The SA Police Service (SAPS) has outlined new national instructions on how officers should deal with children younger than 12 who come into conflict with the law.
This comes after the justice and correctional services department raised the minimum age of criminal capacity for children from 10 to 12 years.
Children younger than 12 may not be charged, arrested or prosecuted.
According to the department's spokesperson Chrispin Phiri, such cases may be dealt with by social workers, outside the criminal justice system.
“Children below the minimum age of criminal capacity of 12 years may no longer be arrested/charged by the SAPS and may also not be prosecuted for the commission of a criminal offence.
“Such children who may have committed crimes must be dealt with outside the criminal justice system by social workers, who may refer the child to a children’s court for their directions,” said Phiri.
He said though children between 12 and 14 were considered incapable of having criminal capacity, they may be arrested if the state proves beyond a reasonable doubt they have the capacity to distinguish between right and wrong.
“The state must prove that they had the capacity to appreciate the difference between right and wrong and the capacity to act in accordance with this appreciation at the time of the commission of the offence.”
Dealing with criminals older than 12
The SAPS urged officers to use a different set of rules when engaging offenders older than 12.
“If a member is not available at the scene, but the parent or guardian of the child is willing and able to bring the child to the police station, arrange with the parent or guardian to bring the child to the police station,” it said.
Arresting the child should be a last resort and only used in exceptional circumstances where the member has reason to believe that the child:
- Does not have a fixed residential address
- Has absconded from foster care, a child and youth care centre or temporary safe care
- Is likely to continue to commit offences, unless he or she is arrested
- Will pose a danger to any person (including himself or herself) unless arrested
- Is likely to destroy or tamper with evidential material relating to the offence
- Is likely to interfere with the investigation into the offence unless arrested
- The offence is in progress and is not yet completed.
Top crimes committed by children under 18
The department last week revealed that the top crimes that children under the age of 18 were convicted of and imprisoned for were housebreaking with the intent to steal, theft, rape and murder.
The information was contained in the 2020/2021 interdepartmental annual reports on the implementation of the Child Justice Act.
“It is quite alarming that rape and murder were in the top three crimes as this means that the perpetrators of gender-based violence and femicide (GBVF) are getting younger to unfathomable age groups in SA,” the department said.
“Interventions against GBVF must therefore start from early stages of development and be incorporated at elementary schools.”
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A child younger than 12 cannot be arrested — here are the new rules for dealing with child criminals
Image: 123RF/BELCHONOK
The SA Police Service (SAPS) has outlined new national instructions on how officers should deal with children younger than 12 who come into conflict with the law.
This comes after the justice and correctional services department raised the minimum age of criminal capacity for children from 10 to 12 years.
Children younger than 12 may not be charged, arrested or prosecuted.
According to the department's spokesperson Chrispin Phiri, such cases may be dealt with by social workers, outside the criminal justice system.
“Children below the minimum age of criminal capacity of 12 years may no longer be arrested/charged by the SAPS and may also not be prosecuted for the commission of a criminal offence.
“Such children who may have committed crimes must be dealt with outside the criminal justice system by social workers, who may refer the child to a children’s court for their directions,” said Phiri.
He said though children between 12 and 14 were considered incapable of having criminal capacity, they may be arrested if the state proves beyond a reasonable doubt they have the capacity to distinguish between right and wrong.
“The state must prove that they had the capacity to appreciate the difference between right and wrong and the capacity to act in accordance with this appreciation at the time of the commission of the offence.”
Dealing with criminals older than 12
The SAPS urged officers to use a different set of rules when engaging offenders older than 12.
“If a member is not available at the scene, but the parent or guardian of the child is willing and able to bring the child to the police station, arrange with the parent or guardian to bring the child to the police station,” it said.
Arresting the child should be a last resort and only used in exceptional circumstances where the member has reason to believe that the child:
Top crimes committed by children under 18
The department last week revealed that the top crimes that children under the age of 18 were convicted of and imprisoned for were housebreaking with the intent to steal, theft, rape and murder.
The information was contained in the 2020/2021 interdepartmental annual reports on the implementation of the Child Justice Act.
“It is quite alarming that rape and murder were in the top three crimes as this means that the perpetrators of gender-based violence and femicide (GBVF) are getting younger to unfathomable age groups in SA,” the department said.
“Interventions against GBVF must therefore start from early stages of development and be incorporated at elementary schools.”
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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