2. Submission on the Child Justice Bill
Lukas Muntingh
5 January 2008

3. Introduction Written submission deal with a number of issues:
Research, information and monitoring of child justice
Children in police custody
Children in prison
Sentencing of children
Legal representation of children
Parole for children sentenced to imprisonment
Oral submission:

4. Research, monitoring and information
Lack of accurate, accessible, comprehensive and detailed information is an old problem (1990s); DCS is only department with good information.
Why are statistics needed?
Promote transparency
Promotes accountability
Informs development and review of policy and legislation
Needed by the CRC (General Comment No.10)
Clause 95(2)(c) has right intentions but not sufficiently detailed
Amend clause 95(2)(c) to provide for the development of data collection systems to be in line with UNICEF indicators and meet reporting requirements of CRC

5. Children in prison
Children in prison has been a persistent problem since early 1990s; number have fluctuated greatly
Principle: measure of last resort & shortest possible period
Explore all other options first
Current situation
No children under 14 years of age as unsentenced prisoners, but no age limit for sentenced children
No limit on duration of period of detention or length of sentence
Profile: approx 2100 in custody
Sentence status
Age
Offence

6. Profile of children in prison: sentenced and unsentenced

7. Profile of children in prison: Age

8. Profile of children in prison: under and over 16 yrs of age

9. Profile of children in prison: offence profile of children under 16 yrs

10. Profile of children in prison: Sentence status of under 16 year old children

11. Availability of alternative secure care: Current utilisation of secure care facilities

12. Conclusion
Submit that the minimum age of admission to a prison as sentenced or unsentenced prisoner be raised to 16 years of age without qualification.
Such young children are extremely vulnerable; Important to prevent victimisation, sexual violence & recruitment into gangs; A prison is no place for such young children. Counter to ‘measure of last resort’ principle.
Ensure access to more appropriate service to children which DCS is not providing
In line with DCS policy in White Paper
There is a low number of these children; the majority are unsentenced; there is available space in secure care facilities
If child under 16 yrs does receive lengthy prison sentence, start serving sentence at secure care facility and then transfer to DCS facility.