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LME assignment 2 semester 2 2022
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LAW RELATING TO CHILD OFFENDERS AND HOW THE CRIMINAL JUSTICESYSTEM HANDLES THEIR CASE
BY
Submitted in partial fulfilment of the requirements for the degree LLB
In the
School of Law
UNIVERSITY OF SOUTH AFRICA
,Contents
INTRODUCTION...........................................................................................................................................4
PROBLEM STATEMENT................................................................................................................................4
AIM OF RESEARCH.......................................................................................................................................5
POINTS OF DEPARTURE...............................................................................................................................5
ASSUMPTIONS...........................................................................................................................................10
CONCEPTUALISATION OF CENTRAL RESEARCH THEMES...........................................................................10
PROPOSED CHAPTER OUTLAY....................................................................................................................11
PROJECTED TIME FRAME...........................................................................................................................12
DESCRIPTION OF METHODOLOGY.............................................................................................................12
CONCLUSION.............................................................................................................................................12
BIBLIOGRAPHY...........................................................................................................................................13
Register of Legislation............................................................................................................................13
Register of journal articles.....................................................................................................................14
Register of Books...................................................................................................................................14
Register of Case laws.............................................................................................................................14
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of
Unisa’s policies in this regard.
,2. I declare that this assignment is my own, original work. Where I
have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation
in, this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed and will not allow anyone to copy my work with
the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my
own.
NAME: ______________________
SIGNATURE: _______________________
STUDENT NUMBER: _______________
MODULE CODE: LME3701
ASSIGNMENT
DATE:
TOPIC SELECTED: Law relating to child offenders and how the criminal
justice system handles their case
, INTRODUCTION
In 1996, South Africa approved its final constitution, section 28 of which outlines
specific standards applicable to juveniles in legal problems. The purpose of this
research paper is to offer an in-depth analysis of the historical evolution of the
legislation related to juvenile offenders within the South African criminal justice
system. The researcher studies and analyzes chosen parts of the Criminal
Procedure Act 51 of 1977 and the Child Justice Act 75 of 2008 to explain the rules
applicable to Child Offenders. Despite the fact that all criminal law cases are
ultimately controlled by the Criminal Procedure Act (CPA), particular provisions are
provided for juvenile offenders, and the CPA must be implemented in combination
with the Child Justice Act 75 of 2008.
The second category in this study corresponds to the stated circumstance.
Regarding minors in the second and third categories, arrests are permissible, but it
is preferable that police officers utilize alternative methods to ensure court
appearance. Nonetheless, once apprehended, the Act stipulates that if there is a
choice between detaining or releasing the kid, priority shall always be given to the
child's release, taking into account the severity of the crime and the CPA criteria.
The purpose of this study is to give guidance on the legislation dealing to juvenile
offenders and how their cases are handled in South Africa's criminal justice system.
In addition to the above, the purpose of this study is to identify any particular
provisions within the existing South African legislative framework that pertain
exclusively to the processing of a juvenile offender.
PROBLEM STATEMENT
The objective of this study is to assess/explain the historical evolution of the
legislation dealing to juvenile offenders within the context of the South African
criminal justice system. This investigation focuses on the statutory framework, law
reform commission reports, case law, and scholarly works. This study is also
intended to analyze and give insight and foresight into how the law approaches such
situations.
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