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10.2 A judge or other competent official or body shall, without delay, consider the issue of
release.
10.3 Contacts between the law enforcement agencies and a juvenile offender shall be
managed in such a way as to respect the legal status of the juvenile, promote the well-being
of the juvenile and avoid harm to her or hi m, with due regard to the circumstances of the
case.
Commentary
Rule 10.1 is in principle contained in rule 92 of the Standard Minimum Rules for the Treatment
of Prisoners.
The question of release (rule 10.2) shall be considered without delay by a judge or other
competent official. The latter refers to any person or institution in the broadest sense of the
term, including community boards or police authorities having power to release an arrested
person. (See also the International Covenant on Civil and Political Rights, article 9, paragraph
3.)
Rule 10.3 deals with some fundamental aspects of the procedures and behaviour on the part
of the police and other law enforcement officials in cases of juvenile crime. To "avoid harm"
admittedly is flexible wording and covers many features of possible interaction (for example
the use of harsh language, physical violence or exposure to the environment). Involvement in
juvenile justice processes in itself can be "harmful" to juveniles; the term "avoid harm" should
be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first
instance, as well as any additional or undue harm. This is especially important in the initial
contact with law enforcement agencies, which might profoundly influence the juvenile's
attitude towards the State and society. Moreover, the success of any further intervention is
largely dependent on such initial contacts. Compassion and kind firmness are important in
these situations.
11. Diversion
11.1 Consideration shall be given, wherever appropriate, to dealing with juvenile offenders
without resorting to formal trial by the competent authority, referred to in rule 14.1 below.
11.2 The police, the prosecution or other agencies dealing with juvenile cases shall be
empowered to dispose of such cases, at their discretion, without recourse to formal hearings,
in accordance with the criteria laid down for that purpose in the respective legal system and
also in accordance with the principles contained in these Rules.
11.3 Any diversion involving referral to appropriate community or other services shall require
the consent of the juvenile, or her or his parents or guardian, provided that such decision to
refer a case shall be subject to review by a competent authority, upon application.
11.4 In order to facilitate the discretionary disposition of juvenile cases, efforts shall be made
to provide for community programmes, such as temporary supervision and guidance,
restitution, and compensation of victims.
Commentary
Diversion, involving removal from criminal justice processing and, frequently, redirection to
community support services, is commonly practised on a formal and informal basis in many
legal systems. This practice serves to hinder the negative effects of subsequent proceedings in
juvenile justice administration (for example the stigma of conviction and sentence). In many
cases, non-intervention would be the best response. Thus, diversion at the outset and without
referral to alternative (social) services may be the optimal response. This is especially the case
where the offence is of a non-serious nature and where the family, the school or other