In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child, 1989, the Beijing Rules and the African Charter, relating to the protection of the rights of children were discussed focusing on the rights of children in conflict with the law. The important guidelines regarding the establishment of a minimum age for criminal capacity, detention, legal representation, diversion, sentencing, pre-sentence reports, child justice Courts and the confidentiality of children’s Court hearings were highlighted. The current positions in South African law with regard to these issues were discussed and the proposed provisions in the Child Justice Bill, 49 of 2002 were furnished. The research included all the magistrates in Gauteng that were in service during February 2003 and March 2003. Throughout the project the important role that forensic criminologists can and should play in a juvenile justice system was highlighted. / Criminology and Security Science / M.A.

The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored. The data collection tool for this study was a semi-structured interview schedule. Telephonic and face-to-face interviews were conducted with child justice and mental health experts from four provinces in South Africa, namely, KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape. These experts included psychiatrists, psychologists, social workers, academic professors of law, a criminologist and an advocate. Snowball sampling was employed and although this is a pure qualitative study, the open coding, axial coding and selective coding process from the grounded theory was applied to analyse and interpret the data. The findings from this study indicate that psychiatric disorders are a risk factor associated with the causation of criminal behaviour. A high prevalence of psychiatric disorders, such as intellectual disability, learning disorder, attention deficit hyperactivity disorder, oppositional defiant disorder and conduct disorder, were generally found in children in conflict with the law. The influence and consequences of these psychiatric disorders, in conjunction with environmental and societal factors, were found to influence criminal behaviour and were highlighted as factors that ought to be taken into consideration when determining the criminal capacity of a child who is in conflict with the law. Findings from the study identified that adequate recognition was not granted to the influence of a psychiatric disorder in the assessment of a child‟s criminal capacity. It was established that, in the criminal capacity assessment, the emphasis should not be on the psychiatric disorder per se, but on the effect that the disorder and associated symptoms may have on the child‟s ability to distinguish between the wrongfulness of their actions and to act in accordance with this understanding. Operational challenges and ambiguities identified in the legislative framework pertaining to child offenders with psychiatric disorders were found to negatively influence criminal capacity assessments for children in conflict with the law. The lack of services available to child offenders with psychiatric disorders, as well as child offenders without psychiatric disorders, was found to hamper the best interest of the children in conflict with the law. Lastly, legislative and service recommendations for good practice to deal with child offenders with psychiatric disorder were identified by the experts. / Criminology and Security Science / M.A. (Criminology)

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

Many young people in South Africa are involved in crime, especially violent crime. This statement is supported by statistics obtained from the Annual Report (2013:37) of the Judicial Inspectorate for Correctional Services which indicates that 26 282 young people were serving sentences in South African Correctional Centres at the end of the 2012/13 financial year. This annual report of the Department of Correctional Services (2013:13) indicates that at the time of the report, 11 000 offenders were sentenced to life imprisonment and a third of them were youth offenders. The majority of these young people have to be transferred from juvenile facilities to adult centres to continue their incarceration when they turn twenty one. This transition holds a number of challenges, both for these young people and the Department of Correctional Services. Young people are confronted with the reality of possibly falling victim to HIV/AIDS, gangs, sodomy and rape in overcrowded, adult correctional facilities. The Department of Correctional Services encounters problems in assisting these young people to adjust to this transition and the protection of these young people from assault and abuse by older inmates remains an institutional concern. The main aims of this research are to examine: the age at which juveniles are transferred to adult correctional centre to continue with their sentences; the factors taken into account before transfer; the challenges faced by youth offenders in adult correctional centre; and the needs of youth offenders in adult correctional facility. The study addresses the following questions: • At what age are youth offenders transferred to adult correctional centre? • What other factors besides age are considered before youth are transferred to adult correctional centre? • Are there any preparatory measures in place to assist youth with the transfer? • Are there any induction programmes available to assist youth adjusting in adult correctional facility? • What are the challenges faced by youth in adult facility? • What are the needs of youth offenders in adult facility? / Criminology and Security Science / M.A. (Criminology)

