1. 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

2. 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

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

4. 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

5. 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

6. Current caseload
During April 2007-January 2008 the LAB represented 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

7. 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)
Children (Ages 10 and 13)
Children (Ages14 and 15 in custody)
Children (Section 77 Sentence)
26 May 2018
Annual Report 2006/07

8. Comparison with DOJ statistics
According to the Annual Report of the DOJ (2006/07) there was a total of 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
26 May 2018
Child Justice Bill

9. 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

10. 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

11. Child Justice Units / Practitioners
Dedicated children practitioners are set a target of 150 cases per year
For the 17 Practitioners this totals cases per annum
The children practitioners received cases out of
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

12. 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

13. 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

14. 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 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

15. 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

16. 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 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 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 /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

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