If you or someone you know has been charged with a crime as a juvenile, it is important to understand the juvenile justice system and how it works. The juvenile justice system is different than the adult criminal justice system in many ways, but the one similarity is that the goal of both systems is to protect the public and hold offenders accountable for their actions.
In the juvenile justice system, the focus is on rehabilitation rather than punishment. This means that juvenile offenders who are found to be responsible for their actions will be placed in programs that are designed to help them learn from their mistakes and grow into productive, law–abiding citizens. If you are a juvenile offender, or if you know someone who is, it is important to have a lawyer who understands the juvenile justice system and can help you navigate it. The lawyers at our firm have experience handling juvenile cases and can help you understand your rights and options.
Juvenile Law And The Child Justice Act
The CPA governs all criminal law matters, with special provision for child offenders, to be applied in conjunction with the Child Justice Act 75 of 2008 (the Act).
The Act provides for three different categories of children based on age.
How Are Juvenile Offenders Dealt With
Under Ten Years
A child offender below the age of 10 cannot be arrested and must instead be referred to their parents, an appropriate adult, or a guardian.
If no parent, appropriate adult, or guardian is available, or if it is not in the child‘s best interest to be handed over to them, the child must be taken to a suitable child and youth care center.
Above The Age Of Ten
It is preferable for police officials to use other means to secure attendance at court for children belonging to the remaining two age categories, but arrest can still be affected.
Although the child may be arrested, the CPA always prefers the child‘s release. This decision is based on the type of offense and other relevant factors. A police official must release a child before a preliminary enquiry for a schedule 1 offence, and provide written notice to the child’s parent, guardian, or appropriate adult. The court will decide whether or not to release a child in cases involving schedule 3 offences, which are serious offences such as murder, rape, or exposure or display of child pornography. If the child is to be released, an application must be brought before the court.
