PARLIAMENT: INFORMATION SERVICES OF THE REPUBLIC OF SOUTH AFRICA

Child Justice Bill: Briefing by Christine Silkstone (Research - PC on Justice and Constitutional Affairs)

22 February 2008

Key issues for consideration by the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Children, Youth and Disabled Persons:

· Minimal age for criminal capacity needs to be aligned with international norms and standards, currently age 14 years.

· Clearer provisions are required regard the legal aid offered to Awaiting Trial Prisoners (A TP) who are unable to locate their legal guardians or who are orphaned.

· Concerns raised regarding absence of legal aid at the preliminary inquiry phase - how is this in the best interest of the child in conflict with the law.

· Concern raised regarding bail application of A TP who are unable to pay and who do not have legal representative to assist nor have access to a guardian.

· The location of ATP (children) in facilities with adult prisoners requires serious review and should not be allowed given the child's high risk of exposure to abuse by adult inmates. Where this does occur, it is a clear breach of the Constitutional provisions that ensure that children are protected from maltreatment, neglect abuse or degradation (Section 28 [1 ][d))

· ATP (children) should not be transported with adult prisoners for the very reasons mentioned previously - exposure to abuse.

· Assessment of ATP (children) across the board is essential and should be lobbied for to ensure that children in conflict with the law in appropriate instances are sent to diversion programmes soonest. The assessment of young offenders is currently limited to only serious offences.

· Lobbying for more one-stop centres as one at St Albans Prison in Port Elizabeth.

· Training of personnel within the criminal justice system around child rights and the implications of the Child Justice Bill is essential. Particular emphasis needs to be placed on police officers and probation officers.

· Awareness raising of the Child Justice Bill in an easily accessible format to civil society particularly youth should be lobbied for.

· The alignment of the Child Justice Bill, the Children's Act and the Children's Amendment Bill and the Sexual Offences Bill requires attention.

· Current status of paralegal advisors and the potential role they could play with children in conflict with the law requires further investigation.

Abrahams K (2008) Research Unit