Annexure E: Criminal Capacity Check List (pages 61-62) is in English. The Afrikaans or Xhosa version of this document is also available on request / The aim of this explorative and descriptive study was to establish if criminologists could assist in the criminal capacity assessment of children in conflict with the law. A qualitative approach was utilised in order to obtain an in-depth understanding of the current criminal capacity assessment process and the role players involved in the process. Data were collected by means of a semi-structured interview schedule. Individual and focus group interviews were conducted with child justice practitioners. Purposive sampling was employed and data were analysed according to the methods of Rabiee as well as Morse and Field. The findings of this study indicate that the current one-dimensional medico-legal assessment approach is not in the best interest of the child. A shortage of human resources, ineffective assessment tools, inadequate training of role players, and operational problems in the criminal capacity assessment process, are all factors that hamper a successful child-centred approach. A multi-disciplinary approach was found to be the most suitable approach to assess children in conflict with the law. It was concluded that professionals from disciplines such as social work, criminology, probation work, psychology and psychiatry should form part of the multi-disciplinary criminal capacity assessment team. The important role that criminologists can play as part of this team was acknowledged in this study. It was furthermore established that the role and function of criminologists, as well as the study field of criminology, are still unfamiliar to various practitioners in the human sciences professions. Criminologists are also still regarded as crime researchers with limited practical applications in areas of the Criminal Justice System. / Criminology and Security Science / M.A. (Criminology)

The purpose of this study was to contextually describe and explore the experiences and challenges of the juvenile offenders and pre-trial diversion officers (PTD) involved in the pre-trial diversion programme (PTD) in the Chitungwiza community. In this study, the qualitative research methodology was applied. Research designs used were explorative, descriptive and contextual of nature. Furthermore, the multi-case studies design within the qualitative approach applied. The non-probability purposive and snow-balling sampling methods were used to select the sample from juvenile offenders and PTD officers who have been involved in the PTD programme. Qualitative data was collected using semi-structured interviews with an open-ended interview guide. The eight steps of Tesch (Creswell, 2009:186) were employed to analyse the data. To demostrate the trustworthiness of the research findings, the researcher used Guba`s model (Krefting, 1991:214-222). The findings of the study established that most children commit criminal offences due to socio-economic reasons and that the pre-trial diversion programme is largely effective in the rehabilitation of juvenile offenders. Recommendations were made for the PTD programme to activate socio-economic interventions and improve resources allocation in order to enhance service delivery. / Social Work / M.A. (Social Work)

Throughout the world, the need to protect children’s rights has proliferated through international conventions and national laws, therefore, parents add immense value as participants in diversion programmes. The dearth of research studies on parents as participants in diversion programmes is documented internationally and in South Africa. This is an exploratory-descriptive- contextual and phenomenological study that is steeped in qualitative research approach. The study was guided by Risk-Need Responsivity Model for offender assessment and rehabilitation (Bonta & Wormith, 2010). Data collection was done through semi-structured, face-to-face interviews. Snow-ball and purposive sampling were used. Prior to actual data collection, pilot testing was conducted to determine the validity and reliability of the data collection tool. Data was analysed through thematic content in accordance with Creswell’s (2014:196) six steps of data analysis and verified according to Lincoln and Guba’s model of 1994 and Yin’s 2018 model. In order to ensure adherence to ethical prescripts, the following were applied throughout the study; informed consent, confidentiality, anonymity, beneficence, management of information and debriefing. The key finding is that parents are not involved in the diversion prorammes. This study will close literature gap whilst it recommends development of policy guidelines for parental involvement in diversion. / Social Work / M.A.(Social Work)

