Avoiding a Criminal Record with Diversion - 1st Time Offenders | Legal Articles

Cape Town Legal Correspondents

Contact Us on 021 422 4963 / info@baileyct.co.za

Debt Collections

Contact Us on 021 422 4963 / info@baileyct.co.za

Civil Litigation

Contact Us on 021 422 4963 / info@baileyct.co.za

Divorce & Family Law

Divorce & Family Law

Contact Us on 021 422 4963 / info@baileyct.co.za

 

Avoiding a Criminal Record with Diversion - 1st Time Offenders

Have you been arrested and charged with a criminal offence? Are you a minor or a young adult?  Scared that you have made a mistake that will haunt you for the rest of your life? 

You may have reason to feel optimistic!

Diversion Explained - Attorneys in Cape Town

Diversion – What is it and how can it help you?

At Bailey Haynes Inc, we are prepared to fight for you to be given a second chance and an opportunity to be rehabilitated rather than stuck with a criminal record, fine and possible imprisonment.

Diversion is a lifeline granted to young, first time offenders who have broken the law.  It is an opportunity for restorative justice that allows young offenders the chance to avoid a criminal record and possible jail time for their transgressions by admitting guilt and agreeing to a rehabilitation program.  This rehabilitation program may include counselling and some form of community service wherein you are able to atone for your behaviour by actively giving back to the community.

NICRO

- National Institute for Crime Prevention and Reintegration of Offenders

This process is assisted by NICRO (National Institute for Crime Prevention and Reintegration of Offenders) which aims to rehabilitate young law breakers and prevent them from making similar mistakes in the future.

Once arrested and charged with a crime, the young offender will be given the opportunity to obtain legal representation.  At your first appearance, your attorney should make written representations to the Prosecutor of that court in order to convince them that you are a suitable candidate for diversion based on factors that may include- the severity of your offence, your age, and motivation for why it is in the interests of justice that you be diverted away from the formal legal process.

Diversion will not be available to everyone and the decision by the Prosecutor will be subject to the type of offence committed and the circumstances of the offender.

You will be required to undergo an assessment which will take place before the trial so that the courts are satisfied that you are able to be rehabilitated.  

At your first court appearance, the Magistrate will postpone your matter to a later date in order for you to complete the necessary assessment, rehabilitation program and possible community service.  At the next appearance, should the Magistrate be satisfied that you have successfully been rehabilitated, the charges against you will be withdrawn.

Diversion is a once off life-line and cannot be relied on should you be charged with similar offences in the future.  The benefits of such a program are obvious.  Young offenders will be spared from a lifetime of regret at having gotten a criminal record which will hamper your chances at future employment.  The offender will be spared possible jail time and may even be able to turn their life around through completing the necessary rehabilitation programs, allowing them to become responsible adults and contributing members to society.

Bailey Haynes Incorporated  - Litigation Attorneys in Cape Town

Contact our attorneys in Cape Town, for expert legal advice and all matters relating to criminal law.

Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us.

Subscription

Get the latest updates in your email box automatically.

Search

Archive

scroller
June
January
February
March
April
May
June
July
August
September
October
November
December
2025
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
SunMonTueWedThuFriSat
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1
2
3
4
5
00:00
01:00
02:00
03:00
04:00
05:00
06:00
07:00
08:00
09:00
10:00
11:00
12:00
13:00
14:00
15:00
16:00
17:00
18:00
19:00
20:00
21:00
22:00
23:00
June
January
February
March
April
May
June
July
August
September
October
November
December
2025
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
SunMonTueWedThuFriSat
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1
2
3
4
5
00:00
01:00
02:00
03:00
04:00
05:00
06:00
07:00
08:00
09:00
10:00
11:00
12:00
13:00
14:00
15:00
16:00
17:00
18:00
19:00
20:00
21:00
22:00
23:00