UNICEF Diversion & Alternatives Toolkit 2009

1. 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’]

2. 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 Pyramid of prevention & intervention Deprivation of liberty Alternatives to detention (pre-trial & alternative sentencing) Administration of justice Diversion (as soon as possible, but any stage up to final disposition) Prevention

3. Summary Ideally the whole system (pyramid) should be brought in line with child rights. However, in the context of limited resources…

4. Priorities… • 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. • Tertiary prevention is necessary to prevent re-offending for those for whom primary & secondary prevention is too late. • Diversion of children in conflict with the law away from judicial proceedings should be encouraged as much as possible, as early as possible. • If diversion is not possible, then alternatives to detention must be prioritised at both pre-trial and sentencing stages.

5. 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.]

6. 1 Breaking the ‘revolving door’ of detention for children in conflict with the law ALTERNATIVES TO DETENTION Context leading to conflict with the law DIVERSION PREVENTION OF FIRST-TIME & REPEAT OFFENDING 2 3 May include harassment by police in community May be legal, illegal or arbitrary Release ALTERNATIVES TO DETENTION DIVERSION Release or escape Release or escape PRIORITIES FOR INTERVENTION