Submission on the Child Justice Bill

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Presentation transcript:

Submission on the Child Justice Bill Lukas Muntingh 5 January 2008

Introduction Written submission deal with a number of issues: Research, information and monitoring of child justice Children in police custody Children in prison Sentencing of children Legal representation of children Parole for children sentenced to imprisonment Oral submission:

Research, monitoring and information Lack of accurate, accessible, comprehensive and detailed information is an old problem (1990s); DCS is only department with good information. Why are statistics needed? Promote transparency Promotes accountability Informs development and review of policy and legislation Needed by the CRC (General Comment No.10) Clause 95(2)(c) has right intentions but not sufficiently detailed Amend clause 95(2)(c) to provide for the development of data collection systems to be in line with UNICEF indicators and meet reporting requirements of CRC

Children in prison Children in prison has been a persistent problem since early 1990s; number have fluctuated greatly Principle: measure of last resort & shortest possible period Explore all other options first Current situation No children under 14 years of age as unsentenced prisoners, but no age limit for sentenced children No limit on duration of period of detention or length of sentence Profile: approx 2100 in custody Sentence status Age Offence

Profile of children in prison: sentenced and unsentenced

Profile of children in prison: Age

Profile of children in prison: under and over 16 yrs of age

Profile of children in prison: offence profile of children under 16 yrs

Profile of children in prison: Sentence status of under 16 year old children

Availability of alternative secure care: Current utilisation of secure care facilities

Conclusion Submit that the minimum age of admission to a prison as sentenced or unsentenced prisoner be raised to 16 years of age without qualification. Such young children are extremely vulnerable; Important to prevent victimisation, sexual violence & recruitment into gangs; A prison is no place for such young children. Counter to ‘measure of last resort’ principle. Ensure access to more appropriate service to children which DCS is not providing In line with DCS policy in White Paper There is a low number of these children; the majority are unsentenced; there is available space in secure care facilities If child under 16 yrs does receive lengthy prison sentence, start serving sentence at secure care facility and then transfer to DCS facility.