Briefing to Parliamentary Portfolio Committee: Justice & Constitutional Development

1. Briefing to Parliamentary Portfolio Committee: Justice & Constitutional Development Legal Aid Board Child Justice Bill Implementation presented by Patrick Hundermark LDE – Legal Aid Board 11 March 2008 Child Justice Bill

2. Overview of Presentation • Legal Aid Board Child Justice Bill Implementation • Introduction • Methodology • Current Case Load • Comparison with DOJ Statistics • Existing Child Justice Units/Practitioners • Profile of Child Justice Practitioners • LAB Staffing Requirements • Summary of Additional Staff Capacity • 9. Financial Implications • 10. Conclusion Child Justice Bill

3. The Legal Aid Board: Child Justice Bill Implementation Child Justice Bill

4. Introduction • LAB welcomes the Child Justice Bill as it gives protection to children in conflict with the law • LAB already submitted comments on the Bill – Will not deal with these • LAB welcomes provisions of chapter 10 and undertakes to assist in the legal representation of children in conflict with the law • Certain categories of children can not waive legal representation • Intention of presentation is to clarify how the LAB intends to implement the provisions of chapter 10 and the additional financial implications of such implementation Annual Report 2006/07

5. Methodology • Look at the LAB’s current case load in terms of Child Justice matters • Compare this to the actual demand based on DOJ statistics • Quantify the additional number of cases in which the LAB would have to grant legal representation to represent all children in conflict with the law • Deal with LAB’s current dedicated Child Justice Practitioners and current dedicated Child Justice Units. • Finally consideration will be given to the additional resources required by the LAB will need to implement the Child Justice Bill Child Justice Bill

6. Current caseload • During April 2007-January 2008 the LAB represented 34 494 children in conflict with the law aged between 10 and 17 • In addition LAB represented a further 247 under the age of 10 years (0.07%) • Clause 83 categories: • 1 879 (5.4%) were aged between 10 and 13 • 732 (2.1%) were aged 14 or 15 and were in custody • Our statistics currently do not distinguish between children in custody in a place of safety and in custody in a prison Child Justice Bill

7. Current caseload Contd • Above statistics are for a ten month period • The following are our estimate of the statistics over a 12 month period:- • Children represented (Ages 10 and 17) 41 393 • Children (Ages 10 and 13) 2 255 • Children (Ages14 and 15 in custody) 75 • Children (Section 77 Sentence) 83 Annual Report 2006/07

8. Comparison with DOJ statistics • According to the Annual Report of the DOJ (2006/07) there was a total of 49 810 accused persons below the age of 18 • We have assumed that this figure will remain constant in 2007/08 • We have assume, as per the LAB Statistics, that 0.07% (35) of these children were under the age of 10 • Therefore it is assumed that the total number of children aged between 10 and 17 was 49 775 Child Justice Bill

9. Comparison with DOJ statistics • LAB currently represents 83% of Children in conflict with the Law • The number of unrepresented children is estimated at 8 382 • LAB will have to implement plans to represent these children • The LAB will require additional funding to achieve this Annual Report 2006/07

10. Child Justice Units / Practitioners • LAB has attorneys dedicated to child justice matters at 17 of its 59 Justice Centres • As at 31 January 2008 all posts were filled except Polokwane JC • 34% of Justice Centres have dedicated children practitioners • Child justice matters are also done at the other 42 Justice Centres where the needs of children are addressed by the practitioners that are allocated to the criminal courts where children appear Child Justice Bill

11. Child Justice Units / Practitioners • Dedicated children practitioners are set a target of 150 cases per year • For the 17 Practitioners this totals 2 975 cases per annum • The children practitioners received 3 227 cases out of 34 494 • The children practitioners exceeded their target by 8.5% • The remainder of the cases are being completed by other staff in the normal course of their duties • This translates to 259 practitioners dedicated full time to deal with the child justice matters but LAB practitioners who are allocated to a court will assist a child who appears in that practitioners allocated court • The work load is spread amongst all the LAB practitioners who need specialised training Annual Report 2006/07

12. Profile of Child Justice Practitioner • Required to have at least 5 years post admission experience as well as experience in the representation of children • Provide support to neighbouring Justice Centres • Practitioners have specialised training • The question has arisen during ISCCJ meetings as to whether candidate attorneys will be permitted to represent children in conflict with the law • If a child appears in a district court allocated to an LAB Candidate Attorney the services will be rendered by the Candidate Attorney allocated to that particular court Child Justice Bill

13. Profile of Child Justice Practitioner • LAB candidate attorneys deal with 47% of the total child justice matters • If Candidate Attorneys are not be permitted to appear then LAB will require an additional 130 dedicated child justice practitioners • Also imperative to create dedicated child justice courts in each district where the dedicated child justice practitioners can link to children in conflict with the law • In the absence of such additional dedicated child justice practitioners and dedicated child justice courts candidate attorneys will of necessity have to render the services • The LAB holds the view that more experienced practitioners should represent children and it accordingly supports the proposal that CA’s should not appear in child justice matters and that these should be done by admitted attorneys/advocates Annual Report 2006/07

14. LAB Staffing Requirements • The LAB will need to appoint sufficient practitioners to represent all children in conflict with the law • Each practitioner will have a target of 150 new cases per annum • There are 8 382 cases where legal representation is still required • Calculated at a rate of 150 cases per practitioner per annum 56 new child justice practitioners will be needed • If the candidate attorneys are excluded from representing children then an additional 130 new child justice practitioners will be required • In addition Supervisory Attorneys (1 for every 7 new practitioners) • Administrative Support Staff (1 for every 5 new Practitioners) are required Child Justice Bill

15. Additional Staff Capacity In accordance with what is set out above the LAB will need the following additional staffing capacity during the 2008/09 financial year: Child Justice Bill

16. Financial Implications Child Justice Bill

17. Conclusion The total estimated cost to the LAB of implementing the Act during the 2008/09 financial year will therefore be R 30 022 282, 00 if the CA’s are retained altenatively R 94 370 178, 00 if the CA’s are replaced by admitted legal practitioners Child Justice Bill