Defence for Children International
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
within the police