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Age of criminal responsibility is the age

when a child, 15 years and 1 day old or
above but below 18 years of age,
commits an offense with discernment

In conflict with the law - means take into

custody, detained, or charged with the
commission of an act defined and punished
as a crime or offense under the law

Initial contact refers to apprehension

or taking into custody of a CICL

Diversion refers to an alternative

child-appropriate process of determining
the responsibility and treatment of a
child in conflict with the law on the basis
of the childs social, cultural, economic
psychological or educational background
without resorting to formal court
adjudication

Discernment means the capacity of the

child at the time of the commission of the
offense to understand the differences
between right or wrong and the
consequences of the wrongful act

Diversion programs refer to programs

the CICL is required to undergo in lieu of
formal court proceedings

Applies to all criminal cases involving

children in conflict with the law (CICL)

Not applicable if CICL has reached 18

years of age at the time of the initial
contact or at any time thereafter

To ensure that the justice system treats

every child in conflict with the law in a
manner that recognizes and upholds human
dignity and worth and instills in the child
respect for the fundamental rights and
freedom of others

Original or certified true copy of the

Certificate of Live Birth
Similar authentic documents (Baptismal
Certificate, School Records, etc.)
Testimony of the child or member of the
family by affinity or consaguinity

A child 15 years of age or under at the time

of the commission of the offense

Case will not be set for arraignment but will

be referred to the Diversion Committee (DC)
DC will determine whether the JICL can be
diverted and referred to alternative
measures
Pending determination, JICL will be under
custody of parent/legal guardian

Branch clerk of court - Chairperson

Prosecutor
PAO lawyer
Court social worker

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DC chairperson will call for a conference

with notice to the JICL, his parents/legal
guardian and counsel and the private
complainant and his counsel
Purpose is to recommend to the Family
Court whether the JICL should be diverted to
a diversion program or undergo court
proceedings

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Record of JICL
Whether penalty for the offense is not
more than 6 months
Whether JICL is a threat
Whether JICL is unrepentant
Whether JICL or parents are hostile
Whether JICLs relationship with peers will
increase delinquent behavior

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If DC recommends approval, diversion

program submitted to the Family Court
DC cannot recommend diversion if JICL or
the private complainant objects
Consent to diversion not an admission of
guilt by JICL and cannot be used as
evidence against him

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Written or oral reprimand or citation

Return of property
Payment of damages
Written or oral apology
Guidance and supervision orders
Counseling for JICL and his family
Training, seminars, lectures
Participation in community-based
programs
Institutional care and custody
Work-detail program in the community
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Signed by JICL, parents/legal guardian

and complainant
Approved by the Family Court
Mandatory terms and conditions
Report to court social worker once
a month
Comply with terms and conditions
in the undertaking (Failure to
comply can lead to return of case
to court for formal proceedings)

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Periodic visits by court social worker

Submission by social worker of report to the
Family Court
Court social worker may recommend closure
or extension of diversion

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Closure, if JICL has complied with

undertaking
Extension of diversion program, if JICL
needs additional period for rehabilitation
Return of case to court for formal
proceedings, if diversion program will no
longer serve its purpose

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