Toolkit on Diversion and Alternatives to Detention

Profession

• All professions
• Police
• Social work
• Judiciary
• Prosecution
• Probation
• Lawyers
 
All professions
'Excerpts from international guidelines on professionalism’ [Word 37kb]
Resource compiled for this toolkit.

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 provided]. 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.

'Guidelines on Strengths of the Child in Conflict with the Law and at Risk and His/Her Social Environment', Dr Jasna Hrnčić, Serbia, June 2005 [Word 81kb]
Guidelines on identifying the strengths of the child and his/her immediate environment.

'Juvenile Justice Assessment Template to Conduct an Assessment of the Juvenile Justice Systems in the Republics of Serbia and Montenegro in the Federal Republic of Yugoslavia', Carol Conragan, UNICEF, October 2001 [Pdf 147kb]
List of sample detailed assessment / evaluation questions for the following stakeholders: police, social workers, judiciary, prosecutors, legislators, corrections, child detainees, government representatives, NGOs and INGOs. Contains specific references to diversion and alternatives. 
 
Police
'Police Training on Child Rights & Child Protection: Lessons Learned and Manual', Marie Wernham, with Savina Geerinckx and Elanor Jackson, 2005 [Pdf 3.9Mb]
This document is in two parts - lessons learned and sample / model manual. Although it is aimed at the police, the lessons learned and many of the training exercises are relevant for a wide range of stakeholders. The 'lessons learned' part includes sections on: training as part of a broader strategy; components of an overall strategy; how to conduct a situation analysis; different approaches to training; planning training (capacity, funding, identifying participants and trainers, logistics, training needs assessment, planning sessions, monitoring and evaluation, methodology and direct contact with children); obstacles and lessons learned in general.

'Diversion and Alternatives to Detention', Royal Papua New Guinea Constabulary, February 2006 [Pdf 284kb]
Simple, user-friendly booklet for police with good illustrations explaining / reminding them of the 8 diversion / alternative options and showing for each one the: purpose, procedures, records needed, practice tips and guidance notes. 8 options are: 1. Warning – name not recorded; 2. Warning – name recorded in notebook; 3. Counselling; 4. Mediation; 5. Community work; 6. Arrest, charge and bail – conditional release by police; 7. Arrest, charge and bail – conditional release by court; 8. Juvenile court restorative justice programme. Also includes 4 golden rules for police (1. Divert young people rather than arrest; 2. Do not use force; 3. Do not detain; 4. Remand is a last resort).

Ireland - 'Garda [Police] Juvenile Diversion Programme', Public Service Information provided by the Citizens' Information Board (internet), updated August 2009 [Word 43kb]
Simple description of Ireland's police diversion programme, including: background; responsibilities; process; admission criteria; child protection considerations; different types of caution, supervision and conferences.

Ireland - 'Designing effective local responses to youth crime: A Baseline Analysis of the Garda Youth Diversion Projects', Irish Youth Justice Service, 2009 [Pdf 2.6Mb]

Sample police pocket handbooks, police posters and murals [Word 2.6Mb]
A selection of images showing sample IEC materials from various countries.

Police guidelines on detention as a last resort, Chris Graveson, Inspector, National Co-ordinator : Youth Aid, New Zealand Police, 2009 [Word 75kb]
Notes on the legal basis (especially for police) on when to arrest, detain and when to release children in conflict with the law.

'Restorative Juvenile Justice - The Challenges - The Rewards', Chris Graveson [Pdf 232kb]
Presentation for the First World Congress on Restorative Juvenile Justice held in Lima, Peru, 4-7 November 2009.

Canada - 'Police Discretion with Young Offenders', Peter J. Carrington & Jennifer L. Schulenberg, Report to the Department of Justice Canada, 2003 [Pdf 1.49Mb]
In-depth qualitative and quantitative survey in support of the
implementation and evaluation of the Youth Criminal Justice Act. The sample is representative of all provinces and territories, all types of communities, and all types of police service, including independent municipal services, provincial police, First Nations police services, and police training facilities. Examines police discretion in relation to diversion (amongst other things). Includes list of interview questions and protocols.

