Unit 3 – Pre-trial Procedures for Children

Question 1

What is one of the primary objectives of the Child Justice Act?

Answer 1

Answer: To protect children’s constitutional rights. Explanation: The Act aims to safeguard the rights of children as enshrined in the Constitution, ensuring their dignity and fair treatment.

Question 2

What does the Child Justice Act promote in terms of cultural values?

Answer 2

Answer: The spirit of Ubuntu, respecting children’s dignity and involving family. Explanation: Ubuntu emphasizes humanity and interconnectedness, which are integral to the treatment of children under the Act.

Question 3

How does the Child Justice Act aim to prevent children from facing negative impacts of the criminal justice system?

Answer 3

Answer: Through diversion. Explanation: Diversion programs redirect children away from formal criminal proceedings, focusing on rehabilitation and avoiding stigmatization.

Question 4

What is the role of government cooperation under the Child Justice Act?

Answer 4

Answer: To promote a holistic approach. Explanation: The Act encourages collaboration among government entities to address children’s needs comprehensively.

Question 5

What must the consequences of a crime fit with under the Child Justice Act?

Answer 5

Answer: The child’s circumstances. Explanation: The Act ensures that penalties are tailored to the child’s individual situation, promoting fairness and rehabilitation.

Question 6

How should children be treated compared to adults in similar situations?

Answer 6

Answer: Children should not be treated more harshly than adults. Explanation: The Act emphasizes equal treatment and avoids excessive punishment for children.

Question 7

Why should children be involved in proceedings where possible?

Answer 7

Answer: To ensure their participation and understanding of the process. Explanation: Involvement helps children take responsibility and understand the implications of their actions.

Question 8

How should children be addressed during proceedings?

Answer 8

Answer: In ways suitable for their age and intellect. Explanation: Communication should be age-appropriate to ensure children comprehend the proceedings.

Question 9

What cultural aspect must be considered under the Child Justice Act?

Answer 9

Answer: The child’s cultural values. Explanation: Respecting cultural values ensures that the child’s background is acknowledged and integrated into the justice process.

Question 10

What is the principle regarding delays in procedures under the Child Justice Act?

Answer 10

Answer: Procedures should not be delayed unnecessarily. Explanation: Timely proceedings prevent prolonged stress and uncertainty for the child.

Question 11

What age group does Section 4(1) of the Child Justice Act apply to?

Answer 11

Answer: Children under 12 at the time of the offence. Explanation: The Act provides special provisions for children below the age of criminal responsibility.

Question 12

What age group does Section 4(2) of the Child Justice Act apply to?

Answer 12

Answer: Children over 12 but under 18, when given a written notice, summons, or arrested. Explanation: This section covers children who are legally accountable but still require special treatment.

Question 13

Under what circumstances does Section 4(3) apply to individuals over 18 but under 21?

Answer 13

Answer: Under specific directives from the NDPP. Explanation: The NDPP may direct that certain cases involving young adults be handled under the Child Justice Act.

Question 14

How does the Child Justice Act define a “child”?

Answer 14

Answer: Any person under the age of 18, and in certain circumstances, a person aged 18 to 21. Explanation: The Act extends its definition to include young adults in specific cases under Section 4(2).

Question 15

What happens when a child and an adult are charged together in the same trial?

Answer 15

Answer: The court applies the Child Justice Act for the child and the CPA for the adult. Explanation: This ensures that the child receives special treatment while the adult is tried under standard criminal procedures

Question 16

What must happen to a child under 12 years old accused of committing an offence?

Answer 16

Answer: They must be referred to a probation officer to be dealt with according to Section 9. Explanation: Children under 12 lack criminal capacity and are handled through alternative measures rather than prosecution.

Question 17

What must happen before a child aged 12 or older appears at a preliminary inquiry?

Answer 17

Answer: They must be assessed by a probation officer unless the assessment is waived under Section 41(3) or 47(5). Explanation: Assessment ensures the child’s circumstances are understood and appropriate measures are taken.

Question 18

When is a preliminary inquiry not required for a child aged 12 or older?

