Research report - National Child Labour Action Programme for South Africa (1).doc

Policy proposed in the child justice bill but not yet

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Policy proposed in the Child Justice Bill, but not yet finally adopted. Once off cost: moderate, but already costed through the Child Justice Bill process. Recurrent cost: moderate to significant saving, if effective, as costed in the Child Justice Bill process. Eg, by imprisoning perpetrators behind the children, fewer children should be lured criminal activities. Time line: within one year of adoption of policy. (57) Where children commit crimes, the diversion of such child offenders away for prison (including community service) should be the preferred option for children . Where appropriate, prosecution of a child should be converted to a children's court inquiry , after conviction. Lead
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Page 46 Proposed action – by forms of harm Draft 4,10 Oct 2003 institution : DJ*. Secondary institutions : DSD* (assistance with diversion), NProsAuth* (prosecution of those behind children, and diversion programmes), SAPS (identification of those using children who are in conflict with the law, and investigation of cases against them) and DCS. New policy? Policy proposed in the Child Justice Bill, but not yet finally adopted. Once off cost: moderate, but already costed through the Child Justice Bill process. Recurrent cost: Moderate. It should eventually ease spending pressure on SAPS, by the imprisonment of the perpetrators behind the children in conflict with the law. The effect of diversion programmes should be to ease the strain on the budget of DCS. In due course therefore moderate to significant saving, if effective, as costed in the Child Justice Bill process. Time line: within one year of adoption of policy. (58) Formal education or vocational training should be offered to all children whose sentence involves deprivation of liberty , including those held while awaiting trail. In terms of existing policy education and training is seen as a form of rehabilitation. DE has already embarked on curriculum development and conversion of facilities for children. Lead institution : DrE. Secondary institutions : DCS*, DSD*. New policy? Yes, regarding children awaiting trial. No, regarding children convicted and held in custody. Once off cost: Moderate. Recurrent cost: significant. Time line: within two years of adoption of policy. (59) Authorities holding children in custody should be allowed to continue requiring of them to work. Work is preferable to children being bored and feeling useless. However, policy should be formulated on when children deprived of their liberty may be required to work , and when such work should be remunerated. This policy should be in line with national and international protective laws on children. Lead institution : DCS (prisons), DrE (reform schools). Secondary institutions : DSD. New policy? Yes. Once off cost: minimal. Recurrent cost: minimal. Time line: within two years of adoption of policy.
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