The aim of this explorative and descriptive study was to develop an action plan for criminologists to become specialised practitioners within the South African child justice system. An exploratory, sequential, mixed-methods approach was used, where data was collected during the first phase using a self-administered, semi-structured questionnaire, including closed- and open-ended questions. The questionnaire was distributed to members of the Criminological Society of Africa (CRIMSA), as well as criminologists, magistrates, and other experts in the field of child law, known to the researcher. Sixteen questions were posed to collect data, consisting of nine Likert scale questions and seven open-ended questions. A semi-structured interview schedule was employed during the second phase of the study, to conduct 22 face-to-face and telephonic interviews with experts in the field of child law, probation officers, social workers, and criminologists. Descriptive data analysis was utilised during the first, and thematic analysis during the second phase of this study. The findings indicate that the absence of a regulating, professional body, limits career opportunities for criminologists as far as exercising their skills in practice. Furthermore, it was established that the role and function of criminologists, and the academic field of criminology, remain unfamiliar to various practitioners in the human science professions. Subsequently, criminologists are often considered mere crime researchers with limited applied skills for use in the South African criminal justice system. Though it was proven that, at least to some degree the academic training of criminologists is deficient, it was established that criminologists have a unique skill-set that places them in a unique position to execute various functions within the child justice sector as part of a multi-disciplinary team. Findings suggest that the Child Justice Act (75 of 2008) should be amended to facilitate the inclusion of criminologists in the South African child justice sector. / Die doel van hierdie verkennende en beskrywende studie was om ʼn aksieplan vir kriminoloë te ontwikkel om hulle in staat te stel om gespesialiseerde praktisyns in die Suid-Afrikaanse kindergeregtigheidstelsel te word. ʼn Verkennende, opeenvolgende, gemengdemetode-benadering is gebruik waar data gedurende die eerste fase ingesamel is deur middel van ’n selfgeadministreerde vraelys, wat geslote en oop vrae ingesluit het. Die vraelys is versprei onder lede van die Kriminologiese Vereniging van Suider-Afrika (CRIMSA), asook kriminoloë, landdroste en ander kundiges op die gebied van kinderreg wat aan die navorser bekend is. Altesame 16 vrae is gestel om data in te samel, wat uit nege Likert-skaalvrae en sewe oop vrae bestaan het. ’n Halfgestruktureerde onderhoudrooster is gedurende die tweede fase van die studie gebruik om 22 onderhoude van aangesig tot aangesig asook telefoniese onderhoude met kundiges op die gebied van kinderreg, proefbeamptes, maatskaplike werkers en kriminoloë te voer. Beskrywende dataontleding is gedurende die eerste, en tematiese ontleding gedurende die tweede fase van hierdie studie gebruik. Die bevindings dui aan dat die afwesigheid van ’n regulatoriese, professionele liggaam loopbaangeleenthede vir kriminoloë beperk wat die uitoefening van hul vaardighede in die praktyk betref. Daar is voorts vasgestel dat die rol en funksie van kriminoloë, en die akademiese gebied van kriminologie, onbekend aan verskeie praktisyns in die geesteswetenskapberoepe is. Kriminoloë word gevolglik dikwels bloot as navorsers met beperkte toegepaste vaardighede vir gebruik in die Suid-Afrikaanse strafregspleging beskou. Hoewel bewys is dat die akademiese opleiding van kriminoloë in ’n mate ontoereikend is, is vasgestel dat kriminoloë ’n unieke stel vaardighede besit wat hulle in ’n unieke posisie plaas om as deel van ’n multidissiplinêre span verskeie funksies in die kindergeregtigheidsektor uit te voer. Bevindings dui daarop dat die “Child Justice Act” 75 van 2008 gewysig behoort te word om vir die insluiting van kriminoloë in die Suid-Afrikaanse kindergeregtigheidsektor voorsiening te maak. / Sepheo sa phuputso ena ya kutullo le tlhaloso e ne e le ho hlahisa morero wa ketso bakeng sa ditsebi tsa tsa botlokotsebe hore ebe basebetsi ba ikgethang sistiming ya Afrika Borwa ya toka ya bana. Ho latetswe katamelo ya kutullo, ya mekgwa e kopaneng e latellanang. Tlhahisoleseding e bokelleditswe nakong ya mokgahlelo wa pele wa phuputso ho sebediswa lethathamo le dipotso le iketsetswang, le nang le sebopeho se sa fellang le nang le dipotso tse kwetsweng le tse butsweng. Lethathamo la dipotso le fuwe ditho tsa Mokgatlo wa Ditsebi tsa tsa Botlokotsebe le Ditsebi tsa tsa ho ba Phofu wa Afrika e Borwa (Criminological Society of Southern Africa (CRIMSA)), hammoho le ditsebi tse ding tsa tsa botlokotsebe, bommasterata le ditsebi tse ding lekaleng la molao wa bana. Ho botsitswe dipotso tse 16 ho bokella tlhahisoleseding; di ne di kenyelletsa dipotso tse robong tsa Likert-scale le tse supileng tse butsweng. Tlhophiso ya sebopeho se sa fellang ya inthavu e sebedisitswe mokgahlelong wa bobedi wa phuputso ho etsa diinthavu tsa phuputso tsa batho ba shebaneng mahlong le tsa mohaleng le ditsebi lekaleng la molao wa bana, diofisiri tsa batshwaruwa ba sa tswa lokollwa, di-social worker le ditsebi tsa tsa botlokotsebe. Manollo ya tlhaloso ya datha e sebedisitswe nakong ya mokgahlelo wa pele wa phuputso le manollo ya ditema nakong ya mokgahlelo wa bobedi. Diphetho di supa hore tlhokeho ya setheo se laolang sa seprofeshenale e sitisa menyetla ya mesebetsi ya ditsebi tsa tsa botlokotsebe hobane e kgina menyetla ya bona ya ho sebedisa ditsebo tsa bona tshebetsong. Ho feta moo, ho fumanwe hore mosebetsi wa ditsebi tsa tsa botlokotsebe, lekala la dithuto lefapheng la tsa botlokotsebe, di ntse di sa tsebahale ho basebetsi ba fapaneng diprofesheneng tsa mahlale a botho. Ka lebaka leo, ditsebi tsa tsa botlokotsebe hangata di nkwa e le bafuputsi feela ba tsa botlokotsebe ba nang le botsebi bo itseng ba ka nkang karolo sistiming ya Afrika Borwa ya toka ya botlokotsebe. Leha ho ile hwa pakwa hore thupelo dithutong tsa ditsebi tsa tsa botlokotsebe e ya fokola ka tsela e itseng, ho fumanwe hore ditsebi tsa tsa botlokotsebe di na le bokgoni bo ikgethileng bo di behang sebakeng se ikgethileng sa ho etsa mesebetsi e fapaneng lekaleng la toka ya bana jwalo ka karolo ya dihlopha tsa mafapha a fapaneng. Diphetho di supa hore Molao wa Toka ya Bana (75 wa 2008) o lokela ho fetolwa ho dumella kenyelletso ya ditsebi tsa tsa botlokotsebe lekaleng la toka ya bana Afrika Borwa. / Criminology and Security Science / Ph. D. (Criminal Justice)

