The increased incidence of children committing crime and the realisation that the existing legislature dealing with offenders failed to cater for the rights and needs of child offenders gave rise to the introduction of the Child Justice Act 75 of 2008. This Act enables the South African criminal justice system to deal with children in a manner appropriate to their developmental stage. One of the initiatives introduced by the Act is termed ‘diversion’, where children are diverted from the criminal justice system into restorative developmental programmes, offered by organisations such as NICRO (National Institute for Crime Prevention and the Reintegration of Offenders). Their parents or guardians are tasked with the responsibility of monitoring their compliance with the diversion order in terms of Section 24(5) of the aforementioned Act. The monitoring responsibility assigned to the parents of diverted adolescents prompted the research question and aim of this study, namely to explore parents’ experiences in monitoring their adolescents’ compliance with diversion orders and to identify service needs in supporting parents in fulfilling their role as stipulated in the Act. This was a qualitative study that was exploratory-descriptive and contextual in nature. A non-probability purposive sampling technique was employed to identify the parents or guardians of adolescents aged 14 to 17 years that had been diverted to NICRO between June 2011 and June 2012. Individual semi-structured interviews were conducted with the selected parents, and the data collected was analysed using thematic data analysis. The trustworthiness of the research process and the findings was enhanced by employing a variety of data verification strategies. This research contributes to a greater understanding of parents’ monitoring experiences of their adolescents’ compliance with diversion orders. The study revealed that most parents experienced their role as an additional responsibility; they needed access to counseling and information on the child justice process.

The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.

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Investigates to which extent the Mauritius government programmes and policies address the need for reform and reintegration of juvenile detainees. The specific objectives of the author are: a) To layout the normative content of both the international and regional legal framework on the reform and reintegration of juvenile detainees. b) To establish to what extent the government of Mauritius has adopted and implemented legislation, policies and practical programmes in the Juvenile Justice System (JJS) that are in conformity with the international principles on JJS and secure successful rehabilitation and reintegration of juveniles in detention. c) To identify the challenges faced by stakeholders in implementing the relevant programmes and d) To suggest steps that can be taken by both Mauritius and other African governments to transform the JJS to guarantee rehabilitation and reintegration of juveniles. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The purpose of this study was to discover the current awareness of speech-language pathologists (SLPs) regarding the link between language disorder and the juvenile justice system. It is to consider how speech-language pathology, as a profession, think about the implications of language disorder on life outcomes as well as determine the need for speech-language intervention within the juvenile justice system. A Google Form was created and distributed to current speech-language pathologists that have their Certificate of Clinical competence, and have experience working with students in the educational setting. Results suggest SLPs are aware of the link between LD and the juvenile justice system as well as the aspects of language found difficult for these young offenders, but training and professional development on this topic is minimal. Participants report an interest in interprofessional practice and are positioned to become advocates for young offenders with LD in the juvenile justice system.

Topic: Structuring of inpatient behavioral programming in child-adolescent psychiatric, residential treatment, and juvenile justice settings. Purpose: To review the underlying theory underpinning current practices and recommend remedies to the uncovered problems. Sources: A review of the literature from 1965 to 2001 from selected nursing and medical psychiatric and mental health publications. Conclusions: Intensive professional and staff education and greater precision in communication about patients' behaviors are needed in many settings. There is also a need to move away from generic treatment approaches and return to individual treatment planning based on individual assessments and the unique needs of an increasingly volatile and complex in-patient population.

Juvenile direct-care officers working in juvenile correctional facilities historically responded to critical and potentially aggressive incidents using nontherapeutic strategies. The purpose of this study was to examine and to understand the lived experiences of direct-care officers' use of de-escalation skills for managing violent and disruptive behaviors in juvenile correctional facilities. The findings from this study may add to the existing literature by describing juvenile correctional officers' experiences as well as to better understand their perceptions and attitude using de-escalation strategies in correctional environments. The social learning and self-efficacy theories provided the conceptual framework to examine and understand their experiences. The phenomenological design was used to examine the lived experiences of 9 juvenile direct-care officers use of de-escalation strategies to respond to disruptive and aggressive incidents within the juvenile correctional facility. The 9 direct-care officers participated in audio-recorded interviews that were transcribed and analyzed using Moustakas's phenomenological steps that identified 3 themes using de-escalation strategies: to avoid use of force and reduce liability of injuries; to resolve conflicts using their words to de-escalate the youth or the situation; and to use according to their training, perceived level of confidence, and effectiveness of de-escalation strategies. Understanding direct-care officers' perceptions of use of de-escalation may result in positive social change for fostering caring and safe living correctional environments and strengthen current training curriculums for working with aggressive and disruptive behaviors.

Effective intervention programs play a fundamental role in reducing rates of juvenile delinquency. Cognitive behavioral therapy (CBT) is an evidence-based psychotherapy that is strongly supported by research (ACT, 2010). Moral Kombat (MK) is an intervention that combines character-building and CBT concepts in programs for at-risk and delinquent juveniles with the goal to change their belief systems, thus improving their behaviors (Marchant, 2009). The purpose of the study was to evaluate the extent to which MK incorporates the principles identified in the literature as necessary for a CBT program to be successful. The occurrences of the 11 CBT principles identified in the literature found in the MK participant manuals were counted. MK appears to be a structurally sound program that has the potential to help participants but includes barriers to success such as resistance due to compelled attendance, social factors, costs, and inability to meet participant-specific therapy needs.