Government-funded programmes and services for vulnerable - Unicef
Government-funded programmes and services for vulnerable - Unicef Government-funded programmes and services for vulnerable - Unicef
Department of Police, SAPS and the NPA ➔ Arresting and securing the attendance in court of a child in conflict with the law between the ages of 10–18 In terms of the Criminal Procedure Act and the Child Justice Act, xx when a child between the ages of 10 and 18 is suspected of having committed a crime, a police official must secure the child’s presence in court in one of three ways. is the preferred legislative option, is for the police official to issue the child with a written notice and, where possible, to issue the notice to the child in the presence of the child’s parent, legal guardian or appropriate adult (Gallinetti 2009). second form that may be used to inform the child that he or she has been charged and to inform him or her when to appear in court. As in the case of the written notice, it is preferable that the summons be served on the child in the presence of the child’s parent or caregiver. securing the child’s attendance is to arrest the child. However, the Act discourages Targeted beneficiaries All children suspected of having committed a crime between the ages of 10 and 18 SAPS ➔ 221
Government-funded programmes and services for vulnerable children in SA ➔ the use of arrest. It prohibits the use of arrest for schedule 1 offences (not very serious offences) unless there are compelling reasons to justify the arrest (Gallinetti 2009). In addition, if a child is arrested, the police official must: parent, guardian or appropriate adult of the arrest; officer of the arrest; arresting the child, take the child to the relevant magistrate’s court. Notes: (i) These obligations are prescribed by Act 116/1998 and are included in the ‘Commitment of SAPS to victims of domestic violence’ recorded on the SAPS website: http://www.saps.gov.za/crime_prevention/women/domestic_violence.htm. (ii) SAPS website: http://www.saps.gov.za/docs_publs/legislation/dom_violence/dom_violence.htm (iii) RAPCAN (2009) points out that children can experience domestic violence as direct recipients of the abuse or they can experience the violence vicariously. (iv) SAPS website: http://www.saps.gov.za/org_profiles/core_function_components/fcs/establish.htm (v) Section 110(4)(a)(b), Act 41/2007 (vi) SAPS website: http://www.saps.gov.za/org_profiles/core_function_components/fcs/establish.htm (vii) Section 5, National Instructions 3/2008 (viii) For further information about the right to PEP for victims of sexual offences, refer to Chapter 4. (ix) For further information about the right to apply to a magistrate for the compulsory testing of the alleged offender, refer to Chapter 12. (x) Section 28(3), Act 32/2007 (xi) Section 10, National Instructions 3/2008 (xii) Section 5, National Instructions 3/2008 (xiii) Section 28(a), Act 32/2007 (xiv) Section 3, National Instructions 3/2008 (xv) The NPA is established in terms of section 179(1) of the Constitution of the Republic of South Africa and derives its prosecuting powers from the National Prosecuting Act 32/1998. (xvi) NPA website: http://www.npa.gov.za/ReadContent412.aspx (xvii) Details of the location and contact details of Thuthuzela centres can be found on the NPA website: http//www.npa.org. za or on the UNICEF website: http://www.unicef.org/southafrica/hiv_aids_998.html (xviii) Thuthuzela: Turning Victims into Survivors, NPA, p7 (xix) Section 7(1) of the Child Justice Act 75/2008 sets the minimum age of criminal capacity at 10 years. This means that children under the age of 10 cannot be prosecuted. (xx) Criminal Procedure Act 51/1977 and the Child Justice Act 75/2008 222
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Department of Police, SAPS <strong>and</strong> the NPA<br />
➔<br />
Arresting <strong>and</strong><br />
securing the<br />
attendance<br />
in court<br />
of a child<br />
in conflict<br />
with the law<br />
between the<br />
ages of 10–18<br />
In terms of the Criminal<br />
Procedure Act <strong>and</strong> the<br />
Child Justice Act, xx<br />
when a child between<br />
the ages of 10 <strong>and</strong> 18<br />
is suspected of having<br />
committed a crime,<br />
a police official must<br />
secure the child’s<br />
presence in court in<br />
one of three ways.<br />
<br />
is the preferred<br />
legislative option,<br />
is <strong>for</strong> the police<br />
official to issue the<br />
child with a written<br />
notice <strong>and</strong>, where<br />
possible, to issue the<br />
notice to the child<br />
in the presence of<br />
the child’s parent,<br />
legal guardian or<br />
appropriate adult<br />
(Gallinetti 2009).<br />
<br />
second <strong>for</strong>m that may<br />
be used to in<strong>for</strong>m<br />
the child that he or<br />
she has been charged<br />
<strong>and</strong> to in<strong>for</strong>m him or<br />
her when to appear<br />
in court. As in the<br />
case of the written<br />
notice, it is preferable<br />
that the summons be<br />
served on the child<br />
in the presence of<br />
the child’s parent or<br />
caregiver.<br />
<br />
securing the child’s<br />
attendance is to arrest<br />
the child. However,<br />
the Act discourages<br />
Targeted beneficiaries<br />
All children suspected<br />
of having committed a<br />
crime between the ages<br />
of 10 <strong>and</strong> 18<br />
SAPS<br />
➔<br />
221
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