Uganda -'Role of the police under diversion: an assessment, successes and failures', Asan Kasingye, Commissioner of Police/Community Affairs [no date] [Pdf 24kb]
Brief article on the purpose of diversion, the powers of the police under the Children Act and successes and failures in this area.

Afghanistan - ‘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 informaiton on the Juvenile Code of Afghanistan, and case studies used for discussions.  
 
Social work
The Philippines: 'Guidelines for Social Workers in the Handling and Treatment of Children in Conflict with the Law', Republic of the Philippines, Department of Social Welfare and Development, June 2007 [Pdf 4.3Mb]
Official guidelines for Department of Social Welfare. Juvenile Justice and Welfare Act 2006 requires a SW assigned to each CICL. Strong role of SW in assessment & diversion. Document outlines detailed guidelines for SWs – including criteria for diversion and case management steps.

The Philippines: 'Guidelines in the Conduct of Diversion for Children in Conflict with the Law', Republic of the Philippines, Department of Social Welfare and Development, April 2008 [Pdf 11.9 Mb]
Official guidelines for Department of Social Welfare. Outlines diversion process in detail, including flowchart on page 6, steps involved, roles of different institutions & a series of Annexes: A. Phases & processes of mediation; B. Guidelines in interviewing children; C. Protocols in conducting diversion proceedings; D. Forms of diversion programmes; E. Diversion contract (in Filipino & English); F. Certification of failure of diversion proceedings (CICL does not agree, or diversion is not appropriate); G. Diversion programme monitoring form; H. Certification of failure of diversion (failure to comply with diversion contract); I. Diversion programme terminal report; J. Diversion process reporting format. [Warning: large file size]

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.

‘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.

USA - 'Juvenile Diversion Officer', Campbell County, Gillette, Wyoming [no date] [Word 41kb]
Sample job description / TOR. Main aims of the post: To monitor, assist and guide a juvenile and the juvenile's family towards successful completion of the Diversion Program; implement and follow the requirements of the Juvenile Diversion Contract; supervise juvenile and juvenile's parents/guardians to ensure compliance with the contract; report non-compliance to Municipal and Circuit Courts.

'Communication Skills for Social Workers - A trainers' manual', Kevin Barnes-Ceeney & Amanda Naylor, VSO & UNICEF Kazakhstan [no date] [Word 1.53Mb]
Series of training exercises to help develop communication skills. Not specific to diversion and alternatives, but included here for general interest. 
 
Judiciary
'Checklist: Juvenile Court Protocol For Magistrates', Magisterial Service of Papua New Guinea [Word 58kb]
Simple checklist for magistrates to complete (one per case of child in conflict with the law) to ensure that treatment and options have been in conformity with the law – includes diversion and alternatives and: a brief reminder of relevant laws (p1); actual checklist (p2); and summary of roles and responsibilities regarding record keeping (p3).

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.

'Judging Children as Children – A Restorative Juvenile Justice System', Michael Corriero, 2009 [Pdf 63kb]
Presentation for the First World Congress on Restorative Juvenile Justice held in Lima, Peru, 4-7 November 2009. 
 
Prosecution
South Africa - 'Prosecutorial Attitudes Towards Diversion', L.M. Muntingh, National Institute for Crime Prevention and the Reintegration of Offenders, South Africa, 1998 [Pdf 358kb]
Report examining the extent to which prosecutorial discretion influences decisions on diversion, and the systems or guidelines that should be put in place to facilitate the expansion of diversion.

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.

Afghanistan - ‘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 informaiton on the Juvenile Code of Afghanistan, and case studies used for discussions.  
 
Probation
USA - New York City, 'Project Zero' summary, NYC Department of Probation [no date] [Pdf 72kb]
Summary of diversion and alternatives projects implemented by the Probation Department in NYC. Outlines project objectives, methodology and success.

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 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.

'Estimating the Cost of Establishing a Probation Service in Albania - draft proposal', OSCE Presence in Albania, 2007 [Word 109kb]
Document which examines probation versus imprisonment costs and provides detailed examples of cost calculations and issues to consider in costing exercises. [Note that this is probation in general, not specific to children].
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Lawyers
'Excerpts from international guidelines on professionalism’ [Word 37kb]
Resource compiled for this toolkit.


 

 

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