DCI – Beijing Rules 12

Defence for Children International

Beijing Rules

DIVERSION

The Commentary highlights the benefit of diversion, such

as the lack of stigma where there is conviction and sentence, and states that in

some cases, such as non-serious offences, no intervention at all may be the

optimal response, especially where there has already been some response by

family or school or other informal social control institutions.

The police, prosecution or other agencies dealing with

juvenile cases may at their discretion and without recourse to formal hearings

dispose of cases in accordance with the criteria laid down in the respective

legal systems and the principles contained in the Rules. Diversion may be to

community programmes such as temporary supervision and guidance, restitution and

compensation of victims.

A pre-condition to diversion will be the free consent of

the juvenile or his/her parents or guardians reviewable by a competent authority

on application.

Specialisation

within the police