Child Justice Act

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This programme covers the Child Justice Act as amended in 2022. It covers the following topics: age groups, criminal capacity, arrests, preliminary enquiries, incarceration and legal representation of children.

This training programme is recommended for criminal justice practitioners working with children.

SESSION TOPIC

OUTCOMES

The Basics of the Child Justice Act
  • Understand what the CJA is, and why it was developed. 

Age Groups and Criminal Capacity
  • What are the age groups of the amended CJA?
  • Apply knowledge to case studies. 

Schedule  of Offences
  • List and describe the schedules of offences.

The Process
  • Understand and describe the different stages of children in conflict with the law, in terms of the CJA. 

Arrest
  • Understand the different requirements for children of different ages from the perspective of the SAPS when making an arrest.

Pre-Trial Assessment
  • Understand what an assessment is, and what its purpose is
  • Identify which children in conflict with the law are required to have an assessment.
  • Explain the requirements places upon the SAPS’s regarding assessments
  • Explain when an assessment must take place
  • Describe the conditions for requiring a more detailed assessment

The Preliminary Inquiry
  • Explain what a preliminary inquiry is, and what its purpose is.
  • Identify which children in conflict with the law are required to have a preliminary inquiry.
  • Identify which role-players attend a preliminary inquiry.
  • Explain the timeframes during which a preliminary inquiry is required to be held.
  • Describe the orders that can be made at a preliminary inquiry.
  • List the duties of the inquiry magistrate at the preliminary inquiry. 

Diversion
  • Describe what diversion is and what its purpose is.
  • Identify the role-players who can grant a diversion order.
  • List and describe the diversion levels.
  • Describe how diversion orders ate monitored.
  • Explain what happens if a child does not comply with their diversion order.
  • Explain the purpose of the diversion register.

Sentencing Options
  • List and describe the sentencing options available to child in conflict with the law.
  • Explain the purpose of the pre-sentence report.
  • Explain how imprisonment may and may not be used with children in conflict with the law. 

Legal Representation
  • Explain the requirements of legal representative for children in conflict with the law.
  • Describe the duties of the child’s legal representative.
  • Describe the duties of the presiding judicial officer in relation to the legal representation of a child in conflict with the law. 

Expungement of Records
  • Explain what expungement is.
  • Explain how the expungements of records applies to the CJA.
  • Describe the process of record expungement.
  • Explain how diversion orders are expunged. 

SAPS National Instructions
  • Understand what the SAPS National Instructions cover with regards to the CJA. 

Oversight: the national and provincial committees
  • Name and explain the responsibilities of the national and provincial committees for the implementation of the CJA. 

Child Justice Act Programme Readings