PRESENTATION ON CHILDREN IN CONFLICT WITH THE LAWPORTFOLIO COMMITTEE FOR DCS

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PRESENTATION ON CHILDREN IN CONFLICT WITH THE
LAW-PORTFOLIO COMMITTEE FOR DCS

• 10 JUNE 2008

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INTRODUCTION

• The Child Justice Bill (CJB)
• The Bill proposes important changes to the manner
  in which children in conflict with the law are
  managed and dealt with within the criminal
  justice system.
• Since the conceptualization of the Bill the
  Department of Social Development has strived to
  align all its initiatives on children in conflict
  with the law to the requirements of the Bill.
• The Department of Social Development is therefore
  responsible for the execution of the following
  functions stipulated by various legislation
  including the CJB.
• Provision of assessments for all arrested
  children by probation officers -within 48hrs
• Provision and funding of diversion services
• Provision of alternatives for children awaiting
  trial
• Home based supervision programmes
• Provision of residential care facilities (Secure
  Care Facilities)
• Provision of pre-trial and pre-sentence reports
• Alternative sentencing options
• Prevention services and programmes to strengthen
  existing capacity and opportunities for children
• Early intervention services to prevent children
  entering into the Criminal Justice System

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SUPPORTING LEGISLATION

• The Department renders services to children in
  conflict with the law based on legislative
  mandates such as the following
• Probation Services Amendment Act,2002
• Section 4B states that any arrested child who has
  not been released shall be assessed by a
  probation officer as soon as reasonably possible,
  but before his or her first appearance in court
  in terms of section 50( l) (c) of the Criminal
  Procedure Act, 1977 (Act No. 51 of 1977)
  Provided that if the child has not yet been
  assessed when brought before the court, the court
  may authorise the extension of the period within
  which the assessment must take place by periods
  not exceeding seven days at a time following his
  or her first court appearance.
• Section 4A refers to appointment of assistant
  probation officers and their duties
• Childrens Act 38 of 2005 and the Amendment Act
  41 of 2007
• Chapter 8(s) 143 (sub section 1) a-b provision
  of prevention programme
• (sub section 2) a-b
  early intervention programmes
• Chapter 13 refers to establishment of
  Residential Care Facilities and programmes.

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MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT
OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS
LIMITED

• Assessment of arrested children is conducted by
  Probation officers in courts, RAR and in DSD
  offices
• Implementation of diversion programmes
• Contact details are provided to all SAPS stations
• Visit to SAPS holding facilities
• Re-assessment of children detained in DCS
  facilities for alternative placement (14 day
  remand)
• Utilization of the Home-based Supervision
• Turn around strategy of childrens cases (Case
  flow management)
• Provision of secure care facilities
• Plans for building additional secure care
  facilities.
• Advocacy programs- Preventative programs in
  collaboration with other stakeholders.
• Participating on the awaiting trial detainees
  task team led by DCS toe reduce number of
  children in DCS facilities
• Capacity building of Probation services.

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MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT
OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS
LIMITED CONT

• HUMAN RESOURCES
• Probation officers
• The Department has approximately 479 probation
  officers who are currently servicing 388
  magisterial courts, 88 high courts and 299
  periodical courts.
• Assistant Probation officers
• A volunteer assistant probation officer'
  programme has been initiated in collaboration
  with Umsobomvu Youth Fund and the National Youth
  Service Programme to recruit and train 220 young
  people as Volunteer Assistant Probation Officers.
  
• Presently 296 APOs have been appointed to
  provide services to children in conflict with the
  law, of which 141 are youth from the VAPO project
  .
• These young people are assisting probation
  officers in providing services to children in
  conflict with the law, especially with regard to
  the implementation of home-based supervision and
  family finding.

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SECURE CARE CAPACITY(23/05/2008)
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NUMBER OF PERSONNEL PER PROVINCE
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MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT
OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS
LIMITED CONT.

• SECURE CARE FACILITIES
• The department has 31 secure facilities and
  planned to build additional 22 facilities within
  the MTEF
• Out of the 31 facilities nine are outsourced to
  NGOs and 22 run by the department
• On average 1500 to 1800 new children are admitted
  at these facilities on monthly basis to await
  trial.
• In total the facilities have 2262 bed capacity
  and at a given time there is approximately bed
  space of 500.
• For instance as of the 23rd May 2008, 677 bed
  space was available
• These facilities are always not fully utilized.
• The planned facilities will provide additional
  bed space of 1320

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Number of Secure Care Facilities
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Number of Secure Care Facilities
11
Number of Secure Care Facilities
12
Number of Secure Care Facilities
13
Number of Secure Care Facilities
14
Number of Secure Care Facilities
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CHALLENGES EXPERIENCED BY DSD IN ACCOMODATING
CHILDREN IN DSD FACILITIES THAN IN DCS FACILITIES

• Non compliance with the Interim National
  Protocol for the management of children awaiting
  trial.
• The majority of arrested children are usually
  assessed in courts and in correctional
  facilities, of which they could have been
  assessed before appearing in court and ultimately
  being detained in DCS facilities.
• The Criminal Procedure Act (sec 50 (sub sec 5)
  mandates SAPS to notify Probation officers of all
  arrested children for assessment purposes and
  placement.

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CHALLENGES EXPERIENCED BY DSD IN
ACCOMODATINGCHILDREN IN DSD FACILITIES THAN IN
DCS FACILITIES

• The Interim National Protocol for the management
  of children awaiting trial further states that
  Justice and Constitutional Development has a
  responsibility to notifying the Probation
  officer of an arrested child due to appear before
  court and has not been assessed.
• Children are placed within DCS facilities through
  court order.
• The court considers the seriousness of the
  offence and not always the recommendations of the
  Probation Officers when placing a child and/or
  considering alternative placement and diversion.

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LEVEL OF SOCIAL WORK SUPPORT

• DSD has dedicated personnel as required by the
  Probation Services Act (116 of 1991) as amended
  in 2002 to render services to children at risk
  and in conflict with the law
• Prevention programmes
• Early intervention services (reception,
  assessment and referral services, restorative
  justice programmes and diversion programmes).
• Services to victims of crime
• Statutory services
• Continuum of care (supervision and after care)
• Diversion
• Approximately 19 631 children have been diverted
  during the last financial year. However a more
  concerted effort is required to strengthen
  programmes and fund NGOs who are providing
  these programmes as children are committing more
  violent crimes and sexual related offences.

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CONCLUSION

• The Department acknowledges the intersectoral
  collaboration
• However if DSD is not informed of children
  arrested by SAPS, such children wont be assessed
  within 48 hours of arrest and they might end up
  in correctional facilities.
• If children are not assessed on arrest or within
  48 hours of arrest, NPA should not proceed with
  the case without an assessment report.
• Lastly if all role players do not assume their
  responsibilities it impacts negatively on the way
  children are dealt with and some children fall
  through the cracks within the child justice
  system.

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• THANK YOU