“I have been charged with shoplifting and it is alleged that I stole items worth about R200.00, I do not deny that I stole, but I stole because of necessity. I do not want a criminal record and plead guilty to the offence. What can I do”

In certain circumstances, the State i.e. the prosecutor can be approached by your legal representative and written representations i.e. a letter can be addressed to the prosecutor to explain the reasoning behind the offence.

The State can then decide and the prosecutor has a discretion to either withdraw the charge against you or you may undergo adult diversion.

These circumstances are as follows:

1. You must be a first offender
2. Have a fixed address
3. The offence which you are charged with must not be serious
4. You must show remorse and admit to the offence
5. You qualify for adult diversion

These circumstances are not exclusive and can representations also be done in circumstance where the State does not have any prospects of success in the prosecution of the matter. These examples are those in which upon reading of the case docket you or your legal representative realise that the evidence of the State is of such poor quality that the State will not be able to proof its case.

There are further numerous occasions in which representations can be address to the State examples of those are:

1. Speeding fines
2. To some extent minor assaults
3. Crimen Injuria matters
4. Reckless driving
5. Drunken driving

Upon receipt of your representations the State Prosecutor (normally a Senior State Prosecutor) will peruse the representations and apply his/her discretion. If you qualify for adult diversion, the matter will be remanded for the outcome of the division and if successful thereafter the charge will be withdrawn.

It is important to explain what is adult diversion. Adult diversion is an alternative process used to finalise a criminal case outside the formal criminal court structure. 

The National Director of Public Prosecutions’ Policy Directive No 7 defines diversion as: the election, in suitable and deserving cases, of a manner of disposal of a criminal case rather than through normal court proceedings. It usually implies the provisional withdrawal of the charges against the accused, on condition that they participate in particular programmes and/or make reparation to the complainant.

The establishment of diversion programmes is primarily the responsibility of the Department of Welfare, but NGOs such as NICRO (the National Institute for Crime and Rehabilitation of Offenders) may be of assistance. After the offender has completed the diversion programme, the social worker submits a report to the prosecutor.

The purpose of representations is to first and foremost limit the expenditures of a trial and to secondly re-integrate the offender back into the community by assisting and empowering him/her by giving them the necessary tools (i.e. the program) to adapt as a normal member of society.