36/1/4/1/200900128
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 940
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 AUGUST 2009
(INTERNAL QUESTION PAPER NO 12 - 2009)
Date reply submitted : 14 September 2009
Mr S J Njikelana (ANC) to ask the Minister of Police:
(a) How many arrested juveniles have been placed under the custody of their
parents in the past two years and (b) what has been his department(s
collaboration with other departments, especially the Department of Social
Development in this regard?
NW973E
REPLY:
(a) The term (juveniles( is no longer used in the South African policy
and legislation that applies to children in the criminal justice
system. A person under the age of 18 is defined as a child and over 18
as an adult.
This information can only be obtained from the Department of Justice
and Constitutional Development as decisions in regard to the release
of a child offenders and into whose custody, is made in the Courts.
(b) The South African Police Service is represented on the Inter-sectoral
Child Justice Steering Committee (ISCCJ) at a national level and also
on the corresponding co-ordinating structures at provincial level
which are established in accordance with the (Interim National
Protocol for the Management of Children Awaiting Trial(.
The Inter-sectoral Committee enhances departmental collaboration in
regard to the following:
* effective inter-sectoral management of children who are charged
with offences and who may need to be placed in alternative care.
* appropriate placement of children in conflict with the law based
on individual assessment.
* correct utilisation of alternative care.
* the monitoring of children within the Child Justice System.
The South African Police Service must, when a child is arrested:
* notify parents or guardians about the arrest of a child.
* notify the parents about the time, place and date of court.
* consider the release of the child in custody of the parents, or
person in who(s custody he/she is.
* ensure that the child is assessed by a probation officer as soon
as possible.
* ensure that the child is not locked up with adults.
In collaboration with the Department of Social Development, SAPS has
communicated the availability of probation services at local level to
Provinces and Police stations, to ensure that children arrested are
assessed within in the required time frames. This information includes
the relevant names and contact details of probation officers, venues
were children can be assessed and probation services that are
available.
In terms of the (Interim National Protocol for the Management of
Children Awaiting Trial( the probation officer must, prior to
appearance in court, hand over the assessment of a child in conflict
with the law to the prosecutor, with recommendations in respect of
suitable placement, including release in custody of parents or
placement in secure care facilities.
Information regarding children in the criminal justice system is
discussed on a monthly basis during ISCCJ meetings at national and
provincial levels. As part of this monthly meeting services rendered
to children are assessed and challenges identified. This includes
challenges in regard to the availability of probation officers and
facilities for detention of children and allows for provincial
management to address problems immediately and for national management
to be informed to assist and intervene where necessary.
Reply to question 940 approved by Minister