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New Juvenile Justice Legislation for South Africa: Giving Children a Chance

NCJ Number
156978
Journal
Chronicle Volume: 4 Issue: 1 Dated: (Summer 1995) Pages: 4-9
Author(s)
D Pinnock
Date Published
1995
Length
6 pages
Annotation
Many magistrates and prosecutors in South Africa are frustrated about the range of punishments available to them when dealing with young people; consequently, legislation is being drafted that emphasizes a community-based correctional approach.
Abstract
Because juvenile crime and youth gang violence are increasing in South Africa, the decision was made to draft new juvenile justice legislation based on the following goals: to keep the mainstream criminal process at bay until a range of other options have been tried, to make the juvenile justice process culturally sensitive, to ensure that no charge is brought against young persons unless they commit serious crimes or unless the conflict resolution process fails, to use the family conference as a community-based approach to conflict resolution, to give both young offenders and their victims a say in the legal decisionmaking process, and to keep young people out of jail. The draft legislation views the movement of young people through the juvenile justice system according to stages that include arrest, reception and referral, the family conference, the juvenile court, sentencing, and custodial care.