SESSION TOPIC
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OUTCOMES
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The Basics of the Child Justice Act
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- Understand what the CJA is, and why it was developed.
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Age Groups and Criminal Capacity
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- What are the age groups of the amended CJA?
- Apply knowledge to case studies.
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Schedule of Offences
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- List and describe the schedules of offences.
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The Process
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- Understand and describe the different stages of children in conflict with the law, in terms of the CJA.
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Arrest
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- Understand the different requirements for children of different ages from the perspective of the SAPS when making an arrest.
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Pre-Trial Assessment
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- 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
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The Preliminary Inquiry
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- 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.
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Diversion
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- 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.
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Sentencing Options
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- 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.
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Legal Representation
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- 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.
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Expungement of Records
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- 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.
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SAPS National Instructions
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- Understand what the SAPS National Instructions cover with regards to the CJA.
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Oversight: the national and provincial committees
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- Name and explain the responsibilities of the national and provincial committees for the implementation of the CJA.
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