Children in the criminal justice system emphasised by the department

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Children in the criminal justice system
emphasised by the department

• The following departments involved
• Department of Justice and Constitutional
  Development
• SA Police Service
• Correctional Services
• Social Development
• Education
• Current law relating to children who commit
  crimes is fragmented and incomplete
• However, innovative work done on these issues
• Children awaiting trial
• Diversion
• One-Stop Child Justice Centres

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C H I L D J U S T I C E B I L L

• Strong base exists on which to build the new
  system
• Legislation needed to provide equal access
• Empowering and regulatory framework is required

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The Bill seeks to
C H I L D J U S T I C E B I L L

• Promote crime prevention
• Protect children charged with less serious
  offences
• Promote moral regeneration
• Involve victims and communities through ubuntu
  and restorative justice
• Promote programmes to hold children accountable
• Speed up the criminal justice processes
• Ensure that imprisonment of children is a last
  resort
• Ensure safety of community by allowing for
  prosecution and sentencing of serious and
  violent child offenders
• Provide for inter-sectoral monitoring

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Aspects of the Child Justice Bill
C H I L D J U S T I C E B I L L

• Inter-sectoral collaboration
• Child is dealt with by officials from a number of
  different departments
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• Powers and duties of different officials are
  spelt out

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C H I L D J U S T I C E B I L L
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Legal representation Expungement of Criminal
RecordsMonitoring
C H I L D J U S T I C E B I L L
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Minimum Age of Criminal Capacity

• Current Law
• From 7 to 14 year old children presumed to lack
• criminal capacity
• Child Justice Bill
• Minimum age raised from 7 to 10 years

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Implementation Plan and Budget

• Consultations with departments
• Cabinet version of the Bill accompanied by
  Implementation Strategy Framework
• Detailed Implementation Strategy and Budgets
  linked to MTEF

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CONCLUSIONThe Child Justice Bill is viewed as a
priority
C H I L D J U S T I C E B I L L

• UNCRC
• Report to UN Committee on the Rights of the Child
  in January 2000
• Concerns raised about South Africas juvenile
  justice system, and plans for new legislation
  were explained
• SA to report again in 2003
• THANK YOU