Briefing to Parliamentary Portfolio Committee: Justice & Constitutional Development Legal Aid Board Child Justice Bill Implementation presented by Patrick Hundermark LDE – Legal Aid Board 11 March 2008 26 May 2018 Child Justice Bill

Overview of Presentation Legal Aid Board Child Justice Bill Implementation Introduction Methodology Current Case Load Comparison with DOJ Statistics Existing Child Justice Units/Practitioners Profile of Child Justice Practitioners LAB Staffing Requirements Summary of Additional Staff Capacity 9. Financial Implications 10. Conclusion 26 May 2018 Child Justice Bill

Child Justice Bill Implementation The Legal Aid Board: Child Justice Bill Implementation 26 May 2018 Child Justice Bill

Introduction LAB welcomes the Child Justice Bill as it gives protection to children in conflict with the law LAB already submitted comments on the Bill – Will not deal with these LAB welcomes provisions of chapter 10 and undertakes to assist in the legal representation of children in conflict with the law Certain categories of children can not waive legal representation Intention of presentation is to clarify how the LAB intends to implement the provisions of chapter 10 and the additional financial implications of such implementation 26 May 2018 Annual Report 2006/07

Methodology Look at the LAB’s current case load in terms of Child Justice matters Compare this to the actual demand based on DOJ statistics Quantify the additional number of cases in which the LAB would have to grant legal representation to represent all children in conflict with the law Deal with LAB’s current dedicated Child Justice Practitioners and current dedicated Child Justice Units. Finally consideration will be given to the additional resources required by the LAB will need to implement the Child Justice Bill 26 May 2018 Child Justice Bill

Current caseload During April 2007-January 2008 the LAB represented 34 494 children in conflict with the law aged between 10 and 17 In addition LAB represented a further 247 under the age of 10 years (0.07%) Clause 83 categories: 1 879 (5.4%) were aged between 10 and 13 732 (2.1%) were aged 14 or 15 and were in custody Our statistics currently do not distinguish between children in custody in a place of safety and in custody in a prison 26 May 2018 Child Justice Bill

Current caseload Contd Above statistics are for a ten month period The following are our estimate of the statistics over a 12 month period:- Children represented (Ages 10 and 17) 41 393 Children (Ages 10 and 13) 2 255 Children (Ages14 and 15 in custody) 75 Children (Section 77 Sentence) 83 26 May 2018 Annual Report 2006/07

Comparison with DOJ statistics According to the Annual Report of the DOJ (2006/07) there was a total of 49 810 accused persons below the age of 18 We have assumed that this figure will remain constant in 2007/08 We have assume, as per the LAB Statistics, that 0.07% (35) of these children were under the age of 10 Therefore it is assumed that the total number of children aged between 10 and 17 was 49 775 26 May 2018 Child Justice Bill

Comparison with DOJ statistics LAB currently represents 83% of Children in conflict with the Law The number of unrepresented children is estimated at 8 382 LAB will have to implement plans to represent these children The LAB will require additional funding to achieve this 26 May 2018 Annual Report 2006/07

Child Justice Units / Practitioners LAB has attorneys dedicated to child justice matters at 17 of its 59 Justice Centres As at 31 January 2008 all posts were filled except Polokwane JC 34% of Justice Centres have dedicated children practitioners Child justice matters are also done at the other 42 Justice Centres where the needs of children are addressed by the practitioners that are allocated to the criminal courts where children appear 26 May 2018 Child Justice Bill

Child Justice Units / Practitioners Dedicated children practitioners are set a target of 150 cases per year For the 17 Practitioners this totals 2 975 cases per annum The children practitioners received 3 227 cases out of 34 494 The children practitioners exceeded their target by 8.5% The remainder of the cases are being completed by other staff in the normal course of their duties This translates to 259 practitioners dedicated full time to deal with the child justice matters but LAB practitioners who are allocated to a court will assist a child who appears in that practitioners allocated court The work load is spread amongst all the LAB practitioners who need specialised training 26 May 2018 Annual Report 2006/07

