Republic of South Africa (From International Handbook on Juvenile Justice, P 286-300, 1996, Donald J Shoemaker, ed. -- See NCJ-164965)

• NCJ Number: 164983
• Author(s): H Conradie
• Date Published: 1996
• Length: 15 pages
• Sale Source: Greenwood Publishing Group
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America

Annotation

This overview of South Africa's juvenile justice system presents a historical review and describes the code list of crimes, juvenile courts, children's courts, child care schools, reform schools, clinic schools, and prisons.

Abstract

Under South African law, a juvenile is a person between the ages of 7 and 20 years of age. Juveniles between the ages of 7 and 14 years old are subject to the same criminal law, procedural law, and rules of evidence as adults; however, certain judicial rules make special provision for juvenile delinquents. Juvenile trials are regulated by the Criminal Procedures Act of 1977. This act makes provision for court appearance by juveniles, court procedures during hearings, and various types of penalties that can be imposed. Juveniles can be brought before a juvenile court through arrest, summons, written notice, warning, and indictment. When children reach the age of 14 years, they are refutably presumed to be criminally accountable. The prosecution must prove this presumption beyond reasonable doubt. Children's courts are used for the benefit of children in need of care; they are courts of inquiry. Children in need of care may be admitted to child care schools, whose primary aim is re-education and behavioral reform. Reform schools are for juveniles who have usually had previous convictions and have serious behavioral problems that require strict discipline and control. Clinic schools are for students who require a special educational regime that is not provided in regular schools. Under South African law, a juvenile can also be ordered directly to a prison. This requires conviction by a court of law under the terms of the Criminal Procedures Act. The Children's Act also makes provision for a juvenile who shows no signs of improvement or rehabilitation to be transferred from a reform school to a prison. This paper also discusses the possible role of indigenous law under the current democratization of South African society. 12 references and an appended directory of juvenile justice agencies