Toolkit on Diversion and Alternatives to Detention

Diversion

“Help! I’m still confused! What’s the relationship between diversion, alternatives, restorative justice & a child rights-based approach?” [Powerpoint]
Resource created for this toolkit.

The Philippines: Guidelines for a Community-Based Diversion and Prevention Programme for Children in Conflict with the Law, FREELAVA and Save the Children UK, 2005 [Pdf 1.92Mb]
Very useful, clear and detailed guidelines (48 pages) on how to implement community-based programmes, with an emphasis on a restorative justice approach. Includes information on the structure and personnel involved and a detailed description of the programme process.

The Philippines: Back on Track: Making Community-Based Diversion Work for Children in Conflict with the Law - A Documentation of FREELAVA’s Experience in Cebu City, Philippines, Save the Children UK, 2005 [Pdf 2.72Mb]
Documents a preliminary study of the FREELAVA project (200 pages). Includes: city context and profile of children involved; overview of implementing NGO; outline of the programme (including useful flowchart p.69); preliminary assessment of the programme; 5 detailed case studies of children; 'what makes community-based diversion work' (p.162); recommendations.

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]

'Diversion of children in conflict with the law: implementation considerations' [Word 35kb]
Summary of some key points: need for qualified personnel, clear guidelines, confidentiality and accountability - provided by UNICEF Malawi.

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.

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.

Namibia - 'Case Study: 'Diversion' Programmes in Namibia', Doris Roos, Coordinator of the Legal Assistance Centre's Juvenile Justice Programme - presentation at the Eighth Innocenti Global Seminar: 'Children Involved with the System of Juvenile Justice', 12 - 22 October 1997 [Word 49kb]
Description of diversion in Namibia as of 1997 [please note that this document is old and the situation on the ground is likely to have changed].

'Introduction of the restorative justice concept and victim-offender mediation practice in Serbia and Montenegro within the 'Children’s Chance for Change' project – A juvenile justice reform initiative in Serbia and Montenegro', UNICEF [no date - but after 2006] [Pdf 28kb]
Brief overview of the legislative and policy context and a diversion pilot project, with a particular focus on the mediation component. Includes results and challenges.

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.

'Justice for Children: Detention as a Last Resort - Innovative Initiatives in the East Asia and Pacific Region', UNICEF East Asia and Pacific Regional Office [no date] [Pdf 2.12Mb]
Chapter 3 on 'Diversion and restorative justice' contains 4 project examples: 1. Community-Based Prevention and Diversion Programme – Cebu City, Philippines; 2. Police ‘Youth Aid Diversion’ Project – New Zealand; 3. The Restorative Justice Programme – Palau; 4. Community-Based Programme and Services for Juveniles in Conflict with the Law – Quezon City,  Philippines.

USA - 'Juvenile Diversion', Stephen T. Russell & Susan Wood, Cooperative Extension, Institute of Agriculture and Natural Resources, University of Nebraska, 1998 [Pdf 92kb]
Sample public information leaflet introducing the concept of diversion to communities. Includes sections on: What is Juvenile Diversion? Why Would My Community be Interested in Juvenile Diversion? Who Are the Stakeholders in Juvenile Diversion Programs? Who Benefits From Juvenile Diversion? How Can I Get More Information? [Please note: this document is old and the situation on the ground may have changed].

USA - 'Establishing Juvenile Diversion in Your Community', Stephen T. Russell, Susan Wood & Sara Domeier, Cooperative Extension, Institute of Agriculture and Natural Resources, University of Nebraska, 1998 [Pdf 85kb]
Brief guide describing the issues communities need to consider in the development of a juvenile diversion program. [Please note: this document is old and the situation on the ground may have changed].


 

 

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