What is the primary aim of the Child Justice Act 75 of 2008?
The purpose of the Act is to establish a criminal justice process for children accused of commiting offences and aims to protect the rights of children.
What is child justice diversion?
DIVERSION. Diversion can be defined as the channelling of criminal cases involving a child away from the criminal justice system with or without conditions.
How does diversion operate?
Diversion is based on the principles of restorative justice, which requires that offenders accept responsibility for the crime committed, make amends for their misdeeds and initiating a healing process for themselves, their families, the victims and the community.
What is the aim of the Child Justice Act?
The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to be tried and sentenced in child justice courts.
What happens if a child commits a crime?
Typically, if a minor — a child under the age of 18 — commits a crime, he or she will be go into the juvenile justice system. In the juvenile court system, cases are tried in generally the same way as in the adult court system, but with one major exception: they are not entitled to a trial by jury.
Can a 7 year old go to jail?
Every state has different laws concerning how old someone must be before they are considered mature enough to be put in jail. However, most states won’t arrest anyone under the age of 8 years old. Although most states allow a juvenile of 8 years old to be sent to jail, it is only in rare cases that they are sent there.
Can a 5 year old commit a crime?
In NSW, anyone under the age of 18 years of age is considered to be a child in the eyes of the law. While anyone under the age of 18 is considered to be a child, not a child can only be charged with a criminal offence if they are above the age of criminal responsibility. In NSW, this is presently10 years of age.
How many rights does a child have?
The Convention has 54 articles that cover all aspects of a child’s life and set out the civil, political, economic, social and cultural rights that all children everywhere are entitled to. It also explains how adults and governments must work together to make sure all children can enjoy all their rights.
What was the child Justice Act of 2008?
AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 32225 GOVERNMENT GAZETTE, 11 MAY 2009 Act No. 75. 2008 CHILD JUSTICE Aer, 2008 (English text signed by the President.) (Assented to 7 May 2009.)
What are the diversion options under the child Justice Act?
The Child Justice Act provides for two levels of diversion. Level one diversion options apply to Schedule 1 offences (least serious offences) and include options such as: • a compulsory school attendance order. NOTE: Child Justice Act: Accreditation of diversion programmes and diversion service providers: Invitation to apply.
What are the benefits of the child Justice Act?
The Child Justice Act will have long-term benefits for children and the country as a whole. It allows for a justice system that heals children and those who were affected by a child’s action, encourages forgiveness and rehabilitation and looks after the needs and rights of children and victims.
What are the objects of the child Justice Act?
Objects of Act 3. Guiding principles CHAPTER 2 APPLICATION OFACT, CRIMINALCAPACITY OF CHILDREN UNDER THE 10 AGE OF 14 YEARS AND MAITERS RELATED TO AGE PART 1: APPLICATION OF ACT 4. Application of Act 5. Manner of dealing with children who are alleged to have committed offences 6.