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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 09 June 2008

PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON MATTERS RELATED TO THE PRIORITISATION OF CHILDREN IN CONFLICT WITH THE LAW AND CUSTODY OF CHILDREN UNDER 18. DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 09 June 2008. Requests from the Portfolio Committee :.

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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 09 June 2008

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  1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON MATTERS RELATED TO THE PRIORITISATION OF CHILDREN IN CONFLICT WITH THE LAW AND CUSTODY OF CHILDREN UNDER 18 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 09 June 2008

  2. Requests from the Portfolio Committee: • The Department’s efforts to: - • sensitise magistrates and judges to the specific needs of children in conflict with the law; and • the necessity of diverting children rather than sentencing them to imprisonment • Measures put in place to ensure that cases involving child offenders are prioritised

  3. SENSITISATION OF MAGISTRATES • Justice College includes restorative justice in its curriculum for training magistrates and the Child Law Manual, • In addition • Workshops on Restorative Justice, Diversion Alternative Sentences conducted during 2005/6 and 2006/7 attended by approx 380 magistrates in the 9 provinces including Regional Court Magistrates • Bench Book for Magistrates

  4. SENSITISATION OF MAGISTRATES • The Lower Court Management Committee (LCMC) of the Judiciary, has published a Circular to all Magistrates via the Magistrates’ Commission, to fast-track and prioritise children’s cases and to use imprisonment as a measure of last resort, where possible

  5. DIVERSION • Numbers of diversions by the National Prosecuting Authority has increased by 20% every year from 2003/04 • The NPA has promoted diversion for Children where-ever possible and has published and trained on prosecutorial guidelines in this regard • The NPA has further established a Children Awaiting Trial Project, to encourage fast-tracking and prioritization of children’s cases • This includes inter alia, the establishment of Case Review Task Teams on local level, under the lead of the Director of Public Prosecutions in each province, to ensure that the dockets are ready for trial and follow-up outstanding issues regularly

  6. Prioritisation of children’s cases: • Time policy for handling children’s cases, agreed upon and implemented: • 3 – 6 months for children in District Court-cases; • 6 – 9 months for children in Regional Court-cases; • 9 – 12 months for children in High Court-cases • Continuous focus has led to a reduction of children awaiting trial in correctional facilities, by 50% during past five (5) years • Only 28% of children await trial longer than 3 – 6 months, usually for most serious and violent crimes

  7. Reasons for children awaiting trial in correctional facilities: • Multiple charges • Children accused with adults • Serious and violent crimes • Dysfunctional families • Lack of secure facilities

  8. Sentenced children • The numbers of children sentenced to direct imprisonment, has decreased by 40% during the past five years • The numbers of children sentenced to parole and community corrections, have increased during the past few years • Development of Non-custodial Sanctions: • Piloting programs in 5 Magisterial Districts during 2008/09 • Randburg, Gauteng; East London, Eastern Cape; Bellville, Western Cape; Kimberley, Northern Cape; and Odi, North-West

  9. Present initiatives continued: • The Interim National Protocol for the Management of Children Awaiting Trial, applies whilst the Child Justice Bill is being deliberated upon by the Portfolio Committee on Justice and Constitutional Development.

  10. Monitoring structures:Inter-Sectoral Committee on Child Justice • The ISCCJ was mandated to inter-sectorally implement the new child justice system and promote inter-sectoral collaboration on children in conflict with the law • Government departments • NGOS • C9s

  11. ISCCJ Sub Committee • Children Awaiting Trial Committee • to monitor case cycle times for the finalization of children’s cases, • to track children and ensure that they spend the least amount of time awaiting trial • Child Justice Information Management Committee • to establish a co-ordinated database and electronic tracking system for children. • Provincial Child Justice Fora

  12. Current Legislation • Criminal Procedure Act • Limited in terms of diversion –currently policy of NPA • Limited non-custodial sanctions • Child Justice Bill • Legislate Restorative Justice which includes diversion and options for non-custodial sanctions

  13. Challenges • Restorative Justice still a novel concept and is applied cautiously by officials within the criminal justice system • Promoting this principle will lead to larger numbers of children being managed either through diversion or non-custodial sanctions • This will reduce the burden on placing children in facilities and institutions and rather place them in programmes that are better placed in communities

  14. DOJ&CD Questions? THANK YOU

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