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Data on children in prison

Data on children in prison. Prepared by Prof J Sloth Nielsen for The Portfolio Committee on Justice and Constitutional Development. Statistical data from the last 5 years: sentenced children under 14 yrs. Year Age Offence ctgry sentence 2000 7 n/a n/a 2002 7 n/a n/a.

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Data on children in prison

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  1. Data on children in prison Prepared by Prof J Sloth Nielsen for The Portfolio Committee on Justice and Constitutional Development

  2. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age Offence ctgry sentence 2000 7 n/a n/a 2002 7 n/a n/a

  3. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age Offence ctgry sentence 1998 8 N/A n/a 2001 8 Economic (housebreaking 6-12 months theft, parole break)

  4. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age Offence ctgry sentence 2001 9 aggressive (malicious 0-6 mths damage to property)

  5. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age Offence ctgry sentence 1999 10 n/a n/a 2000 10 n/a n/a 2000 10 economic 0-6 mths (housebreaking) 2001 10 n/a n/a

  6. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age=11 Offence ctgry/ sentence 1998 5 children n/a 1999 0 2000 1 child n/a 2001 1 n/a 2002 0 NB: two girls, one in 1998 (Northern Cape) and one in 2001(Limpopo)

  7. Summary : sentenced children under 12 years 1998-2003 Age No in five years 7 2 8 2 9 1 10 4 11 7 Total 16

  8. Comparison: awaiting trial children under 12 in prisons 1998-2003 Age no of children Offence 7 1 n/a 8 4 n/a 9 2 H/breaking, n/a 10 13 12 n/a, 1 murder 11 16 12 n/a, malicious damage to property, 2 x h/breaking, 1 escape/attempted escape total 36

  9. Statistical data from the last 5 years: sentenced children under 14 yrs Year Age of 12 sentence 1998 2 children n/a 1999 6 children n/a for 5. 1 = 2-3 years, aggressive 2000 0 2001 7 n/a for 6. 1= 0-6 months for reckless/negligent driving 2002 3 n/a for 2. 1= 2-3 housebreaking

  10. Children aged 12 and under sentenced to prison, 1998-2003 Total no of children aged 12 sentenced to prison, 1998-2003 : 18 children Total no of children aged 7-11 sentenced to prison, 1998-2003: 16 children

  11. Children awaiting trial in prison 1998-2003 Total number of children aged 12 awaiting trial in prison 1998-2003: 89 (Free State = 15, Mpumalanga = 0) Total number of children aged 7-11 awaiting trial in prison 1998-2003: 36 (Limpopo= 0. Mpumalanga= 0)

  12. Sentenced children aged 13 years 1998-2003 Year no 1998 0 1999 8 2000 17 2001 4 2002 9 2003 2 TOTAL: 40

  13. Sentenced children aged 13 years 1998-2003 Provincial figures for sentenced 13 year olds: Eastern Cape: 7 KZN: 10 Western Cape: 3 Limpopo: 0 Northern Cape: 4 North West:1 Mpumalanga: 3 Free State: 5 Gauteng: 7

  14. Sentenced children aged 13: sentences and offences 14 sentence details available (out of 40 children) Sentences: 0-6 months (4) 6-12 months (3) 2-3 yrs (5) 5-7 yrs (1) 10-15 years (1) Total: 14

  15. Sentenced children aged 13: sentences and offences Offences (n=14, but some have multiple convictions) Housebreaking: 7 Theft (w/o housebreaking charges): 1 Robbery: 2 (one sentenced to 0-6 months) Public Violence: 1 Parole break/ Failure to attend court: 4 Assault gbh: 2 Sexual offences: 0

  16. Summary: children under 14 years, 1998-2003 Children sentenced Awaiting trial Age 7,8,9 5 6 10 4 13 11 7 16 12 18 89 13 40 184 Total: 74 308

  17. over 4 times more children under 14 years spend time in prison awaiting trial than serving a sentence • all pre-trial detention in prisons of these children aged under 14 years are currently unlawful, and constitute wrongful detention • the data provides strong evidence supporting raising the minimum age of criminal responsibility • the comparison between the figures of children awaiting trial and sentenced children shows that where convictions are recorded, alternative sentences to imprisonment are employed in the majority of cases

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