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Child Justice

Booklet CoverWHAT IS THE CJA?
Prior to 1 April 2010, children who committed crime were dealt with, in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977) which also deals with adults who commit crime. The aim of the CJA is to set up a child justice system for children in confl ict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be followed.

The CJA seeks to ensure that child justice matters are managed in a rights-based manner and to assist children suspected of committing crime to turn their lives around and become productive members of society by engaging with the child in restorative justice measures, diversions and other alternative sentencing options.

AGE GROUPS COVERED BY THE ACT
According to the CJA, a child is someone who is under the age of 18. The CJA is specifi cally intended for children between the ages 10 and 18. The CJA states that:

  • A child under the age of 10 years cannot be arrested! This means that a child under 10 years does not have criminal capacity and cannot be charged or arrested for an offence. In such a case, the child will be referred to the Children’s Court.
  • A child older than 10 years but below the ages of 14 years is presumed to lack criminal capacity unless the state proves that he/she has criminal capacity. Such a child can be arrested.
  • A child above 14, but under 18 years of age, is said to have criminal capacity and can be arrested.

pdf Follow this link to read the booklet, to view the poster or the wall chart.

NATIONAL POLICY FRAMEWORK

Objectives of the Policy Framework
The NPF, as per the requirements of section 96 (1), include guidelines for:
(a) the implementation of the priorities and strategies contained in the NPF;
(b) measuring progress on the achievement of the NPF;
(c) ensuring that the different organs of state comply with the primary and supporting roles and responsibilities allocated to them in terms of the NPF and this Act.
pdf National Policy Framework on the Child Justice Act, 2008 (Act 75 of 2008)

LEGISLATION

NOTICES

RELATED JUDGMENTS

EXPUNGEMENT OF RECORDS OF CERTAIN CONVICTIONS AND DIVERSION ORDERS

Section 87 of the Child Justice Act provides for the expungement of records of certain convictions and diversion orders
(1) (a) Where a court has convicted a child of an offence referred to in Schedule 1 or 2, the conviction and sentence in question fall away as a previous conviction and the criminal record of that child must, subject to subsections (2), (3) and (5), on the written application of the child, his or her parent, appropriate adult or guardian (hereafter referred to as the applicant), in the prescribed form, be expunged after a period of....read more pdf

For any enquiries regarding expungements by the Minister or DG of Justice and Constitutional Development, contact any of the following officials:
A Mudaly (012) 315 1232
L Nieuwoudt (012) 315 1278
G Netshimbupfe (012) 315 1561
A Steyn (012) 315 1300
F Willmot (012) 315 1412
OFFICIALS WILL ONLY CONSULT WITH MEMBERS OF THE PUBLIC ON PRIOR ARRANGEMENT: PLEASE MAKE AN APPOINTMENT

Please note that the Director-General of the Department of Social Development, is responsible for the expungement of a record of any diversion order.
For further information please contact:
Ms Conny Nxumalo
Chief Director: Families and Social Crime Prevention, Tel: 012 312 7686, E-mail: connyn@dsd.gov.za
or
Mr Steven Maselesele
Director for Social Crime Prevention, Tel: 012 312 7065, Email : stevenm@dsd.gov.za

FORMS

DOCUMENTS & REPORTS

USEFULL LINKS

CONTACTS

Chief Directorate: Promotion of the Rights of Vulnerable Groups
Senior Legal Administration Officer
Ms
Pritima Osman, Tel: 012 357 8205, Email: POsman@justice.gov.za

All queries and complaints relating to matters dealt by Family Advocate matters can be directed to:
The Office of the Chief Family Advocate
Ms Karabo Litheko
Tel: 012 315 1867, Email: klitheko@justice.gov.za

 

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