alternatives?
- How are they currently funded and how will this funding be affected (amount, source and sustainability of funding)?
- What are the implications for staffing / personnel (quantity and capacity building)?
- What new services will be required?
- How can you ensure that services are responding accurately to the needs of specific groups of children (i.e. that they are targeted and sufficient to meet demand)?
- What new MOUs or protocols are needed to facilitate referrals to and/or between services?
- How will the referral criteria and other protocols be determined (multi-disciplinary steering committee)?
- How will the quality of services be assured (monitoring and evaluation to check that (e.g.) services are well-managed, equipped with the necessary infrastructure and resources to fulfil their roles, of good quality and produce positive results which are measured and documented)?
- How can robust data management systems be established and maintained within and between services?
- Are services accountable?
- Are there adequate child protection policies and procedures in place within services to regulate behaviour between adults and children, amongst children themselves, and to regulate information and communications about children?
- Is there adequate networking and collaboration between services?
- Is there a need for specialised programmes (e.g. for children who commit sexual offences)?
- Is there provision of services for children under the age of criminal responsibility who commit offences?
- How can children themselves input into the planning and implementation of services?
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Tips for planning and implementation:
- Services need to respond accurately to the needs of
children in conflict with the law. Amongst other things, they need to address factors which bring children into conflict with the law. The presentation here
includes a simple explanation of risk factors with lists of examples categorized into: individual, family, school, peer group, community. [This should be considered alongside 'resiliency factors' - see the toolkit seciton on 'child development and psychology' for more details].Risk factors for crime, Tamburai Muchinguri, Malawi [Ppt, 76kb]
Tajikistan: Guide to the Establishment and Implementation of the Juvenile Justice Alternatives Project, Children's Legal Centre and UNICEF [Word 605kb]
Very useful
and easy to read documentation of the Tajikistan JJAP which has been replicated in other countries. Contains, amongst other things, sample forms, structure diagrams and roles and responsibilities for different actors.
Malawi factsheet on diversion of children in conflict with the law, UNICEF Malawi [Pdf 303kb] Public information leaflet on diversion. Includes: situation of children in prison, simple definition of diversion, selecting a diversion programme for a child, advantages of diversion, list of offences not suitable for diversion (under the 2006 Child Bill) & list of diversion options.
Malawi checklist for diversion processes [Word 38kb]
Concept note for a workshop to develop a common understanding among all stakeholders (NGOs, Magistrates, Prosecutors, Probation Officers and Paralegal Officers) of all the processes that are involved in diversion [no dates or other information available]. Includes checklists of questions to think about when developing processes, e.g.: assessment, referral system, contracts to be signed by the child, report writing and data collection forms.
Malawi register of children screened for diversion [Word 30kb] Register of children undergoing diversion programmes: to be kept by Prosecutors, Paralegal Officer, Probation Officers and Juvenile Justice Officer. 1-page record including name, age, address of child, court & docket case numbers, investigating officer, charge(s), reason for diversion, comments of Probation Officer and manner of disposal.
Malawi MOU between National Juvenile Justice Forum and Youthnet and Counselling (YONECO) NGO [Word 40kb]
Sample MOU between two organisations to implement and facilitate diversion programmes for children in conflict with the law as well as children at risk of offending.
Malawi psycho-social report to assess and recommend child for diversion [Word 34kb]
Sample psycho-social report form to be filled out by Probation Officer, Paralegal Officer or Juvenile Justice Officer on the request of a court. Includes space for the author to recommend specific diversion programmes.
Malawi introduction letter for a child entering a diversion programme [Word 22kb] Sample letter with blanks to fill in organisation name, dates & other details, encouraging the child to commit to the project as well as giving practical details.
Malawi referral letter from court to NGO implementing diversion programme [Word 28kb]
Sample letter with blanks to fill in the details of the child and NGO to which the court is referring the child for diversion.
Malawi report from NGO implementing diversion to court on child's completion of diversion programme [Word 26kb]
Sample report form from NGO to court on completion of diversion programme and recommendations to the court on the course of action to be taken next.
‘Justice for Children: Diversion and Alternative Measures - Workshop Report, January 2009’, Child Protection Section, UNICEF Afghanistan [Pdf 541kb] Report from workshop involving stakeholders from the 8 provinces involved in the diversion and alternatives pilot project (social workers, police & prosecutors). Includes: summary of key learning points, way forward in 2009, indicators to measure progress, social inquiry report format and flowchart, country background and information on the Juvenile Code of Afghanistan, and case studies used for discussions.
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A. Child rights-based approach: Concrete services are necessary for the fulfilment of children's rights in relation to diversion and alternatives. Services should take into consideration the 'umbrella rights' of the CRC: the right to life, survival and development (Art. 6); non-discrimination (Art. 2); the best interests of the child (Art. 3); the right to be heard (Art. 12); and implementation to the 'maximum extent of available resources' (Art. 4).
B. Systemic approach: It is possible that relevant services already exist - e.g. through child protection programmes and/or rule of law reforms more broadly - which can be capitalised on for diversion and alternatives more specifically. See below for more detail on each of the 8 PEF elements.
C. Restorative justice approach: Where possible and appropriate, services should include restorative justice approaches.
Other elements of the PEF:
#1. Government commitment to fulfilling protection rights: Services need to be embedded in sustainable national systems: government commitment is essential for this.
#2. Legislation & enforcement: Services need to be mandated and regulated in supporting legislation and guidelines, and their provision needs to be enforced.
#3. Attitudes, traditions, customs, behaviour & practices: Building constituencies of support for diversion and alternatives amongst the general public, politicians and professionals will greatly improve the chances of adequate, high quality services being made available and sustainable.
#4. Open discussion, including with civil society & the media: Civil society and media support for diversion and alternatives is important so that services can operate in a supportive environment, especially as many services require proactive involvement of communities.
#5. Children's life skills, knowledge & participation: Services should respond to the development needs of children by providing them, where appropriate, with life skills and knowledge, and by encouraging their active 'participation' not only 'in their own lives', but also in the planning, implementation, monitoring and evaluation of services.
#6. Capacity of those in contact with children: Services for diversion and alternatives are dependent on the capacity of those working with children to be able to fulfill their roles and responsibilities. Without capacity building, services cannot function effectively.
#8. Monitoring & oversight: Services need to be monitored for relevance, efficiency, effectiveness, impact and sustainability.
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