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Data on children in prison Prepared by Prof J Sloth Nielsen for The Portfolio Committee on Justice and Constitutional Development.

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Presentation on theme: "Data on children in prison Prepared by Prof J Sloth Nielsen for The Portfolio Committee on Justice and Constitutional Development."— Presentation transcript:

1 Data on children in prison Prepared by Prof J Sloth Nielsen for The Portfolio Committee on Justice and Constitutional Development

2 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge Offence ctgry sentence 20007n/an/a 20027n/an/a

3 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge Offence ctgrysentence 19988N/An/a 20018 Economic (housebreaking 6-12 months theft, parole break)

4 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge Offence ctgry sentence 20019aggressive (malicious 0-6 mths damage to property)

5 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge Offence ctgry sentence 199910n/an/a 200010n/an/a 200010economic0-6 mths (housebreaking) 200110n/a n/a

6 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge=11 Offence ctgry/ sentence 19985 childrenn/a 19990 20001 childn/a 20011n/a 20020 NB: two girls, one in 1998 (Northern Cape) and one in 2001(Limpopo)

7 Summary : sentenced children under 12 years 1998-2003 AgeNo in five years 72 82 91 104 117 Total16

8 Comparison: awaiting trial children under 12 in prisons 1998-2003 Ageno of childrenOffence 71n/a 84n/a 92H/breaking, n/a 101312 n/a, 1 murder 111612 n/a, malicious damage to property, 2 x h/breaking, 1 escape/attempted escape total36

9 Statistical data from the last 5 years: sentenced children under 14 yrs YearAge of 12 sentence 19982 children n/a 19996 childrenn/a for 5. 1 = 2-3 years, aggressive 20000 20017n/a for 6. 1= 0-6 months for reckless/negligent driving 20023n/a for 2. 1= 2-3 housebreaking

10 Children aged 12 and under sentenced to prison, 1998-2003 Total no of children aged 12 sentenced to prison, 1998- 2003 : 18 children Total no of children aged 7-11 sentenced to prison, 1998- 2003: 16 children

11 Children awaiting trial in prison 1998-2003 Total number of children aged 12 awaiting trial in prison 1998-2003: 89 (Free State = 15, Mpumalanga = 0) Total number of children aged 7-11 awaiting trial in prison 1998-2003: 36 (Limpopo= 0. Mpumalanga= 0)

12 Sentenced children aged 13 years 1998-2003 Yearno 19980 19998 200017 20014 20029 20032TOTAL: 40

13 Sentenced children aged 13 years 1998-2003 Provincial figures for sentenced 13 year olds: Eastern Cape:7KZN: 10 Western Cape: 3Limpopo: 0 Northern Cape: 4North West:1 Mpumalanga: 3Free State: 5 Gauteng: 7

14 Sentenced children aged 13: sentences and offences 14 sentence details available (out of 40 children) Sentences: 0-6 months (4) 6-12 months (3) 2-3 yrs (5) 5-7 yrs(1) 10-15 years (1) Total: 14

15 Sentenced children aged 13: sentences and offences Offences (n=14, but some have multiple convictions) Housebreaking: 7 Theft (w/o housebreaking charges): 1 Robbery: 2 (one sentenced to 0-6 months) Public Violence: 1 Parole break/ Failure to attend court: 4 Assault gbh: 2 Sexual offences: 0

16 Summary: children under 14 years, 1998-2003 Children sentencedAwaiting trial Age 7,8,956 10413 11716 121889 1340184 Total: 74308

17 over 4 times more children under 14 years spend time in prison awaiting trial than serving a sentence all pre-trial detention in prisons of these children aged under 14 years are currently unlawful, and constitute wrongful detention the data provides strong evidence supporting raising the minimum age of criminal responsibility the comparison between the figures of children awaiting trial and sentenced children shows that where convictions are recorded, alternative sentences to imprisonment are employed in the majority of cases


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