Dealing with youth offenders
Learning unit 1: THE HISTORY AND DEVELOPMENT OF CHILD JUSTICE 1
1.1 Introduction 1
1.2 The historical development of
... [Show More] child justice 4
1.3 The development of juvenile justice in Africa 11
1.4 The development of the child justice system in South Africa 11
1.5 Developments in the juvenile justice system from 1990 until 2005 13
1.6 Developments in child law since 2005 15
1.7 Summary and conclusion 16
Learning unit 2: THE DEVELOPMENT OF CHILD JUSTICE LEGISLATION IN
SOUTH AFRICA 18
2.1 Introduction 19
2.2 A brief historical background to the African Charter on the Rights and Welfare of
the Child (also known as the ACRWC or the Children’s Charter) 20
2.3 The United Nations Convention on the Rights of the Child (UNCRC) 27
2.4 The South African Constitution 28
2.5 The South African Constitution with specifi c reference to children 30
2.6 Summary and conclusion 32
Learning unit 3: CHILD JUSTICE LEGISLATION IN SOUTH AFRICA 34
3.1 Introduction 35
3.2 Restorative justice system 35
3.3 The road to change in the fi eld of child justice 36
3.4 Why do we need child justice legislation? 37
3.5 What is the purpose of the Child Justice Act? 38
3.6 Objectives of the Child Justice Act 38
3.7 What has the Child Justice Act achieved? 39
3.8 Summary and conclusion 41
Learning unit 4: CRIMINAL CAPACITY AND LIABILITY OF YOUTHFUL
OFFENDERS 43
4.1 Introduction 44
4.2 Who is a child in terms of the Child Justice Act? 44
4.3 The scope of the Child Justice Act 44
4.4 The Child Justice Act and the age of criminal responsibility 45
4.5 Who determines criminal capacity in a child? 47
4.6 Determining the age of the child 48
4.7 Summary and conclusion 50
(xii)
Learning unit 5: THE PRELIMINARY INQUIRY AND PRE-TRIAL RELEASE OR
DETENTION IN TERMS OF THE CHILD JUSTICE ACT 75 OF
2008 52
5.1 Introduction 52
5.2 The preliminary inquiry 53
5.3 Release or detention of a child and the preliminary inquiry 61
5.4 Summary and conclusion 66
Learning unit 6: ASSESSMENT OF YOUTH/CHILD OFFENDERS 68
6.1 Introduction 69
6.2 Which children are assessed? 69
6.3 When must an assessment take place? 70
6.4 Who must be present during an assessment? 70
6.5 Who makes an assessment? 70
6.6 Purpose of the assessment 71
6.7 Factors to be considered during the assessment period 72
6.8 Sources of information 74
6.9 The environment where the assessment must take place 75
6.10 Summary and conclusion 75
Learning unit 7: DIVERSION 77
7.1 Introduction 78
7.2 The concept of diversion 78
7.3 The development of diversion in South Africa 78
7.4 Objectives of diversion 79
7.5 Advantages of diversion 80
7.6 Who is a candidate for diversion? 81
7.7 Constitutional and human rights regarding the diversion of juveniles 82
7.8 What are the implications of age and criminal capacity for diversion? 82
7.9 Ways to achieve diversion 84
7.10 Criteria for diversion 84
7.11 Choice of diversion options 84
7.12 Monitoring of adherence to diversion programmes 87
7.13 Legal consequences of diversion 88
7.14 Record keeping of diversion cases 88
7.15 Minimum standards for diversion 88
7.16 Types of diversion programmes 89
7.17 Challenges in implementing diversion 91
7.18 Summary and conclusion [Show Less]