13.07.2015 Views

Children in Prison in South Africa - Community Law Centre

Children in Prison in South Africa - Community Law Centre

Children in Prison in South Africa - Community Law Centre

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Trial40. Parents or guardians should be traced beforematters are f<strong>in</strong>alised.41 .A separate juvenile court is required as part of the. new juvenile justice system, us<strong>in</strong>g less formal andmore appropriate procedures.Sentenc<strong>in</strong>g42.No child should be admitted to prison without aprobation officer's report (as discussed <strong>in</strong> theIssue Paper on Juvenile Justice).43.The custodial sentences of children should bereviewed on a regular basis by a competentauthority (see the Juvenile Justice Issue Paper).44. Awareness of and facilities for alternativesentenc<strong>in</strong>g and community based alternativesshould be developed.Lôtter JM (1988), "<strong>Prison</strong> Gangs <strong>in</strong> <strong>South</strong> <strong>Africa</strong>: Adescription", <strong>South</strong> <strong>Africa</strong>n Journal of Sociology,Volume 19, No 2: 71.Schur<strong>in</strong>k WJ (1989), The World of the Wetslaners: ananalysis of some organisational features <strong>in</strong> <strong>South</strong> <strong>Africa</strong>n<strong>Prison</strong>s. Acta Crim<strong>in</strong>ologica. Vol 1, No 2: 60-70<strong>South</strong> <strong>Africa</strong>n Constitution (1996)<strong>South</strong> <strong>Africa</strong>n <strong>Law</strong> Commission Issue Paper onJuvenile Justice, Issue Paper No 9 (1997)United Nations Convention on the Rights of the Child(1989) VUnited Nations Rules for the Protection of JuvenilesDeprived of their Liberty (1990). Defence for <strong>Children</strong>International, Geneva45.The bar council and the law society need to bemore <strong>in</strong>volved <strong>in</strong> educat<strong>in</strong>g their members aboutthe needs of the child who is conflict with the law'.They have to be <strong>in</strong>formed about the alternativesavailable to imprisonment.46. Release policy <strong>in</strong> respect of children should beformulated to assist, <strong>in</strong>ter alia, with earlyre<strong>in</strong>tegration <strong>in</strong>to society.47.Correctional supervision, a community basedoption for sentenced children, needs to beexplored and, if necessary, adaptations made toallow this punishment to suit children's needs.48.The problems of mak<strong>in</strong>g children <strong>in</strong> prison thecollective responsibility of several governmentdepartments needs to be re-exam<strong>in</strong>ed andrational solutions sought.RECOMMENDATIONS

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!