1. Presentation to the Portfolio Committee
Introduction to Central Services Branch
Building a caring correctional system that truly belongs to all
CHILDREN IN CONFLICT WITH THE LAW
Date: 10 June 2008

2. TABLE OF CONTENTS 1. Background
2. An overview of Children in Conflict with the Law
3. Statistical presentation of Children in Detention
4. Programmes rendered to Sentenced Children
5. Programmes rendered to Children on Remand
6. Programmes developed in response to the specific
crime categories
7. Competencies of custodial staff to deal with specific
needs of children
8. Current Developments to Improve Management of
Children Awaiting Trial
9. Challenges for the system
10. Recommendations

3. 1. BACKGROUND DCS to brief the Committee on issues pertaining to
Children in Conflict with the Law with specific reference to:
The available child-specific rehabilitation and reintegration programmes
Whether custodial staff have been trained to deal with specific needs of child ATDs and child offenders
The challenges DCS has experienced in accommodating the needs of child ATDs and child sentenced offenders
A breakdown of crimes children either awaiting trial or sentenced have committed, and whether programmes have been developed in response to these specific categories of crimes

4. 2. OVERVIEW
The average trends and numbers of children in conflict with the law can be summarized as follows:-
Between 9000 and children are arrested by the SAPS on a monthly basis.
Approximately (50%) of these cases are converted into Children’s Court enquiries in terms of the Child Care Act, 1983 (Act No 74 of 1983). These cases are handled outside the Criminal Justice System.

5. OVERVIEW cont.
On average, children are diverted from the mainstream Criminal Justice System on a monthly basis. Children acknowledge wrong doing and the charges are withdrawn provisionally on condition that they attend diversion programmes such as life skills, if they don’t, the trial goes ahead.
Approximately 1000 children in the age group yrs await trial on a monthly basis in correctional facilities usually for serious and violent crimes.

6. OVERVIEW cont.
Approximately 3000 children await trial in detention in Secure Care Facilities, Places of Safety and Home-based Supervision, run by the DSD.
20% of the numbers of children originally arrested and charged are sentenced to non-custodial sanctions.
Approximately 5% of sentenced children are sentenced to Reform Schools run by the DOE. These facilities will be transferred to the DSD within the next two years, in terms of Chapter 13 of the Children’s Amendment Act, 2007.
Only about 1% of arrested children are sentenced to serve time in a correctional centre
Worrying factor: placement of children without Bail (87,7%) in December 2007.

7. 3. STATISTICS: CHILDREN IN DETENTION The table representing the average annual number of sentenced children detained in DCS facilities for the past 5 years.
SENTENCED CHILDREN
In custody
Statistical Years
Below 14 yrs
14 yrs
15 yrs
16 yrs
17 yrs
Grand Total
Average for 2003 8 36
145
520
1101
1810
Average for 2004 12 33
159
451
1054
1710
Average for 2005 5 22
100
346
764
1237
Average for 2006 4 14 89
283
710
1099
Average for 2007 2 10 74
246
563
895

8. STATISTICS: CHILDREN IN DETENTION Cont
STATISTICS: CHILDREN IN DETENTION Cont. The table representing the average annual number of unsentenced children detained in DCS facilities for the past 5 years.
ATD CHILDREN
Statistical Years
14 yrs
15 yrs
16 yrs
17-18yrs
Total
Average for 2003
147
335
763
1083
2334
Average for 2004 96
276
625
919
1923
Average for 2005 61
184
429
659
1336
Average for 2006 29
154
336
627
1149
Average for 2007 36
141
374
612
1166

9. TOTAL NUMBER OF SENTENCED CHILDREN IN CUSTODY
REGION
NO OF CENTRES ACCOMMODATING CHILDREN < 18 YRS
AGE IN YEARS
TOTAL
14yrs 15
yrs 16 17
Sub Total
18-25 yrs
E/ CAPE 20 3 10 23 65
101
4157
4258
GAUTENG 7 1 14 45
108
168
8234
8402
KZN 18 49
116
190
6618
6808
LMN/ NW 12 51 89
5666
5755
N/C & F/S 21 63 92
3975
4067
W/CAPE 11 2 6
161
5622
5783
RSA Total Sentenced 67
206
511
801
34273
35074

