TABLE OF CONTENT

1. DCS Presentation to the Portfolio Committee of Justice and Constitutional Development: Implementation of the Child Justice Act : 23 February 2010

2. TABLE OF CONTENT • Overview of children in DCS facilities • Obligation of DCS • Programmes: ATD children • Current Developments • Challenges • Recommendations

3. 1. Overview of Children in DCS facilities

4. Average number of ATD Children for the age 14 – 16 years

5. Average number of ATD Children in Custody per Region: December 2009

6. ATD Children in terms of Crime Categories

7. Average active ATD Children with and Without Bail: October 09 to December 09

8. 2. OBLIGATIONS OF DCS (a) Section 30 (1) of the Child Justice Act, No. 75 of 2008 provides that a “presiding officer may only order the detention of a child in a specified prison if: • an application for bail has been postponed or refused or bail has been granted but one or more conditions have not been complied with; • the child is 14 years or older; • the child is accused of having committed an offence referred to schedule 3; • the detention is necessary in the interests of the administration of justice or the safety or protection of the public or the child or another child in detention; and (v) there is likelihood that the child, if convicted, could be sentenced to imprisonment.”

9. 2. OBLIGATIONS OF DCS cont (b) The probation officer’s assessment report must be considered by the presiding officer before a child is placed in a correctional centre. Where there is an error in placing the child in a correctional centre, the child must be referred back to court during the next court appearance to correct it. (c) Restorative Justice sentences may be imposed to a child in terms of section 73(2). A period of incarceration is used as a last resort and only for the shortest period of time (Section 69(1)(e) of the Act. (d) No law or sentence of imprisonment imposed on a child, including a sentence of life imprisonment may directly or indirectly, deny, restrict or limit the possibility of earlier release of a child sentenced to any term of imprisonment.

10. 2. OBLIGATIONS OF DCS cont • Section 97(8) of the Act The National Commissioner of Correctional Services must develop training courses to ensure that all officials are able to deal with child justice in an appropriate, efficient and sensitive matter.

11. 3. PROGRAMMES: ATD CHILDREN • All programme requirements fall under DSD. • DCS only provides the following: - Health Services - Crisis intervention by Psychologists and Social Workers • Officials working with ATD children have been conscientized on the implementation of the Child Justice Act.

12. 4. CURRENT DEVELOPMENTS A monitoring tool is in place to manage the following:- • Placement of ATD children under Correctional Supervision ito Section 71 of the Criminal Procedure Act • Referral of children to Secure Care Facilities • Ensuring that children with bail option are diverted before entering into correctional centres.

13. 5. CHALLENGES • DCS maintains that the correctional centres are not ideally suited for the rehabilitation of children, however those who are already in the facilities will be taken care of. • The Department is cognisant of the fact that children below the age of 14 are in a crucial stage with regard to personal development. 6. RECOMMENDATIONS • DSD be responsible for services/programmes rendered to children Awaiting Trial. • DSD to establish facilities to accommodate risks posed by all categories of children. • Funding for facilities be ring-fenced.

14. Business Unusual: all hands on deck to detain, rehabilitate and reintegrate offenders for a safer South Africa