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CMY2604 ASSIGNMENT 01 - 2023 FULL
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- University Of South Africa (Unisa)
CMY2604 ASSIGNMENT 01 2023 FULL WITH SOURCES
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Child Justice Act 75 of 2008Danielle Van Niekerk | CMY2604 | Due – 4th April 2023
, Danielle Van Niekerk
Student no – 61554936
CMY2604
Table Of Contents
Question 1..................................................................................................... 3
INTRODUCTION....................................................................................... 3
THE CHILD JUSTICE ACT 75 OF 2008.....................................................4
The Child Justice Act 75 of 2008 aims to provide a criminal justice
system for children in conflict with the law and accused of committing
offenses that is consistent with the ideals contained in the Constitution
and the Republic's international commitments. 2008 Child Justice Act
One of its goals is to offer a minimum age for children's criminal
competence as well as a tool for dealing with youngsters who lack
criminal capacity outside of the criminal justice system. (Child Justice
Act, 2008).................................................................................................. 4
The Act makes special provisions for securing attendance at court,
release, detention, and placement of children, as well as a preliminary
assessment of children. (Child Justice Act, 2008) The Act provides for
the holding of a preliminary inquiry and incorporates as a central
feature the possibility of diverting matters away from the formal
criminal justice system in appropriate circumstances (Child Justice Act,
2008)......................................................................................................... 4
The Act also provides for child justice courts to hear all trials of children
whose matters are not diverted, extends the sentencing options available
in respect of convicted children, and aims to entrench the notion of
restorative justice in the criminal justice system for children who conflict
with the law (Child Justice Act, 2008).......................................................4
PURPOSE OF THE PRELIMINARY INQUIRY............................................4
GENERAL THEMES OF THE PRELIMINARY INQUIRY...........................5
The preliminary inquiry's basic topics include the child's best interests,
the concept of distraction, and the preservation of the child's rights. The
choices made during the preliminary investigation are made with the
child's best interests in mind. The diversion concept states that rather
than facing criminal prosecution, the child should be given the option to
enroll in a rehabilitation program. This is predicated on the assumption
that children who commit crimes may not completely appreciate the
seriousness of their acts and, as a result, require direction and
assistance to mature into responsible people. The protection of
children's rights is another key element since it guarantees that the
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