Answer 18

If the case has been diverted under Chapter 6.

If the child is 12 to 14 years old and criminal capacity is unlikely to be proven.

If the case has been withdrawn. Explanation: These exceptions streamline the process and avoid unnecessary inquiries.

Question 19

When can a case be considered for diversion?

Answer 19

By a prosecutor under Chapter 6.

During the preliminary inquiry under Chapter 7.
Explanation: Diversion focuses on rehabilitation and avoids formal criminal proceedings.

Question 20

What does Section 7(1) state about children under 12 years old?

Answer 20

Answer: They lack criminal capacity and cannot be prosecuted. Explanation: This provision protects young children from the criminal justice system and focuses on alternative measures.

Question 21

What is presumed about children aged 12 to 13 who commit an offence?

Answer 21

Answer: They are presumed to lack criminal capacity unless the State proves otherwise under Section 11. Explanation: This presumption ensures that children are not unfairly prosecuted without evidence of capacity.

Question 22

What does Section 7(3) change about common law regarding children under 14 years old?

Answer 22

It modifies the common law to align with the provisions of the Child Justice Act. Explanation: This ensures consistency and fairness in handling cases involving young children.

Question 23

What factors must a prosecutor consider when deciding to prosecute a child aged 12–13?

Answer 23

The child’s age, maturity, cognitive ability, domestic and environmental circumstances, and educational level.

The nature and seriousness of the alleged offence.

The impact of the alleged offence on the victim.

The community’s interests.

A probation officer’s assessment report.

The prospects of proving criminal capacity.

The appropriateness of diversion.

Any other relevant factors.

Explanation: These factors ensure that the decision is fair and considers the child’s circumstances.

Question 24

What happens if the prosecutor believes criminal capacity is likely to be proven?

Answer 24

Answer: The matter can be diverted under Chapter 6 (for Schedule 1 offences) or referred to a preliminary inquiry under Chapter 7.
Explanation: This allows for appropriate handling of the case based on the child’s capacity and the offence’s seriousness.

Question 25

What happens if criminal capacity is not likely to be proven?

Answer 25

The child may be referred to a probation officer for action under Section 9. Explanation: This ensures that the child receives support and intervention rather than prosecution.

Question 26

What does the Child Justice Act provide for during the pre-trial stage?

Answer 26

Special measures to ensure the best interests of the child are upheld. Explanation: These measures protect children and ensure fair treatment during legal proceedings.

Question 27

What must happen to a child irrespective of being arrested or detained?

Answer 27

Answer: They must be assessed. Explanation: Assessment ensures that the child's needs and circumstances are understood and addressed.

Question 28

What is one purpose of assessment under Section 35?

Answer 28

To establish whether a child needs care or protection and refer them to a children's court if necessary. Explanation: This ensures that vulnerable children receive appropriate support and intervention.

Question 29

What must the probation officer explain during the assessment under Section 39(1)?

Answer 29

Answer: The assessment's purpose, the child's rights, and the process, and ask if the child intends to admit responsibility for the offence. Explanation: This ensures that the child understands the process and their rights.

Question 30

What does Section 36(1)(b) state about information provided during an assessment?

Answer 30

It is inadmissible as evidence during any bail application, plea, trial, or sentencing proceedings. Explanation: This protects the child's confidentiality and ensures that assessment information is used only for authorized purposes

Question 31

What must happen to a child under 12 years old accused of committing an offence?

Answer 31

Answer: They must be referred to a probation officer to be dealt with according to Section 9. Explanation: Children under 12 lack criminal capacity and are handled through alternative measures rather than prosecution.

Question 32

What must happen before a child aged 12 or older appears at a preliminary inquiry?

Answer 32

Answer: They must be assessed by a probation officer unless the assessment is waived under Section 41(3) or 47(5). Explanation: Assessment ensures the child's circumstances are understood and appropriate measures are taken.

Question 33

When is a preliminary inquiry not required for a child aged 12 or older?

