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Presentation on the National Instruction on Children in Conflict with the Law

Presentation on the National Instruction on Children in Conflict with the Law. Section 97(5) of the Act. The National Commissioner must, after consultation with DG’s of Social Development, Justice, Education and Correctional Services, issue National Instructions regulating –

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Presentation on the National Instruction on Children in Conflict with the Law

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  1. Presentation on the National Instruction on Children in Conflict with the Law

  2. Section 97(5) of the Act • The National Commissioner must, after consultation with DG’s of Social Development, Justice, Education and Correctional Services, issue National Instructions regulating – • the attendance of and assistance by a parent, guardian or appropriate adult when child makes a confession or admission, during a pointing-out or an Id-parade; • the arrest of a child (including what constitutes compelling reasons to arrest in the case of a Schedule 1 offence); • the service of a summons;

  3. Section 97(5) of the Act (cont) • the issuing of a written notice by a member in the case of a Schedule 1 offence; • the protection of children detained in police custody; • the treatment and conditions of children while in detention in a police cell; • the locating of a parent, appropriate adult or guardian; and • the manner in which police officials must furnish a report in respect of cases where a child could not be released after being arrested for a Schedule 1 offence

  4. National Instruction • A National Instruction was drafted and tabled in Parliament on 26 March 2010 as required by section 97(5) of the Act • The Instruction was issued as an Interim National Instruction and came into operation on 1 April 2010 • The SAPS forms referred to in the Instruction are electronically available at every police station to be printed as and when the need arises • The Instruction will now be dealt with in more detail

  5. Par 3: Treatment of Children • Principles: • Children are different from adults and must be treated differently; • Member likely to be first member of criminal justice system in contact with child: interaction with member sets tone on manner how the child responds; • Member must be aware that child may be overwhelmed and scared and be patient with child, without humiliating or intimidating the child; and • Arrest must be a last resort and for the shortest possible time.

  6. Responsibilities: station commander • Agree with designated probation officer on the manner how to notify the probation officer of a child in conflict with the law and the procedure to be followed if contact cannot be established. • Ensure the availability in the Community Service Centre of a copy of the – • Act • Regulations in terms of the Act; • National Instruction; • Station orders; and • process agreed upon with the designated probation officer

  7. Par 7: Child below 10 years • The member MUST NOT arrest the child. • Hand SAPS 583(a) and child over to parent or guardian, if available. • If no parent or guardian is available, find an appropriate adult, and hand over the child and the SAPS 583(a). • Otherwise, child must be taken to Child and Youth Care Centre. • Designated probation officer must receive first duplicate original of SAPS 583(a)

  8. Par 8: Child older than 10 years • The child may not be arrested unless there are compelling reasons justifying the arrest • Compelling reasons are: • Where the member has reason to believe that the child - • does not have a fixed address; • has absconded from foster care, a child and youth care centre etc; • will continue to commit offences, unless he/she is arrested • will pose a danger to any person unless arrested; • will destroy or tamper with evidence in respect of the offence; • will interfere with the investigation into the offence unless arrested; or • Where the offence is in progress and not yet completed

  9. Par 9: Child 10 years or older (Schedule 1) if no compelling reason to arrest • The Child MAY NOT be arrested. • If parent or guardian is present, explain content of SAPS 583(b) and hand original over to child and hand child over to parent or guardian, if available. • If no parent or guardian is available, find an appropriate adult, and hand over. • Otherwise, child must be taken to Child and Youth Care Centre. • Designated probation officer must receive first duplicate original of SAPS 583(b).

  10. Par 10: Child 10 years or older if there are compelling reasons to arrest (Schedule 1) • The child MAY be arrested • The child must be informed – • of his/her constitutional rights; and • that he/she will be assessed by a probation officer. • The child must be taken to a police station. • Consideration must be given to release the child, if release is possible, the child must be handed to the parent, guardian, etc. after having explained the content of SAPS 583(b) • Designated probation officer must receive first duplicate original of SAPS 583(b)

  11. Par 10: Child 10 years or older if there are compelling reasons to arrest (Schedule 1) (Cont) • If child must remain in detention - • the parent, guardian or appropriate adult must be informed (SAPS 583(j)); • Written report (SAPS 583(c)) must be completed and submitted to the presiding officer; • Designated probation officer must receive first duplicate original of SAPS 583(j); • if Child and Youth Care Centre is available within reasonable distance from the station and there is a vacancy, child must be detained there; • if child and youth care centre is not available within reasonable distance from the station or there is no vacancy, child must remain in police custody

  12. Par 12: Child 10 years or older (Schedule 2) • Consider same grounds as compelling reasons (contained in par 8) to decide whether to arrest or not • If the child is not arrested, proceed to open docket, have it investigated and obtain a summons to secure his/her attendance at preliminary inquiry. • If the child is arrested, – • the child must be informed - • of his/her constitutional rights; and • that he/she will be assessed by a probation officer. • the parent, guardian or appropriate adult must be informed (SAPS 583(j)) and designated probation officer must receive first duplicate original of SAPS 583(j); • and a Child and Youth Care Centre is available within reasonable distance from the station and there is a vacancy, child must be detained there; • if child and youth care centre is not available within reasonable distance from the station or there is no vacancy, child must remain in police custody

  13. Par 13 and 14: Child 10 years or older (Schedule 3) • Consider same grounds as compelling reasons (contained in par 8) to decide whether to arrest or not • If the child is not arrested, proceed to open docket, have it investigated and obtain a summons to secure his/her attendance at preliminary inquiry. • If the child is arrested, – • the child must be informed - • of his/her constitutional rights; and • that he/she will be assessed by a probation officer. • the parent, guardian or appropriate adult must be informed (SAPS 583(j)) and designated probation officer must receive first duplicate original of SAPS 583(j); • and between 10-14 years and child and youth care centre is available within reasonable distance from the station and there is a vacancy, child must be detained there, or in a police cell; • and between 14-18 years, the child must remain in police custody.

  14. Par 17: Summons • Alternative measure to secure attendance of child at preliminary inquiry • The summons must be served at least 10 working days before the preliminary inquiry • Procedure set out that member must follow to serve summons: • explain the content of the summons to the child and parent, guardian or appropriate adult; • hand the original summons to the child in the presence of the parent, guardian or appropriate adult; and • provide copy of the summons to the designated probation officer.

  15. Conditions of detention • The child must be detained - • separately from adults and separately from the opposite sex; • in conditions which take into account his or her vulnerability and which will reduce the risk of harm; • and permitted visits by the parent, guardian, lawyer, social worker, etc; and • in a manner consistent with his or her special needs, including health care and food

  16. Transportation of children • If a child is transported in a police vehicle, he or she must, as far as reasonably possible, be transported – • in an unmarked sedan, or if it is not possible, in a marked sedan. If the child is transported in a marked police van, the child must be transported in the cabin and not in the back; and • separately from adults. • If a child is transported with an adult, a SAPS 583(g) must be completed and submitted to the presiding officer.

  17. Par 20-23: Confession, Admission, Pointing-out and Identity parade involving a child • The child must be informed that he/she is entitled to be assisted by a parent, guardian or appropriate adult • Procedure to be followed include proper recordkeeping of steps taken to ensure compliance

  18. Par 24: Receiving report that a child was used by an adult to commit a crime • Offence created by sec 141(1)(d) read with sec 305(1)(c) of the Children’s Act • Duty on court official and probation officer to report such information to a member • Procedure to be followed by member to whom such information is reported

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