Help for young people in conflict with the law

The Western Cape Department of Social Development (DSD) is committed to working with children in conflict with the law.

Since 1 April 2010, children who commit crime are dealt with in terms of the Child Justice Act (CJA), instead of the normal criminal procedure which is used for adults. The aim of the CJA is to set up a child justice system specifically for children in conflict with the law.

“No child deserves to be left behind, even those children who find themselves on the wrong side of the law. As a department we remain committed to providing assistance and support to youth who have been in confrontation with the law. These young individuals must not be lost in the criminal justice system, but rather empowered so that they can be proactive citizens once they are reintegrated back into society, ” said Western Cape Minister for Social development, Sharna Fernandez

The DSD provides a wide array of crime prevention and support programmes which includes  a range of specialised probation services to children and youth in conflict with the law and their victims to reduce recidivism, through:

• Social crime prevention programmes to create and sustain a positive social environment, address the social risk factors of crime and violence in high-risk areas and increase resilience to these risk factors. This includes probation and diversion programs for children who have been arrested
• Secure care facilities for children awaiting trial
• Secure care facilities for children who have been sentenced, which offers a range of structured day programs, developmental services, and therapeutic services such as substance abuse rehabilitation (which is offered at seven of the Departments secure care centres across the province)
• A range of reintegration programmes to children and adults in conflict with the law who completed community-based and/or residential programmes to promote stable interpersonal relationships and reduce their chances of re-offending.

What are the rights of children who are arrested?

Children who are arrested are not supposed to be treated in the same way as adults, and have certain rights guaranteed to them in terms of the Child Justice Act. These include:

• The right to have their parents/guardians present - A child's parents or legal guardians must be notified by the police of the arrest as soon as possible.
• The right to a speedy assessment - A child must be assessed by a probation officer, who is a trained social worker, within 48 hours of arrest. 
• Children under the age of 14 years cannot be detained in prison.
• Children 14 years and older should be detained in prisons as a last resort.

What can a parent/guardian do to help a child who has been arrested?

Your involvement in the child's case can have a considerable impact on the long-term consequences for the child. You can do the following to help the judicial process and, hopefully, keep the child out of prison:

• Ensure that a probation officer assess the child as soon as possible after the child’s arrest.  If there are no probation officers available, ask the police to check when and where probation services will be available again (all SAPS stations have been given a list of probation officers to call for this information).
• Ensure that documentary evidence is provided to the police and probation officer to confirm the identity and date of birth of the child.
• Be present when the probation officer assesses the child.
• Attend the preliminary inquiry (first court appearance).

What can I do if my child is being treated inappropriately during or after arrest, awaiting trial or after sentence?

If you are worried that a child is being held in prison for too long or treated inappropriately, you can report this to the Chairperson of the Child Justice Forum, which is supposed to monitor all young people who are in conflict with the law. The Child Justice Forum will investigate the case.

“Our department cannot solely achieve improving the lives of our youth alone. Our existing safety net should be coupled with the entrenchment of values and by increasing trust between Government and communities. 

Without the support of the communities we serve, it’s unlikely that we will co-create a violence-free society in which the dignity and hope of all our citizens are restored,” concluded Minister Fernandez.

For more information on how to get the right help call 0800 220 250,  or visit our local offices at the Department of Social Development or visit https://www.westerncape.gov.za/dept/social-development