10. CORRECTIONAL CENTRE WITH THE HIGHEST NUMBER OF SENTENCED CHILDREN < 18yrs PER REGION
Gauteng: Leeuwkop Juvenile Centre (116)
KZN: Ekuseni Youth Centre (80)
Western Cape: Brandvlei CC (74)
NC/Free State: Kroonstad CC (44)
LMN: Rustenburg CC (29)
Eastern Cape: Cradock CC (26)

11. TOTAL NUMBER OF ATD CHILDREN IN CUSTODY
REGION
NO OF CENTRES ACCOMMODATING CHILDREN < 18 YRS
AGE IN YEARS
TOTAL
14yrs 15
yrs 16 17
Sub Total
18-25 yrs
E/ CAPE 10 18 38 84
156
296
3256
3552
GAUTENG 8 7 27 59 93
8000
8093
KZN 9 3 40
113
178
334
4976
5310
LMN/ NW 4 1 2 6
1783
1799
N/C & F/S 23 45 98
170
3166
3336
W/CAPE 5 21 32 92
150
4598
4748
RSA Total ATD 31
131
307
590
1059
25779
26838

12. KZN: Durban Juvenile Centre (237)
CORRECTIONAL CENTRE WITH THE HIGHEST NUMBER OF SENTENCED CHILDREN < 18yrs PER REGION
KZN: Durban Juvenile Centre (237)
Eastern Cape: Port Elizabeth CC (113)
Western Cape: Pollsmoor CC (76)
NC/Free State: Grootvlei Max. CC (57)
Gauteng: Pretoria Local Centre (45)
LMN: Nelspruit CC (12)

13. STATISTICS: CHILDREN IN DETENTION Cont. SENTENCED CHILDREN vs ATD
Children <18 yrs as at 31 March 2008
Regions
Sentenced Children
Children ATD
GAUTENG REGION
171 90
E/C 96
292
KZN
183
312
LMN
109 21
N/CAPE & F/STATE 95
160
W/C
162
173
All Implemented Sites
816
1048

14. STATISTICS: CHILDREN IN DETENTION Cont
STATISTICS: CHILDREN IN DETENTION Cont. Juvenile Centres as at 5 May 2008
Region
Name of Juvenile Centre
Sentenced Children
ATD Children
Total
Free State
Groenpunt Juvenile CC 1
Kroonstad Youth CC 44
Gauteng
Boksburg Juvenile CC 9
Emthonjeni Juvenile CC 42
Leeuwkop Juvenile CC
110
111
KZN
Ekuseni Youth Dev C 86
Durban Juvenile CC
222
264
N/West
Rustenburg Juvenile CC 13
W/Cape
Brandvlei Juvenile CC 72
Drakenstein Med B Juvenile CC 17
TOTAL
436
223
659

15. 4. PROGRAMMES: SENTENCED CHILDREN
Corrections Programmes
Risk & Need Assessment:
Sentence Planning
Structured programmes: (Life-skills)
Development Programmes
Formal Education: (General Education & Training; Further education & Training)
Sports, Recreation, Arts & Culture: (Painting, & Drawings, Choral & traditional music; Soccer, Rugby, Volleyball & Recreational activities such as indoor games)

16. 4. PROGRAMMES: SENTENCED CHILDREN cont
Care programmes
Social Work:
Individual interviews & Counselling;
group work sessions and
Structured programmes (Anger management; Substance abuse & Sexual Offenders
Psychological Services
Individual, family and group therapy
Management of emotional disturbances & suicide risks
Court referrals
Health Services: (Preventive, Promotive, Curative, Rehabilitative, Personal Care and Nutritional services

17. 4. PROGRAMMES: SENTENCED CHILDREN cont
HIV & AIDS: (Preventive, Care, Support and Treatment & access to anti-retrovirals)
Spiritual Services: (Individual interviews; Church & Religious services, Group sessions)
5. PROGRAMMES : ATD CHILDREN
All Programmes requirements fall under DSD
DCS only provides the following
Health Services &
Crisis Intervention by Social Workers and Psychologists

