No more handcuffs for child offenders

The Eugene Terre Blanche murder trial will be the test case for the new Child Justice Act, which came into law just two days before the AWB leader was killed.

The new law drastically changes how under-18s are treated by the legal system.

Now, when a minor is accused of a crime, a whole set of new procedures kicks in immediately and provides for children to be treated very differently to their adult counterparts.

National Prosecuting Authority spokesman Mthunzi Mhaga said a child who was arrested for a crime, like in the Terre Blanche case, had to be assessed by a probation officer, who would compile a report to be discussed at an informal preliminary inquiry, which had to be held within 48 hours of arrest and could coincide with the first court appearance.

The inquiry involved the child, his or her parents or guardian, a magistrate, prosecutor and the probation officer, Mhaga said.

At the inquiry, the magistrate had to find out whether the child acknowledged responsibility for the crime. In deciding whether the child could be diverted from the legal system, the magistrate also had to look at whether the child had had any prior convictions. However, on a charge of murder, one of the most serious charges, this would only be allowed in exceptional circumstances.

If the minor landed up going to court, he or she could not wear leg irons; handcuffs had to be the exception rather than the norm.

These matters would continue to be held in camera.

Furthermore, children under 10 would have no criminal capacity and could not be prosecuted for any crime.

Those between 10 and 14 were presumed not to have criminal capacity and it would be up to the state to prove otherwise if it wanted to prosecute a minor in this category.

Teenagers older than 14 were considered to have full criminal capacity - to know the difference between right and wrong.

As far as sentencing was concerned, the new law - while allowing for a maximum jail sentence of 25 years - would aim to keep children out of prison.

Instead it would provide for a range of alternative punishment options like anger management, forced time at a youth-care facility or offering some kind of symbolic restitution to victims.