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PRESENTATION ON CHILDREN IN CONFLICT WITH THE LAW-PORTFOLIO COMMITTEE FOR DCS. 10 JUNE 2008. INTRODUCTION. The Child Justice Bill (CJB) The Bill proposes important changes to the manner in which children in conflict with the law are managed and dealt with within the criminal justice system.
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PRESENTATION ON CHILDREN IN CONFLICT WITH THE LAW-PORTFOLIO COMMITTEE FOR DCS 10 JUNE 2008
INTRODUCTION The Child Justice Bill (CJB) • The Bill proposes important changes to the manner in which children in conflict with the law are managed and dealt with within the criminal justice system. • Since the conceptualization of the Bill the Department of Social Development has strived to align all its initiatives on children in conflict with the law to the requirements of the Bill. • The Department of Social Development is therefore responsible for the execution of the following functions stipulated by various legislation including the CJB. • Provision of assessments for all arrested children by probation officers -within 48hrs • Provision and funding of diversion services • Provision of alternatives for children awaiting trial • Home based supervision programmes • Provision of residential care facilities (Secure Care Facilities) • Provision of pre-trial and pre-sentence reports • Alternative sentencing options • Prevention services and programmes to strengthen existing capacity and opportunities for children • Early intervention services to prevent children entering into the Criminal Justice System
SUPPORTING LEGISLATION • The Department renders services to children in conflict with the law based on legislative mandates such as the following: • Probation Services Amendment Act,2002: • Section 4B states that any arrested child who has not been released shall be assessed by a probation officer as soon as reasonably possible, but before his orher first appearance in court in terms of section 50( l) (c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Provided that if the child has not yet been assessed when brought before the court, the court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court appearance.” • Section 4A refers to appointment of assistant probation officers and their duties • Children’s Act 38 of 2005 and the Amendment Act 41 of 2007: • Chapter 8(s) 143 (sub section 1) a-b: provision of prevention programme • (sub section 2) a-b: early intervention programmes • Chapter 13 refers to establishment of Residential Care Facilities and programmes.
MEASURES PUT IN PLACETO ENSURE THAT THE CONTACT OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED • Assessment of arrested children is conducted by Probation officers in courts, RAR and in DSD offices • Implementation of diversion programmes • Contact details are provided to all SAPS stations • Visit to SAPS holding facilities • Re-assessment of children detained in DCS facilities for alternative placement (14 day remand) • Utilization of the Home-based Supervision • Turn around strategy of children’s cases (Case flow management) • Provision of secure care facilities • Plans for building additional secure care facilities. • Advocacy programs- Preventative programs in collaboration with other stakeholders. • Participating on the awaiting trial detainees task team led by DCS toe reduce number of children in DCS facilities • Capacity building of Probation services.
MEASURES PUT IN PLACETO ENSURE THAT THE CONTACT OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED CONT… HUMAN RESOURCES Probation officers • The Department has approximately479 probation officers who are currently servicing 388 magisterial courts, 88 high courts and 299 periodical courts. Assistant Probation officers • A volunteer assistant probation officer' programme has been initiated in collaboration with Umsobomvu Youth Fund and the National Youth Service Programme to recruit and train 220 young people as Volunteer Assistant Probation Officers. • Presently 296 APO’s have been appointed to provide services to children in conflict with the law, of which 141 are youth from the VAPO project . • These young people are assisting probation officers in providing services to children in conflict with the law, especially with regard to the implementation of home-based supervision and family finding.
MEASURES PUT IN PLACETO ENSURE THAT THE CONTACT OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED CONT…. SECURE CARE FACILITIES • The department has 31 secure facilities and planned to build additional 22 facilities within the MTEF • Out of the 31 facilities nine are outsourced to NGO’s and 22 run by the department • On average 1500 to 1800 new children are admitted at these facilities on monthly basis to await trial. • In total the facilities have 2262 bed capacity and at a given time there is approximately bed space of 500. • For instance as of the 23rd May 2008, 677 bed space was available • These facilities are always not fully utilized. • The planned facilities will provide additional bed space of 1320
CHALLENGES EXPERIENCED BY DSD IN ACCOMODATING CHILDREN IN DSD FACILITIES THAN IN DCS FACILITIES Non compliance with the Interim National Protocol for the management of children awaiting trial. • The majority of arrested children are usually assessed in courts and in correctional facilities, of which they could have been assessed before appearing in court and ultimately being detained in DCS facilities. • The Criminal Procedure Act (sec 50 (sub sec 5) mandates SAPS to notify Probation officers of all arrested children for assessment purposes and placement.
CHALLENGES EXPERIENCED BY DSD IN ACCOMODATINGCHILDREN IN DSD FACILITIES THAN IN DCS FACILITIES • The Interim National Protocol for the management of children awaiting trial further states that Justice and Constitutional Development has a responsibility to notifying the Probation officer of an arrested child due to appear before court and has not been assessed. • Children are placed within DCS facilities through court order. • The court considers the seriousness of the offence and not always the recommendations of the Probation Officers when placing a child and/or considering alternative placement and diversion.
LEVEL OF SOCIAL WORK SUPPORT DSD has dedicated personnel as required by the Probation Services Act (116 of 1991) as amended in 2002 to render services to children at risk and in conflict with the law: • Prevention programmes • Early intervention services (reception, assessment and referral services, restorative justice programmes and diversion programmes). • Services to victims of crime • Statutory services • Continuum of care (supervision and after care) Diversion • Approximately 19 631 children have been diverted during the last financial year. However a more concerted effort is required to strengthen programmes and fund NGO’s who are providing these programmes as children are committing more violent crimes and sexual related offences.
CONCLUSION • The Department acknowledges the intersectoral collaboration • However if DSD is not informed of children arrested by SAPS, such children wont be assessed within 48 hours of arrest and they might end up in correctional facilities. • If children are not assessed on arrest or within 48 hours of arrest, NPA should not proceed with the case without an assessment report. • Lastly if all role players do not assume their responsibilities it impacts negatively on the way children are dealt with and some children fall through the cracks within the child justice system.