Summary in Afrikaans and English / Although the rights of children in South Africa are being regulated by legislation, statistics prove that statutory services on behalf of children annually increase. Scientific accountable information regarding the child can be obtained by the assessment of the child. The purpose of this investigation was to identify the gaps in the existing assessment guidelines, as well as the needs of social workers regarding assessments. The sequential exploratory strategy was utilized, as quantitative data supported qualitative findings. The investigation showed that minimal assessment literature is available in South Africa and internationally, although assessment is the basis evidence of the social worker. The biggest gap in assessment guidelines is that assessment does not carry weight in the court. There is a need for social workers to be trained in relevant assessment skills based on a specific frame of reference. Gestalt therapy can provide a suitable theoretical frame of reference for assessment, and can serve as scientific foundation for social workers during the statutory process. A framework for an assessment guideline was thus proposed. / Ten spyte daarvan dat die regte van kinders in Suid-Afrika deur wette gereguleer word, bewys statistiek dat statutere dienste aan kinders jaarliks toeneem. Wetenskaplik verantwoordbare inligting ten opsigte van die kind kan bekom word deur die kind te assesseer. Die doel van hierdie ondersoek was om leemtes wat in bestaande assesseringsriglyne is vas te stel, asook die behoeftes wat by maatskaplike werkers ten opsigte van assessering bestaan. Die opeenvolgende verkennende strategie is tydens hierdie ondersoek gevolg, aangesien kwantitatiewe data gebruik is om die kwalitatiewe bevindings te ondersteun. Die ondersoek het getoon dat min literatuur ten opsigte van assessering in Suid-Afrika en internasionaal beskikbaar is, ten spyte daarvan dat assessering die basis van die getuienis van die maatskaplike werker vorm. Die grootste leemte wat in assesseringsriglyne ge'identifiseer is, is die feit dat assessering nie gewig in die hof dra nie. 'n Behoefte ten opsigte van opleiding in toepaslike assesseringsvaardighede vanuit 'n spesifieke teoretiese verwysingsraamwerk bestaan. Gestaltterapie kan 'n teoretiese verwysingsraamwerk vir assessering bied en kan dien as wetenskaplike fundering vir optrede van maatskaplike werkers tydens die statutere proses. 'n Raamwerk vir 'n assesseringsriglyn is voorgestel. / Social Work / M. Diac. (Play Therapy)