A Record for Life? Give Youth a Second Chance.

By 15th May 2025Criminal Law
criminal record minor crime south africa

You know how kids and teenagers sometimes act without thinking and get into trouble? Well, even if it’s something that seems minor, like shoplifting or a silly fight, it can actually lead to them getting a criminal record. This isn’t just a little mark on their school report; it’s a serious official record that follows them around.

Now, picture what that means for their future. Imagine trying to get your first real job, and the employer sees you have a criminal record – they might not want to hire you, even if what you did was years ago and not a big deal. Think about wanting to visit family in another province or go on a school trip, and suddenly you can’t because of your record. Dreaming of going to university and getting a good education? A criminal record can get your application denied. And down the line, when you’re trying to build a life, maybe wanting to get a loan to buy a car or a house, that record can come back to haunt you. It’s like one mistake when you’re young can close so many doors in your future, making it much harder to succeed and have a fair chance. It’s a heavy burden for a young person to carry.

The Criminal Justice System allows for an alternative NICRO Diversion Programme for first-time offenders and minor children (children under the age of 18 years) who have conflicted with the law. This programme is called a diversion programme. The Criminal Justice System allows first-time offenders and minors to shift away from the punitive and retributive acts committed by offering and developing educational options to restore, rehabilitate and heal the marginalised, socially excluded, and traumatised young people.

The NICRO intervention aims to:

  • Prevent re-offending of crimes;
  • Identify and deal with underlying behaviours motivating such acts;
  • Take responsibility and accountability for actions and provide reparation;
  • Prevent first-time offenders or minors from receiving a criminal record;
  • Lessen the caseload of the justice system;
  • Avoid imprisonment for minor crimes; and
  • Reduce the risk of committing a crime.

The NICRO Programme further provide seven options for first-time offenders and minors, which are:

  • Youth Empowerment Schemes (YES)
  • Pre-trial Community Service (PTCS)
  • Restorative Group Conferences (RGC)
  • The Journey Leadership Training Programme
  • ADAPT Programme

If you are a first-time offender or a minor and need assistance, please contact our office for assistance and representation to divert your matter.

 

Shervona Tia Marshall
Associate
shervona@bbplaw.attorney

 

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