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QUESTION 1
Lawrence’s mother is very worried that her son will have a criminal record. Explain to her how
Lawrence will be handled by the police official and the probation officer. (15)
ANSWER:
INTRODUCTION:
Lawrence, being only 9 years old, is considered a minor under South African law, specifically under
the Child Justice Act 75 of 2008. This Act provides a framework for how children in conflict with the
law are to be treated, focusing on restorative justice, rehabilitation, and reintegration rather than
punishment. The goal is to ensure that children are treated in a manner that promotes their well-
being and future development, rather than imposing harsh penalties that could have long-term
negative consequences.
Handling by the Police Official:
Age of Criminal Capacity: According to South African law, children under the age of 10 years are
deemed to lack criminal capacity. This means they cannot be held criminally responsible for their
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