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Implementation of the Child Justice Act

Implementation of the Child Justice Act. Lorenzo Wakefield Child Justice Alliance. Introduction. Information based on findings from desktop-based research Will cover following selected topics for discussion: Criminal Capacity provisions

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Implementation of the Child Justice Act

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  1. Implementation of the Child Justice Act Lorenzo Wakefield Child Justice Alliance

  2. Introduction • Information based on findings from desktop-based research • Will cover following selected topics for discussion: • Criminal Capacity provisions • The impact of the sexual offences act on the child justice system • What do the numbers tell us? • Accountability and Oversight – where are we headed? • Conclusion and Recommendations

  3. Criminal Capacity • Previous position – Common Law • Child below 7 years is irrebuttably presumed to be doli incapax • Child between 7-14 years is rebuttably presumed to be doli incapax • Child above 14 years is regarded as having full criminal capacity • International law • No specified age for criminal capacity • BUT, the Committee on the Rights of the Child recommend minimum age of criminal capacity: 12 years • Developing medical science also points to later development of children’s mental capacity • Child Justice Act • Child below 10 years is irrebuttably presumed to be doli incapax • Child between ages of 10 – 14 years is rebuttably presumed to be doli incapax • Child above 14 years is regarded as having full criminal capacity • However, Act provides that the Minister of Justice MUST review the minimum age of criminal capacity after 5 years

  4. Criminal Capacity • DoJCD hosted a workshop on the amendments to the CJA in relation to criminal capacity • Multiple stakeholders agreed to 12 years as minimum age of criminal capacity • Impact? • Fewer children enter the justice system • Pool of children benefiting from social services might increase • Bill with amendments is yet to be tabled in Parliament – despite 1 April 2015 deadline

  5. Impact of the Sexual Offences Act • Criminalisation of consensual sexual behaviour by children between the ages of 12 and 16 years • Sections 15 & 16 criminalisation • Teddy Bear Clinic & RAPCAN v Minister of Justice and Constitutional Development (CC) • Introduction of Criminal Law Matters (Sexual Offences and Related Matters) Amendment Act Amendment Bill of 2015

  6. Impact of Sexual Offences Act • Children’s names on the sex offenders register • Upon conviction of any sexual offence a child’s name get placed on the register and in certain instances for life • J v National Director of Public Prosecutions • Individualised approach to screening the possibility of a child’s name on the register

  7. Statistics • Collection of statistics have been problematic since implementation of Act • Statistics are important to measure the impact of the Act • Statistics are important to identify and address challenges in implementation • Numbers of charges vs numbers of children

  8. Statistics

  9. Statistics • The fourth (2013/2014) annual report • No statistics on number of charges brought against children • No statistics on number of children assessed • No statistics on number of children diverted • Comparative to other previous financial year reporting, but not within the current financial year • Valuable information such as number of sexual offences committed and number of children used by adults to commit offences

  10. Accountability and Oversight • Section 96(3) of the Act • Current nature of oversight?

  11. Accountability and Oversight • Judicial Matters Amendment Bill 2 of 2015 • Combine Child Justice Act annual report with that of Departmental Annual Report • Problematic for a number of reasons: • Purpose of these report are different • Weakens Parliamentary oversight • Removes political accountability towards children • Table shows that DOJ complied with duty to table reports • Parliament must strengthen its oversight on the implementation

  12. Conclusion and Recommendations • No doubt that the CJA takes the best interest of children into account and • Provides a child appropriate justice system for children • Recommendations: • The Executive must reflect more accurately and consistently on the statistics of children in the justice system • Vital information, such as the number of charges brought against children and the number of children diverted cannot be omitted

  13. Conclusion and Recommendations • Recommendations cont… • Parliament needs to strengthen its oversight on the implementation of the Act • Consistency with meetings is a first step • Section 19(3)(a) of the Judicial Matters Amendment Bill 2of 2015 should be rejected

  14. Thank you! • Questions?

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