Justice for juvenile offenders under the new amended legal framework of the Child Justice Act.

Abstract

Juvenile justice has come a significantly long way in South Africa as separate system of law, which operates to specifically deal with children in conflict with the law based on international and regional instruments. While South Africa has undoubtedly sought to protect the rights of children who come into conflict with the law, there is still much room for further development and proper application of these laws. Recently the new amended Child Justice Act was passed and is awaiting promulgation. The amendments will enable the assessment of the criminal capacity of juveniles be dealt with in a more effective manner with the assistance of the police and probation officers. The policy of Diversion will also be at the forefront of facilitating the speedy process of juvenile offenders where possible. The issue of sentencing remains contentious, as juveniles are consistently sentenced to lengthy terms of imprisonment without the presiding officers having sufficient information to make a proper evaluation of an appropriate sentence. The Child Justice Act must be amended to include an in-depth sentencing policy in order to ensure that juveniles are afforded proper justice as per the vision imparted in the preamble of the Act.