(1) A diversion may be a level one diversion option, level two diversion option or level three diversion option as set out in Schedule 4.
(2) In selecting the level that is appropriate for a child, a probation officer, the Director of Public Prosecutions or the Court shall consider —
(a) the background of the child;
(b) the educational level, cognitive ability and the environmental circumstances of the child;
(c) the proportionality of the option recommended or selected to the circumstances of the child;
(d) the nature of the offence and the interests of the community or society; and
(e) the age and developmental needs of the child.
(3) A level three diversion option applies to a child over the age of fourteen years in cases where the law under which the offence is committed imposes a sentence of detention for a period not exceeding six months.
(4) The offences to which a level one diversion option, level two diversion option or level three diversion option apply are set out in Schedule 5 and a diversion option applies to offences that are similar to those under Schedule 5.
(5) A child shall not be excluded from a diversion option if his or her parent is unable to pay any fee required for the child's participation in the diversion option.