5. The Pretrial Diversion Programme 5.1. INTRODUCTION In 2009, Zimbabwe introduced the pre-trial diversion programme (PTD) aimed at channelling cases of children who commit non serious offences from the formal justice system to extra-judicial programmes thereby ensuring that children do not receive a criminal record for actions committed due to immaturity or lack of guidance. The programme is currently being implemented in Harare, Chitungwiza, Gweru, Bulawayo and Murehwa. This chapter highlights the key aspects of the programme. 5.1.1. Background and Objectives The Government of Zimbabwe realized that there was need to move away from the punitive and retributive practices towards rehabilitative, educative and restorative options. A national steering committee involving all the relevant Government Ministries and departments, as well as other key stakeholders in the juvenile justice system was constituted and given the task of implementing the pilot programme. The objectives of the Pre-trial Diversion Programme would be to make offenders responsible and accountable for their actions, provide an opportunity for reparations, identify underlying problems motivating offending behaviour through personalised services, prevent offenders from receiving a criminal record and being labeled as criminals, open up the judicial process for educational and rehabilitative procedures to come into action to the benefit of all the parties concerned, and reduce the caseload on the formal justice system. 5.2. TARGET GROUP This programme caters for children in conflict with the law who would have committed non serious offences which would attract a sentence up to twelve months imprisonment. The young persons must not have been a repeat or serious offender and must accept responsibility of the crime. They should also be willing to take part in the activities identified by the diversion officer. It is important to note that young offenders who deny their guilt would not be eligible and are entitled to due process. 5.3. ROLES AND RESPONSIBILITY OF THE STAKEHOLDERS 5.3.1. Police The police should use the power to arrest as a last resort. The arresting detail should consider diversion options before effecting an arrest depending on the nature and seriousness of the offence. The juvenile should be assessed within the shortest period of time and in any event, within a week. If the police decide to arrest the child, minimum force should be used. The police officer should explain all the rights entitled to the child in a language that he understands. Investigations should be completed urgently and promptly and notification of the arrest must be given to the diversion officer, giving all relevant details of the young person. Young offenders should not undergo identification parades or fingerprinting. Where a young offender is incarcerated, the arresting detail and the officer in charge should ensure that the offender has proper food, medical treatment if required, adequate clothing, access to religious counselors, his lawyer, parents, guardians and should be separated from adult offenders to avoid criminal contamination. Where the police fail to determine whether the matter should go for diversion or not, they should prepare the docket which would be sent to the prosecutor, who upon receipt of the docket should refer the case to the diversion officer to make investigations. 25