CRC/C/GC/24 in the majority of cases. States parties should continually extend the range of offences for which diversion is possible, including serious offences where appropriate. 25. It is left to the discretion of States parties to decide on the exact nature and content of the measures of diversion, and to take the necessary legislative and other measures for their implementation. Nonetheless, on the basis of the information provided in the reports from some States parties, it is clear that a variety of community-based programmes have been developed, such as community service, supervision and guidance by social workers or probation officers, family conferencing and other forms of restorative justice including restitution to and compensation of victims. 26. States parties should take measures of diversion as an integral part of their juvenile justice system, and ensure that children’s human rights and legal safeguards are thereby fully respected and protected (art. 40 (3) (b)). 27. The Committee emphasizes the following: • Diversion should be used only when there is compelling evidence that the child committed the alleged offence, that he/she freely and voluntarily admits responsibility, and that no intimidation or pressure has been used to obtain that admission and, finally, that the admission will not be used against him/her in any subsequent legal proceeding; • The child must freely and voluntarily give consent to the diversion, a consent that should be based on adequate and specific information on the nature, content and duration of the measure, and on the consequences of a failure to cooperate, carry out and complete the measure.; • The law should indicate the cases in which diversion is possible, and the powers of the police, prosecutors and/or other agencies to make decisions in this regard should be regulated and reviewed. All State officials and actors participating in the diversion process should receive the necessary training and support; • The child must be given the opportunity to seek legal or other appropriate assistance on the appropriateness of the diversion offered by the competent authorities, and on the possibility of review of the measure; • The completion of the diversion by the child should result in a definite and final closure of the case. Although confidential records can be kept of diversion for administrative and review purposes, they should not be viewed as “criminal records” and a child who has been previously diverted must not be seen as having a previous conviction. If any registration takes place of this event, access to that information should be given exclusively and for a limited period of time, e.g. for a maximum of one year, to the competent authorities authorized to deal with children in conflict with the law. Interventions in the context of judicial proceedings (disposition) 28. When judicial proceedings are initiated by the competent authority, the principles of a fair and just trial must be applied (see section D below). At the same time, the juvenile justice system should provide ample opportunities to deal with children in conflict with the law by using social and/or educational measures, and to strictly limit the use of deprivation of liberty, and in particular pre-trial detention, as a measure of last resort. From the moment of arrest, and during the disposition phase of the proceedings, deprivation of liberty must be used only as a measure of last resort and for the shortest appropriate period of time (art. 37 (b)). This means that States parties should have in place a well-trained probation service to allow for the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day report centres, and the possibility of early release from detention. 29. The Committee reminds States parties that, pursuant to article 40 (1) of CRC, promoting reintegration requires that a child who is or has been in conflict with the law should be protected from actions or attitudes that hamper the child’s full participation in his/her community, such as stigmatization, social isolation, or negative publicity. 8

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