Answer 33

If the case has been diverted under Chapter 6. If the child is 12 to 14 years old and criminal capacity is unlikely to be proven. If the case has been withdrawn. Explanation: These exceptions streamline the process and avoid unnecessary inquiries.

Question 34

When can a case be considered for diversion?

Answer 34

By a prosecutor under Chapter 6. During the preliminary inquiry under Chapter 7. Explanation: Diversion focuses on rehabilitation and avoids formal criminal proceedings.

Question 35

What does Section 7(1) state about children under 12 years old?

Answer 35

Answer: They lack criminal capacity and cannot be prosecuted. Explanation: This provision protects young children from the criminal justice system and focuses on alternative measures.

Question 36

What must a police officer do if they suspect a child under 12 of committing an offence?

Answer 36

Hand the child over to their parents, an appropriate adult, or a guardian. If no suitable person is available, take the child to a child and youth care centre. Notify a probation officer. Explanation: These steps ensure the child is handled appropriately and their best interests are prioritized.

Question 37

Within what timeframe must a probation officer assess a child under 12 after being notified by the police?

Answer 37

Within seven days. Explanation: Timely assessment ensures the child's needs and circumstances are addressed promptly.

Question 38

What actions can a probation officer take after assessing a child under 12?

Answer 38

Refer the child to the children's court. Refer the child for counselling or therapy. Refer the child to an accredited program tailored for children under 12. Arrange support services for the child. Arrange a meeting with the child, their parent or guardian, and other relevant persons. Take no action.

Question 39

What is the purpose of the meeting arranged by the probation officer under Section 9(4)?

Answer 39

To gather more information about the child’s case and develop a written plan that suits the child and their circumstances. Explanation: This ensures that the child's situation is thoroughly understood and addressed appropriately.

Question 40

What does Section 28 of the Child Justice Act state about detaining children?

Answer 40

Children must not be detained except as a last resort and only for the shortest appropriate time. . | protects children from unnecessary detention plus ensures their rights

Question 41

Under what conditions can a child aged 12 or older but below 18 be arrested for a Schedule 1 offence?

Answer 41

Only if there are compelling reasons, such as no fixed address, likelihood of reoffending, or posing a danger to others or themselves. Explanation: Arrest is restricted to ensure it is used only when absolutely necessary.

Question 42

What must happen if a child arrested for a Schedule 1 offence cannot be released?

Answer 42

The police must explore the least restrictive options for detention, including a child and youth care centre if suitable. Explanation: This ensures that detention is appropriate and minimizes harm to the child.

Question 43

What happens if no suitable child and youth care centre is available for a detained child?

Answer 43

The child may be detained in a police cell or lock-up. Explanation: This is a last resort when no other options are available.

Question 44

Where should a child aged 10–14 charged with any offence be detained before their first appearance at a preliminary inquiry?

Answer 44

Answer: In a child and youth care centre, if available. Explanation: This ensures the child is detained in an environment suitable for their age and needs.

Question 45

Where should a child aged 14 or older charged with a Schedule 1 or 2 offence be detained before their first appearance?

Answer 45

Answer: In a child and youth care centre, if available. Explanation: This prioritizes the child's welfare and avoids detention in police cells whenever possible.

Question 46

Where should a child aged 14 or older charged with a Schedule 3 offence be detained before their first appearance?

Answer 46

Answer: In a police cell or lock-up. Explanation: This reflects the seriousness of Schedule 3 offences and the lack of alternative detention options.

Question 47

What can the presiding officer order during the child’s proceedings under Section 30?

Answer 47

Answer: Further detention in either a child and youth care centre or prison. Explanation: This decision is based on the child's circumstances and the nature of the offence.

Question 48

What must the investigating officer do if a child is not released from detention?

Answer 48

Answer: Submit a written report to the inquiry magistrate explaining the reasons for continued detention. Explanation: This ensures accountability and transparency in decisions regarding the child's detention.

Question 49

What factors must the investigating officer reference in their report to the magistrate?

Answer 49

The reasons for continued detention, especially in reference to the factors mentioned in the Child Justice Act. Explanation: This ensures that the magistrate has all relevant information to make an informed decision.