1. 20 February 2003 Child Justice Bill No. 49 of 2002
Department of Justice and Constitutional Development
Child Justice Bill No. 49 of 2002
Presentation to the Portfolio Committee on Justice and Constitutional Development
20 February 2003

2. Existing activities and key changes required
The cycle of events following arrest
In the current system, the general
pattern is that children are arrested
and then appear in court within 48 hours
The case is then often remanded again
and again for “further investigation”
In many cases the child remains in
custody either in a police cell or in prison

3. Child Justice Bill Preliminary Inquiry
This is a new procedure that aims to interrupt the normal cycle of events
It takes the place of the first
appearance – aims to look at the
case in some detail, to determine if it can be diverted, and if not, where the child will be placed pre-trial and
during trial

4. Child Justice Bill Diversion NPA has issued policy guidelines,
but diversion is not equally applied-
legal framework will assist.
Discussions with partners regarding standards for diversion
Audit of programmes complete, report forthcoming
Bill allows diversion through orders-
programmes not required in these
cases

5. Existing activities and key changes required
Remands by court
Current process for remands is inefficient. Statistics show that one
child was remanded 72 times
14 day remand requirement aimed at protecting children but in fact “chokes” the roll, docket constantly circulating

6. Child Justice Bill New procedure for remands
Child Justice Bill proposes that a child awaiting trial in prison be brought back to court every 30 days
Additional measure to reduce pre-trial time
– a six month limit on keeping children in custody (this does not apply to murder, rape and robbery cases)
These measures are aimed at making investigation more efficient and for trials
to be completed more speedily

7. Existing activities and key changes required
Court process
747 magistrates’ courts, children may
appear at any one. Currently no official specialisation – “juvenile courts” administrative arrangement in some urban areas
Personnel not specially selected or trained

8. Child Justice Bill Child Justice Courts
The Bill provides at clause 50 (1) (a) that any court before which a child appears for plea and trial must be regarded as a child justice court
Thus the setting up of new courts is not required

9. Existing activities and key changes required
Sentencing options
Over-utilization of imprisonment as a sentence.
The number of children being sentenced to imprisonment has risen in recent years, and children are receiving longer
sentences.
Approximately half of all children serving sentences in prison have been convicted of property crimes.
There are children aged between 7 and 14 serving prison sentences in our country, a cause for great concern.
Reform Schools – insufficient coverage

10. Child Justice Bill Sentencing Options
Community based and restorative sentencing encouraged by the Bill
Magistrates and Prosecutors need to
be aware of alternative options
Bill refers to “residential facility” which broadens the options to using other facilities besides Reform Schools

11. Existing activities and key changes required
Judicial Review
Currently any term of imprisonment of
more than 3 months (magistrate< 7 yrs) or more than 6 months (magistrate > 7 years) goes on automatic review
This has been of assistance to numerous sentenced children, and helped to set guidelines for good practice

12. Child Justice Bill Judicial Review
Bill proposes slight expansion of grounds for automatic review – any sentence involving residence
Will not place a burden on the system
11% (178) of all children in prison serving less than 6 months

13. Existing activities and key changes required
Legal Representation
Children, like adults, have the right to legal representation where substantial injustice would otherwise occur
Children whose families cannot afford
legal fees can obtain representation by
Legal Aid Board
Although % of children being represented has increased, a sample study in 2000 indicated less than 50% are appearing with legal representation

14. Child Justice Bill Legal Representation
Bill provides for state funded legal representation when child is detained, when there is a likelihood
that a sentence involving detention may result, or where child is below age of 14 years. Children
may not waive this right
Non waiver clause – categories correspond with cases where a substantial injustice would otherwise occur
No substantial cost increases expected, however, as fewer cases expected to go to trial

15. No additional personnel required
Magistrates and Prosecutors will spend
more time on preliminary inquiry but this is off-set by less time spent on trials.
Magistrates may have to recuse them-
selves, not a problem in urban areas, but elsewhere may cause travel and subsistence costs, and these have been factored in.

16. Training
Court personnel will need to be trained regarding the new procedures
Development of training materials is underway, general awareness raising has already taken place
Donor funding available for the finalisation of training materials once Bill is passed as well as for the actual training process

17. New Infrastructure The Bill empowers the Minister to establish
One Stop Child Justice Centres
Two such centres already exist and an inter-
sectoral planning process for the roll out of
these centres as a best practice is underway
Additional funds requested for this purpose
were allocated by Treasury. This amount, as
well as the current use of roll over funds and donor support place the department in a strong position to ensure that there is at least one One Stop Child Justice Centre in every province by the end of 2005.

18. Monitoring
The Bill provides for “regulation regarding procedures to be put in place to monitor
and assess the proper application and compliance with this Act.”
The Department, with the Inter-sectoral Committee on Child Justice, has already begun to plan for structures and procedures for monitoring. Money has been allocated in the department’s budget to assist with this process and there is also donor funding earmarked for this purpose

19. Conclusion
The Department of Justice and Constitutional Development and the National Prosecuting Authority are committed to improving service delivery for children in the criminal justice system.
Whilst legislation is only one aspect of this, the Child Justice Bill offers a sound framework for service delivery that is efficient and effective, whilst also protecting children and balancing their rights and needs with the interests of society as a whole.