Child Justice Alliance

1. Child Justice Alliance Public Hearings on Child Justice Bill

2. Diversion • Possibility of consideration of diversion excluded for certain children based on age and offence • 2002 version didn’t discriminate – based on individual circs of child and case • Allows best interest of child principle to be applied • S 179 of constitution and NPA Act – prosecutorial discretion • Rather allow possibility for all and clause 95 to make NDPP to make diversion guidelines

3. Legal rep • S 35 constitution – all accused entitled to legal rep at state expense if substantial injustice would occur • Substantial injustice = indigence/ignorance; complexity of matter and possibility of imprisonment • BUT CJB excludes certain children from this constitutional right • 16 and 17 yrs in detention • 14, 15, 16 and 17 yrs facing imprisonment

4. Implementation • 2 previous costings • 2nd was done by government with full implementation plan by all departments • 2003 all departments said ready to implement with some roll-out needed e.g building secure care and appointing more POS • Why not ready now because more infrastructure developed in interim e.g secure care and RARs; more POS and APOS and diversion service providers? • Recommendations to allow greater capacity for assessments and pre-sentence reports by widening scope to ‘suitably qualified persons’ • CJA suggests that departments use the previous implementation plan as template, update where necessary as foundation already laid