Government-funded programmes and services for vulnerable - Unicef

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Department of Justice and Constitutional Development ➔ The three procedures that the court may, on application, permit are: witness under the age of 18 to testify outside of the courtroom via a third person (intermediary). The child is linked to the courtroom via closed circuit television and testifies through the intermediary; vii (or adult) to testify directly via closed circuit television without an intermediary; viii under the age of 18, the court may order the hearing to be held in camera. This means that no other person, other than the child witness/ victim and his or her parents/guardian may be present during the court proceedings. ix These provisions potentially protect the child from enduring further psychological stress caused by testifying in front of the accused and can protect the child’s rights to privacy and dignity (Waterhouse 2008). ➔ 231
Government-funded programmes and services for vulnerable children in SA ➔ Programmes/services for children in conflict with the law The criminal capacity of children aged between 10 and 14 must be determined by the presiding officer, based on a probation officer’s assessment Once a child between the ages of 10 and 14 has been arrested and referred to a probation officer by a police official, the probation officer must make an assessment of the criminal capacity of the child and make recommendations to the court regarding the child’s criminal capacity. x The presiding officer of the child justice court must make a ruling on the child’s criminal capacity, having regard to the probation officer’s report. Targeted beneficiaries Children between the ages of 10 and 14 who have committed a crime and who lack criminal capacity (based on an assessment of factors such as their educational level, their cognitive ability, their domestic and environmental circumstances, their age and maturity) The presiding officer is the inquiry magistrate or judicial officer presiding at the child justice court. A ‘child justice court’ means any court dealing with a bail application, plea, trial or sentencing of a child. The child justice court is not a separate court. It is any court that deals with a child accused of committing a crime and which applies the Child Justice Act to the case at hand (Gallinetti 2009). The child may be diverted by the prosecutor or the magistrate before the trial, or during the trial in the child justice court ‘One of the main principles of the Act is to minimise children’s contact with the criminal justice system, and to use detention only as a measure of last resort and for the shortest appropriate period of time.’ xi Diversion is a key intervention provided for by the Act to realise this objective. Diversion involves ‘the referral of cases away from the formal criminal court procedures’ (Gallinetti 2009: 66). Targeted beneficiaries Children aged 10–18 accused of committing a crime The prosecutor or the magistrate presiding over a preliminary inquiry or the presiding officer of the child justice court ➔ 232
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ACKNOWLEDGEMENTS The US National In
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PCR PEP PMTCT SAPS SASSA TB UNCRC U
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Government-funded programmes and services for vulnerable - Unicef

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