Family Court, which, given the insufficiency of resources to maintain the existing
justice structures, are likely to prevent their establishment in the foreseeable future.
398.
The Act makes all traditional and Family Court processes subject to the best interests
of the child and stipulates that all structures must consider the views of the child,
and allow him or her to participate in the decision-making process to the extent
permitted by the child’s age and maturity. In addition, it requires that all CWCs
and courts handling a matter involving children expedite the proceedings so as to
finalise them as quickly as possible.
399.
It further requires that Family Court proceedings be as informal as possible and
should be conducted as an enquiry rather than through adversarial processes.
Moreover, all children are entitled to legal representation in a Family Court and
to have his or her privacy protected. The latter procedural requirements are not
expressly applicable to informal processes.
400.
The Act seeks to make a wide range of regulated justice fora available and accessible to
children in contact with the law, and makes provision for child-friendly investigative
procedures prior to matters moving to the courts. The Act extends the role of the
Family Support Units (FSUs) beyond their child abuse remit to dealing exclusively
with the receipt and investigation of offences allegedly committed by children.
401.
In 2011, there were 260 functioning CWCs across the country and in 2013 there were
44 FSUs. The Child Panels and Family Courts have not yet been established, and
given current resource constraints within the justice system, they are not likely to be
established in the short term. Whilst all FSUs are meant to be staffed by a specialised
police officer and a social worker to ensure the appropriate treatment and protection
of children, in 2011 only 8 police stations enjoyed the services of a social worker.
402.
CWCs and the FSUs have received training on their respective roles and responsibilities.
There has, in particular, been much attention given to the training of FSUs, with
special attention given to strengthening the capacity of FSUs to protect the right
and follow protective procedures related to child victims and offenders. Initiatives
include the development and roll-out of a FSU training manual with a dedicated
module on child victims and offenders; the development of a reference handbook of
guidelines on sexual and GBV case-management, with a specialised section on child
victims and witnesses; and in the context of children in conflict with the law the
FSUs have received specialised information and training, including the circulation
of a memorandum to all SLP personnel in 2008 informing them of the extended FSU
mandate and their roles and responsibilities and the development of a Criminal Case
Management Handbook requiring the police to notify a child’s parents or guardian
immediately once they have been arrested. Training on children in conflict with the
law is not integrated into the police’s pre-service training (Child Frontiers, 2011).
403.
Thus, in summary, the legal and institutional framework for the protection of
children in contact with the law has been considerably strengthened. In principle,
in terms of the Children and Young Person’s Act, the 2005 Child Justice Strategy
and the Child Rights Act, the law makes provision for the following protection of
children in conflict with the law from the point of reporting and investigating the
crime through the dedicated and specialised FSUs until sentencing.
9. Special Protection Measures
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