Seattle University Collaborative Projects - International Academy of ...

Renewing and Prolonging Sentences: Dutch Variations on South African Two-Stage SentencingMarijke Drost, Sub Rosa Psychiatric Expertise, Utrecht, Netherlands (deweertdrostm@ziggo.nl)Similarities and differences between Section 286A of the South African Criminal Procedure Act(two-stage sentencing) and the Dutch law for mentally ill offenders (adults and minors) will bediscussed. The TBS-system for adults and the PIJ-measure for children and adolescents aged 12-23 share the dual purpose of protecting society and treatment/rehabilitation for the mentally illoffender or disturbed child. If the risk of serious reoffending remains unchanged, the TBSmeasurecan last for life, sometimes in a special longstay unit without the perspective ofrehabilitation. The TBS-measure for adults will be regularly evaluated by a judge, even in alongstay situation. Assessment by an independent psychologist and psychiatrist will be done atthese occasions. The PIJ-measure will expire at the age of 23, without re-assessment of theoriginal sentence. Some politicians have proposed to increase the maximum sentence for 16-and17-year-olds, and to make it possible to convert the PIJ-measure into a TBS-measure for adults.A child could thus remain in the system for a very long time. These proposals have met withmuch criticism.Section 76(3) of the Child Justice Act 2008: A Disguised Route to Prison or anIncentive for a Child to Improve and be Able to Benefit through an EarlyRelease?Annette van der Merwe, University of Pretoria (Annette.vandermerwe@up.ac.za)The Child Justice Act 2008 (s 76(3)) introduced a new type of sentence applicable to childoffenders who commit serious crimes in South Africa, and which, if committed by an adult,would have justified a term of imprisonment exceeding 10 years. In such cases, the court may, ifsubstantial and compelling circumstances exist, in addition to a child and youth care sentence (s76(1)&(2)), sentence the child to a period of imprisonment to be served after completion of thetime at the child and youth care centre (CYCC). The child will, however, first appear before thechild justice court for reconsideration of the sentence of imprisonment in the light of a reportprepared by the head of the CYCC. This paper examines the following aspects: the history of andrationale for this section, the requirements for its application, the required report and the extentto which the CYCCs can make this sentence work well for young people if they can encouragethe young person to behave well during his or her time at the CYCC. Foreign jurisdictions, suchas Canada and England, are also briefly evaluated for comparison in this regard.404