Legislative Framework
LEGISLATION
>National Legislation
· The Constitution of South Africa Act 108 of 1996
The Constitution clearly states in section 28(1) that every child has the right to not be detained except as a measure of last resort, kept separately from detained persons over the age of 18 years, and treated in a manner and kept in conditions that take account of the child’s age.
· The Children’s Act No 38 of 2005 as amended and the draft regulations
This Act defines Child and Youth Care Centres as a facility for the provision of residential care to more than six children outside the child’s family environment. Centres must offer a therapeutic programme for the residential care of children, which includes programmes for the reception, development and secure care of children awaiting trial or sentenced.
· Child Justice Act No 75 of 2008
The Justice Act is inspired by restorative justice goals and aims to divert young people in conflict with the law from formal criminal proceedings. The focus is also on the rehabilitation and reintegration of children who have come into conflict with the law.
Some children who have come into conflict with the law and cannot be diverted would be referred to a secure care centre either to await trial or to serve their sentence.
· Probation Services Act as amended (No. 116 of 1991)
According to the Probation Services Act, 1991 (Act 116 of 1991), probation officers have the task of screening, selecting and assessing persons awaiting trial. Probation officers are also required to prepare and present pre-sentence reports and undertake the supervision of sentenced offenders. In addition, probation officers and social workers are supposed to meet the needs of victims of crime.
The Constitution clearly states in section 28(1) that every child has the right to not be detained except as a measure of last resort, kept separately from detained persons over the age of 18 years, and treated in a manner and kept in conditions that take account of the child’s age.
· The Children’s Act No 38 of 2005 as amended and the draft regulations
This Act defines Child and Youth Care Centres as a facility for the provision of residential care to more than six children outside the child’s family environment. Centres must offer a therapeutic programme for the residential care of children, which includes programmes for the reception, development and secure care of children awaiting trial or sentenced.
· Child Justice Act No 75 of 2008
The Justice Act is inspired by restorative justice goals and aims to divert young people in conflict with the law from formal criminal proceedings. The focus is also on the rehabilitation and reintegration of children who have come into conflict with the law.
Some children who have come into conflict with the law and cannot be diverted would be referred to a secure care centre either to await trial or to serve their sentence.
· Probation Services Act as amended (No. 116 of 1991)
According to the Probation Services Act, 1991 (Act 116 of 1991), probation officers have the task of screening, selecting and assessing persons awaiting trial. Probation officers are also required to prepare and present pre-sentence reports and undertake the supervision of sentenced offenders. In addition, probation officers and social workers are supposed to meet the needs of victims of crime.
Building a Caring Society Together
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Social worker with the new Child Justice Act
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