Child Diversion Act review weighs wider referrals and fewer court appearances

At its July 2 sitting, the Joint Select Committee examining the Child Diversion Act continued its review of submissions on sections 3 to 15, with members zeroing in on changes meant to keep more children between 12 and 17 out of court. The discussion focused on referrals, consent and how diversion can help a child without ending in a conviction.

Officials said parish child diversion officers are the first point of contact when matters come from the police or the courts. Those officers carry out intake, risk and needs assessments and place treatment plans before parish child diversion committees, whose membership can include correctional services, the Jamaica Constabulary Force, CPFSA, psychologists and other professionals. Committee members said those parish bodies need more public visibility and closer coordination with CPFSA.

A major concern was section 9, which several submissions said should be redrafted. Recommendations from the Ministry of Justice and Constitutional Affairs, the Ministry of Education, Skills, Youth and Information, the Office of the Director of Public Prosecutions and Jamaicans for Justice supported wider authority for prosecutors, including the DPP, to send eligible matters straight to diversion. Members stressed that a child's acceptance of responsibility should not be treated as a guilty plea, and said successful completion of the programme should, as far as possible, spare the child from ending up with a criminal record.

The committee also heard concern that some children are still being remanded before diversion arrangements are made, which can make the process harder to access in practice. Members argued that eligible cases should reach a child diversion officer quickly, whether through a police caution, the prosecutor or the clerk of court. Other submissions, including those from Daniel Barnes, the Jamaican Psychological Society, AIDS Healthcare Foundation Jamaica and the Jamaica Umbrella Group of Churches, called for risk-based referrals, continuity for children who turn 18 before a matter is concluded, better psychosocial and trauma-informed support, annual reporting, and stronger family involvement. Proposals for school-based disciplinary structures were discussed, but members indicated that work may fit better under CPFSA or the Ministry of Education than under the Child Diversion Act itself.

No final ruling was made on repeat participation in the programme. Some members favoured removing hard limits so children are not shut out too early, while one senator asked for figures on repeat offending, demand and cost before that section is settled. The Child Diversion Unit said compliance runs above 80 per cent, the current allocation is a little over $80 million, and last year's spending remained within budget. The committee is to resume next Wednesday at 10 a.m. as it aims to complete its report before the end of July.