Profile of Child Justice Practitioner Required to have at least 5 years post admission experience as well as experience in the representation of children Provide support to neighbouring Justice Centres Practitioners have specialised training The question has arisen during ISCCJ meetings as to whether candidate attorneys will be permitted to represent children in conflict with the law If a child appears in a district court allocated to an LAB Candidate Attorney the services will be rendered by the Candidate Attorney allocated to that particular court 26 May 2018 Child Justice Bill

Profile of Child Justice Practitioner LAB candidate attorneys deal with 47% of the total child justice matters If Candidate Attorneys are not be permitted to appear then LAB will require an additional 130 dedicated child justice practitioners Also imperative to create dedicated child justice courts in each district where the dedicated child justice practitioners can link to children in conflict with the law In the absence of such additional dedicated child justice practitioners and dedicated child justice courts candidate attorneys will of necessity have to render the services The LAB holds the view that more experienced practitioners should represent children and it accordingly supports the proposal that CA’s should not appear in child justice matters and that these should be done by admitted attorneys/advocates 26 May 2018 Annual Report 2006/07

LAB Staffing Requirements The LAB will need to appoint sufficient practitioners to represent all children in conflict with the law Each practitioner will have a target of 150 new cases per annum There are 8 382 cases where legal representation is still required Calculated at a rate of 150 cases per practitioner per annum 56 new child justice practitioners will be needed If the candidate attorneys are excluded from representing children then an additional 130 new child justice practitioners will be required In addition Supervisory Attorneys (1 for every 7 new practitioners) Administrative Support Staff (1 for every 5 new Practitioners) are required 26 May 2018 Child Justice Bill

Additional Staff Capacity In accordance with what is set out above the LAB will need the following additional staffing capacity during the 2008/09 financial year: Position No of additional posts –CA’s retained No of additional posts –CA’s replaced Child justice practitioners 56 186 Supervisory attorneys 8 27 Administrative support staff 11 37 Total Additional Posts 75 250 26 May 2018 Child Justice Bill

CHILD JUSTICE BILL COSTINGS 2008/2009 Financial Implications LEGAL AID BOARD CHILD JUSTICE BILL COSTINGS 2008/2009   2007/08 2008/09 Notes Senario 1 CA's retained Senario 2 CA's replaced LAB New Matters - All Children (April 2007 - January 2008) See Note 1 34,494 Projected LAB New Matters - All Children(12 month period) See Note 2 41,393 LAB - Representation by CA's (April 2007 - January 2008) See Note 3 16,230 LAB - Representation by CA's (12 Month Period) See Note 4 19,476 DOJ New Child Justice Matters - 2006/2007 See Note 5 49,810 DOJ New Child Justice Matters less children under 10 years See Note 6 49,775 Increased Matters for LAB Assistance - CA's retained See Note 7 8,382 Increased Matters for LAB Assistance - CA's replaced See Note 8 27,858 Costing exercise Unit Cost # of dedicated childrens practitioners required See Note 9 R 399,576 56 186 # of supervisory staff See Note 10 R 478,343 8 27 # of admin staff See Note 11 R 131,385 11 37 # of additional staff to be trained R 1,406 1712 1842 New Funding Required to be added to LAB Base Line R 30,022,282 R 94,370,178 Costing for additional childrens practitioners(admitted legal parctitioners) R 22,328,864 R 74,209,868 Costing for additional supervisory staff R 3,818,636 R 12,691,217 Costing for additional admin staff R 1,468,395 R 4,880,203 Costing for additional training R 2,406,387 R 2,588,890 26 May 2018 Child Justice Bill

Conclusion The total estimated cost to the LAB of implementing the Act during the 2008/09 financial year will therefore be R 30 022 282, 00 if the CA’s are retained altenatively R 94 370 178, 00 if the CA’s are replaced by admitted legal practitioners 26 May 2018 Child Justice Bill