IPJJ - Interagency Panel on Juvenile Justice

Glossary

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Community Order

A court sentence to be served in the community. As part of the Community Order the court may order the offender to fulfil a number of requirements. These include drug or alcohol treatment and testing, electronic monitoring (tagging), curfew, living at a specified address, unpaid work, doing or refraining from doing certain things or entering certain places, or attending certain programmes.

Complaints mechanism

A complaints mechanism is any system that allows a child deprived of liberty to bring any aspect of the treatment that child has received, including violations of his or her rights, to the attention of the authority responsible for the place of detention, or any other official body established for such purpose.

Conflict with the law

A child is in conflict with the law when he or she has committed or has been accused of having committed an offence. Depending upon the local context, children may also be "in conflict with the law" when they are dealt with by the juvenile justice or adult criminal justice system for reason of being considered to be in danger by virtue of their behaviour or the environment in which they live.

Customary norms

Widespread consistent norms in the State in question, including long standing tribal or indigenous rules that may be known by a large part of the population.

Detention / Deprivation of liberty

A child is deprived of liberty when he or she is placed in any form of detention or imprisonment in a public or private setting, from which the child is not permitted, by order of any competent authority, to leave at will. This includes any form of residential placement including police lock-ups, training schools, borstal institutions, treatment centers, reform schools, education and reeducation centres, remand homes, training centers, specific juvenile facilities, or adult correction facilities, including high-security institutions.

Diversion

Diversion means channelling children in conflict with the law away from judicial proceedings through the development and implementation of procedures or programmes that enable to avoid the potential negative effects of formal judicial proceedings, provided that human rights and legal safeguards are fully respected. A child is diverted when he or she is in conflict with the law but has their case resolved through alternatives. Diversion may involve measures based on the principles of restorative justice.

Hearing

A court proceeding to decide on a course of action or to determine a child's involvement or non-involvement in an offence. In making the decision, arguments, witnesses, and evidence are heard by a judicial officer or administrative body.

Immigration / migration offence

An immigration / migration offence is an offence relating to the legality of the entry and/or continued presence of the child and/or his or her family in the country in question, or to the legality of the current place of residence of the child and/or his or her family following internal displacement.