18. 6. PROGRAMMES DEVELOPED IN RESPONSE TO SPECIFIC CRIME CATEGORIES 6. 1
6. PROGRAMMES DEVELOPED IN RESPONSE TO SPECIFIC CRIME CATEGORIES 6.1. CRIMES COMMITTED BY ATD CHILDREN
TOP 6 Crimes
Rank
ATD Children
Females
Males
Both Genders 1
Theft (17)
Robbery (370)
House Breaking (302) 2
House Breaking (8)
House Breaking (294)
Robbery (273) 3
Assault (6)
Rape (178)
Theft (187) 4
Murder (4)
Theft (170)
Rape (179) 5
Robbery & malicious damage of Property (3)
Murder (126)
Murder (130) 6
Drug related (2)
Kidnapping (115)
Assault (121)

19. 6.2. CRIMES COMMITTED BY SENTENCED CHILDREN
TOP 6 Crimes
Rank
Sentenced Children
Females
Males
Both Genders 1
House Breaking (10)
House Breaking (477)
House Breaking (487) 2
Theft (9)
Robbery (268)
Robbery (271) 3
Assault (7)
Theft (212)
Theft (221) 4
Murder (5)
Rape (115) 5
Robbery (3)
Assault (104)
Assault (114) 6
Culpable Homicide (2)
Murder (75)
Murder (80)

20. 6.2. PROGRAMMES DEVELOPED: SPECIFIC CRIME CATEGORIES
The following programmes have been designed to
cater for the rehabilitation needs of offenders of all
ages including children:
Anger Management
Sexual offences
Cross Roads (sourced and quality assured)
Substance abuse
New Beginnings Orientation Manual
Pre-Release Programmes
ATD children are not subjected to specific programmes

21. 7. COMPETENCIES OF CUSTODIAL STAFF DEALING WITH CHILDREN
Personnel are trained in the following areas amongst
others:-
Security
Human Rights
Cultural Diversity
Financial Management
Communication
Interpersonal Relations
Behavior Management
However staff are not trained to specifically deal with
children.

22. 8. CURRENT DEVELOPMENTS TO IMPROVE MANAGEMENT OF CHILDREN
The ISCCJ increased its frequency of meetings to share information and improve case flow
Three sub-committee established to focus on management of children;
Children Awaiting Trial: DCS
Child Justice Information Management Committee
Child Justice Bill Implementation Plan Committee
The Provincial Child Justice Fora oversees
children's issues and is led by DoJCD.

23. CURRENT DEVELOPMENTS TO IMPROVE MANAGEMENT OF CHILDREN cont.
The Child Justice Bill is currently presented to Parliament for promulgation
The Bill will:
Require improved policy alignment within JCPS department and between JCPS and Social Cluster
Improve processes of diversion
Introduces restorative justice measures for management of children in conflict with the law

24. CURRENT DEVELOPMENTS TO IMPROVE MANAGEMENT OF CHILDREN cont.
DCS has developed a monitoring tool to manage the
following:
Placement of ATD children under correctional supervision in terms of section 71 of the CPA.
Referral of sentenced children to places of safety/reformatory school facilities.
Ensuring that children with bail option are diverted before entering Correctional Centres

25. 9. CHALLENGES FOR THE SYSTEM
On average, 87% of remanded children placed in DCS facilities without bail
No record of recognizable level of education (98%).
Lack of support system for children ( 93%) without visits.
Serious crimes committed by children
Lack of capacity/expertise for the provision of services in correctional facilities for children
DCS is not allowing for the building of facilities for the incarceration of children. DCS maintains that Correctional Centres are not ideally suited for the rehabilitation of children, however, those already in the facilities will be taken care of.

26. CHALLENGES FOR THE SYSTEM cont
The challenges in terms of ATD children is that some have committed serious crimes and could not be placed under correctional supervision.
In terms of sentenced children there are insufficient reformatory schools / places of safety and therefore children are forced to be detained in correctional centres. More reformatory schools / places of safety for children should be built.
The Department is cognisant of the fact that children below the age of 14 are in a crucial stage with regard to personal development. Imprisonment is not perceived as being conducive to the development of children in this age group.

27. THANK YOU Renewing our Pledge:
A National Partnership to Correct, Rehabilitate and Reintegrate Offenders for a safer and secure South Africa