The application of the Child Care Act in respect of the assessment and sentencing of juvenile offenders

[摘要] ENGLISH ABSTRACT:This study is concerned with children and youths in conflict with the law, who areadditionally at risk of becoming or being in need of care. The study eventuated fromconcern for neglected children and youths from poor, disadvantaged and violentcommunities in the Western Cape Province, who inevitably lapsed into crime.Child and youth care, including juvenile justice, in South Africa is presently in aprocess of transformation, managed by the inter-ministerial committee on youngpeople at risk. As an outcome of the transformation of the juvenile justice system,assessment centres were established at juvenile courts. Probation officers wereappointed in terms of the Probation Services Act (Act 116 of 1991) to assessarrested children and youths before their first court appearance in view of a suitableawaiting trial placement and possible diversion of the criminal case. The researcherinvestigated how arrested children and youths, being in need of care, are managedwithin the criminal justice system.The research study showed that in spite of the implementation of policies andlegislation to protect children and youths from detention in prison, the number ofchildren and youths in prisons awaiting trial have steadily increased. A continuousshortage of vacancies in awaiting trial places of safety exists. It has further beenestablished that professionals such as magistrates, prosecutors and probationofficers recognize the needs of arrested children and youths who are additionally atrisk of being or becoming in need of care. Factors such as the existing lack ofvacancies in awaiting trial places of safety however result in children and youths notbeing protected in terms of care in all instances. The research study also indicatedthat arrested children and youths who are current subjects of the Child Care Act (Act74 of 1983) as amended are often not effectively managed within the criminal justicesystem. A lack of sufficient knowledge of the said Child Care Act by especiallyprosecutors appears to be a contributing factor. A comprehensive criminal justice system for children and youths in South Africa isbeing envisaged, as contained in the draft Bill (Bill B), which will enable individualizedbut holistic services in respect of children and youths in conflict with the law. Therole and tasks of probation officers carrying out assessments have as such become akey element in the management of arrested children and youths, as contained in thedraft Bill (Bill B). Probation officers therefore playa significant role in advising thecourt regarding the appropriate management of arrested children and youths who areat risk of becoming or being in need of care.

[发布机构] Stellenbosch University