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

2. 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.”

3. 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 …”

4. 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 …”

5. 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.

6. 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.”

7. 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”

8. 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.”