Government-funded programmes and services for vulnerable - Unicef

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Department of Justice and Constitutional Development ➔ Sentencing ‘The Act creates an effective sentencing framework for children to give effect to the constitutional mandate that detention of children should be a last resort and for the shortest appropriate period of time.’ xiii Targeted beneficiaries Children aged 10–18 convicted of a crime The presiding officer decides on the appropriate sentence, but must do so after having considered the probation officer’s pre-sentence report, which must make a recommendation regarding sentencing. xiv The Child Justice Act provides a number of sentence options for children that are found guilty of committing a crime, including: sentences, including diversion options; sentences; supervision for children older than 14 (which involves a period of imprisonment). Children under the age of 14 may not be imprisoned; sentences; and youth care centre or prison. ➔ 235
Government-funded programmes and services for vulnerable children in SA ➔ One-Stop Child Justice Centres The Child Justice Act makes provision for the establishment of these centres. The intention is that these centres will bring all services required by a child in conflict with the law under one roof. They have not yet been established and will have to be incrementally realised in accordance with funding constraints and available resources. xv Targeted beneficiaries Children in conflict with the law Centres are to be managed by a committee of senior officials from the DoJCD, DoSD, DCS, SAPS, Legal Aid South Africa and any other relevant organ of state and must be resourced and serviced by those departments. xvi Notes: (i) Section 45, Children’s Act. The orders that the Children’s Court may make in terms of the Children’s Act are more expansive than the orders it was able to make in terms of the Child Care Act. The orders it was authorised to make in terms of the Child Care Act were limited to placement orders in alternative care, orders for the removal and temporary detention of a child, a contribution order, and an adoption order. This jurisdiction is increased by the Children’s Act to include: the holding of inquiries and issuing of the range of orders listed above for children in need of care and protection, plus a range of orders for children who are not necessarily in need of care and protection, relating to parental rights and responsibilities, parenting plans, care and contact, paternity of a child, support of a child, and consent to medical treatment or operations. (ii) Section 46, Children’s Act (iii) Section 42, Children’s Act (iv) In the past, the magistrate presiding over a matter in terms of the current Child Care Act was called a ‘commissioner of child welfare’. Since the Children’s Act became operational, they are called ‘presiding officers’. (v) SAPS website:http//www.saps.gov.za/crime_prevention/women/domestic_violence.htm (vi) RAPCAN (2009) points out that children can experience domestic violence as direct recipients of the abuse or they can experience the violence vicariously. (vii) Section 170A, Criminal Procedure Act (viii) Section 158, Criminal Procedure Act (ix) Section 153, Criminal Procedure Act (x) Section 40(1)(f), Child Justice Act (xi) National Policy Framework for Child Justice, 2010: 4 (xii) Section 53, Child Justice Act (xiii) National Policy Framework, 2010: 11 (xiv) Section 71(1), Child Justice Act (xv) National Policy Framework, 2010: 13 (xvi) National Policy Framework, 2010: 13 Some key policy and service delivery gaps Children and the juvenile justice system An integrated system for collecting and managing data on children’s contact with the juvenile justice system is lacking in South Africa (Presidency 2009: 117). Remedying this deficiency is prioritised by the National Policy Framework for the Child Justice Act, which includes guidelines for the establishment of an integrated information management system to ‘enable effective monitoring, analysis of trends and interventions, to map the flow of children through the child justice system and to provide quantitative and qualitative data’ (DoJCD 2010: 7). The data that are available, albeit insufficient, do indicate that 236
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Government-funded programmes and services for vulnerable - Unicef

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