UNICEF Diversion &
Alternatives Toolkit 2009
“Priorities for intervention to
reform justice systems for
children in conflict with the
law”
[These slides should be considered in
conjunction with the toolkit section on ‘The
bigger picture’ / ‘Diversion & alternatives in the
broader context of child justice’]
Pyramid of prevention & intervention
Alternatives to detention
(pre-trial &
alternative sentencing)
Diversion
(as soon as possible,
but any stage up to
final disposition)
Deprivation
of liberty
Administration
of justice
Prevention
3. Tertiary prevention:
preventing recidivism –
children in conflict with the law
2. Secondary prevention:
targeted – children at high risk
1. Primary prevention:
for all children
Summary
Ideally the whole system (pyramid)
should be brought in line with child
rights.
However, in the context of limited
resources…
Priorities…
1. Primary & secondary prevention to prevent first-time
offending:
–
–
–
Can impact on a greater number of children than interventions
with children already in conflict with the law;
Is more cost-effective than interventions later on;
Effects long-term positive change, reducing the number of
children coming into conflict with the law in the first place,
reducing the burden on the justice system & promoting healthier
child development & safer communities.
2. Tertiary prevention is necessary to prevent re-offending
for those for whom primary & secondary prevention is
too late.
3. Diversion of children in conflict with the law away from
judicial proceedings should be encouraged as much as
possible, as early as possible.
4. If diversion is not possible, then alternatives to
detention must be prioritised at both pre-trial and
sentencing stages.
Stages of intervention – breaking the
‘revolving door’ cycle of detention
Focusing on prevention, diversion and
alternatives to detention can help to break the
‘revolving door’ cycle of detention for children in
conflict with the law
[The following slide has been adapted from Wernham, M., An Outside Chance: Street Children and Juvenile Justice –
an International Perspective, Consortium for Street Children, 2004.]
1
Breaking the ‘revolving door’ of detention for children in conflict with the law
PRIORITIES FOR INTERVENTION
PRE
VEN
TION
Context
leading to
conflict
ON THE
withSTREET
the law
OF
FIRST
-TIME
&
REPE
AT
OFFE
NDIN
G
3
2
ALTERNATIVES TO
DETENTION
ALTERNATIVES TO DETENTION
DIVERSION
DIVERSION
JUVENILE
REMAND HOME
POLICE
JUVENILE
(OR ADULT)
COURT
JUVENILE
(OR ADULT)
COURT
ARREST
ADULT
REMAND
HOME /
PRISON
MayPOLICE
include
HARASSMENT /
harassment
VIOLENCE /
EXTORTION /
byFAILURE
policeTOin
PROTECT
community
(ALTERNATIVES TO
DETENTION)
May be
legal,
illegal or
arbitrary
OFTEN
ILLEGAL AND
ARBITRARY:
INC.
‘ROUNDUPS’
Release
RELEASE
DETENTION—
FROM A FEW
HOURS TO
SEVERAL
WEEKS OR
MORE
REMAND
WARRANT
ISSUED
PRE-/ UNDER TRIAL DETENTION—CAN LAST FOR YEARS
POSSIBILITY
ESCAPE
Release orOFescape
EVENTUAL
RELEASE
OR ESCAPE
Release
or escape
APPROVED SCHOOL OR
‘RE-EDUCATION CENTRE’
USUALLY
NOT
CHILDFRIENDLY /
HARSH SENTENCES
BORSTAL OR
PRISON