The Pretrial Diversion Programme and its Impact in the Juvenile Justice System in Zimbabwe: Harare Province, Zimbabwe

Abstract

Children in conflict with the law deserve to be protected from formal criminal justice system because of the negative effects attached to it. Worldwide States have been moving from the traditional criminal system for juveniles moving to restorative justice which is more positive and rehabilitative in nature. Before the Government of Zimbabwe launched the Pre-Trial Diversion Programme in May 2013 there was no separate justice system for children in conflict with the law and adults, they were all treated in the same manner. The programme is aimed at finding ways of diverting cases committed by children under the age of 18 years and other crimes not considered to be serious from the formal criminal justice system. Therefore this study explores the Pretrial Diversion Programme and its impact in the juvenile justice system in Harare. The theoretical framework which guided this study was the labelling theory and the welfare model. This theory believes that the use non-custodial sentences for children in conflict with the law makes them better citizens yield better results. It views incarceration as inappropriate for children as it results in stigmatization and labelling which will affect the child’s self-perception and future opportunities. In addition, the literature review also discussed the welfare model which suggests that juvenile offenders should be treated in a peculiar way which is different from the way adult offenders are treated. Purposive was used to recruit fifteen (15) participants from key government ministries, Civil Society Organizations, Prison Services and other individuals working with children in conflict with the law. The findings from the study show that the Pretrial Diversion Programme has been an effective alternative rehabilitation mechanism in ensuring that children in conflict with the law are not incarcerated especially in areas where it is being implemented. It was also noted that the programme decongest and improve efficiency of the court system, allows children in conflict with the law a second chance, avoid a criminal record and for them to be rehabilitated and contribute meaningfully to the society. The findings from the study also showed that in as much as the Pretrial Diversion Programme is a great initiative however, it has inadequate funding allocation which has led to limited personnel and low coverage in terms of outreach to other areas in the country where it has not been implemented. This has therefore affected its activities leading to children in conflict with the law in these areas face incarceration. The research concluded that the Pretrial Diversion programme has been effective in keeping children away from judicial proceedings however; there is need for a clearly articulated and documented modus operandi of the programme and a multisectoral approach in its implementation to improve its coverage and efficiency. Finally, it is suggested that more research be done on the Pretrial Diversion Programme to increase knowledge regarding implementation.