Presentation to the Portfolio Committee on Justice and Constitutional Development 26 March 2008

Clause 1: Definitions An ‘appropriate adult’ means “… or a person who is prepared to assist a child and who has a prior relationship of responsibility towards the child” ‘Relationship’ may pose a challenge Proposal: “… or a suitable person who is prepared to assist the child and who has a prior relationship with the child or a probation officer.”

Clause 7: Manner of dealing with child below 10 years of age If a police official has reason to believe that a child, suspected of having committed an offence, is below 10 years, the child may not be arrested and must be taken to the child’s home, or alternatively to a placement facility Too prescriptive Proposal: “… hand over such child to his or her parents or an appropriate adult …”

Clause 18: Arrest Child may not be arrested for an offence referred to in Schedule 1 unless there are compelling reasons justifying the arrest Meaning of “compelling reasons”? Proposal: “… a police official has reason to believe that the child – (i) does not have a fixed residential address; (ii) will continue to commit offences unless he or she is arrested; (iii) poses a danger to any person; or …”

Clause 26: Consideration of placement of child Roadmap for placement of child: placement in a placement facility; placement in a police cell; or placement in a prison. Proposal: Order of priority: placement in a prison; or placement in a police cell.

Clause 28(3): Detention Register The Station Commissioner must keep a register in which the prescribed details regarding the detention in police cells of all children must be separately recorded Process to have register computerized ongoing Proposal: Replace “separately” with “… in such a manner that entries regarding the detention of children are clearly distinguishable from entries relating to the detention of adults.”

Clause 95: National Instructions National Commissioner must act “in consultation” with other DG’s National Commissioner is accountable – not other DG’s Proposal: Replace “in consultation” with “after consultation”

Clause 95: Notice from Social Development It is recommended that a new subclause (10) be inserted in this clause to read as follows: “The Director-General: Social Development must provide the National Commissioner of the South African Police Service, within 30 days from the coming into operation of this Act, with a list of all probation officers that may be contacted for purposes contemplated in this Act, with their contact particulars and must update the list on a six-monthly basis.”