Citation

Noncembu V. S. Afr. J. Crim. Justice 2017; 30(3): 299-315.

Copyright

(Copyright © 2017, Juta)

DOI

unavailable

PMID

unavailable

Abstract

The Child Justice Act 75 of 2008 has brought new changes and much needed clarity in the prosecution of children, particularly on sentencing. It inter alia provides a framework of sentencing objectives and principles applicable to children. It specifically provides that imprisonment must be utilised only as a measure of last resort and for the shortest appropriate period of time. This article explores the sentencing of young offenders (erstwhile children) who attain majority status before the conclusion of their trials, with a special focus on imprisonment and committal to a child and youth care centre as sentencing options. Relevant legislative provisions are interrogated. The conclusion is that the Act does not provide sufficient guidance for sentencing the aforementioned offenders. The recommendation is that children who attain majority status before finalisation of their matters should be dealt with as children until the conclusion of their trials, including the sentencing stage. The author notes that this may have an impact on the turnaround time for finalisation of matters and thus submits that the concession should be limited to the age of 21 years. Review of legislation to give certainty and uniformity in dealing with these offenders is suggested.


Keywords: Juvenile justice;

Language: en