Children in Conflict with the Law: A Compendium of Child Justice Statistics: 1995-2001
Edited by
L.M. MUNTINGH
Cape Town
2003
Children in Conflict with the Law: A Compendium of Child Justice Statistics: 1995-2001
CONTENTS
CONTENTS
....2
LIST OF TABLE
.
...5
FOREWORD
.
13
GLOSSARY OF ACRONYMS
.
.
14
ABSTRACT
.
..15
1 INTRODUCTION AND BACKGROUND
....17
Context
.
17
2 APPROACH AND METHODOLOGY
.19
2.1 Purpose of the study
..19
2.2 Research approach
20
Research data
.
..
.20
Data collection
..
.21
Statistics drawn from extant literature
...
21
3 ARRESTS AND ASSESSMENT
..
26
3.1 National and Provincial figures
..
26
3.2 Assessment
....29
Children co-accused with adults
35
3.3 Awaiting trial placements
....37
3.4 Legal representation
39
4 DIVERSION
.
40
4.1 Overview of National figures
..41
4.2 Diversion at specific courts and per magisterial district..50
4.3 Impact evaluation of diversion programmes
.57
Recidivism
..
..59
Profile participants
.
.
59
Experience of the programme
.
.
.
..67
Compliance with diversion programme
.
....77
Staying out of trouble
..
78
Recidivism
.83
5 CHILDREN AWAITING TRIAL
.....89
5.1 Children awaiting trial in prisons
...89
Regional distribution
...94
Age distribution
...95
Offence profile
.
97
The growing number of awaiting-trial prisoners
.100
5.2 Children awaiting trial in other facilities
..102
6 PROSECUTIONS, SENTENCING AND CONVICTIONS
..107
6.1 Conviction rates
..107
6.2 Children admitted to serve prison sentence
...
..109
Sentence profiles
..
...111
6.3 Sentenced children in prison
..115
Provincial distribution
.
...119
Age distribution
..123
Types of crime
125
6.4 Children serving non-custodial sentences administered by DCS
...
.133
7 DEATHS IN CUSTODY
..137
7.1 Deaths in custody
.
137
7.2 Ten case reports on deaths in custody
...140
8 OVERALL RECOMMENDATIONS
..145
9 LIST OF SOURCES
....146
Other sources of information
..
.149
Children in Conflict with the Law: A Compendium of Child Justice Statistics: 1995-2001
LIST OF TABLES
Table 1. Children arrested per province per year for 1999, 2000, 2001, 2002. Source: SAPS Crime Information and Analysis Centre (2002)
.27
Table 2. Stepping Stones: Arrests September 1997 to March 2000 Port Elizabeth. Source: Department of Social Development: E Cape (2002) Unpublished figures, Stepping Stones Port Elisabeth
30
Table 3. Children assessed at Wynberg Court for the period April 2002 to 30 October 2002 according to the age of the alleged offenders. Source: Provincial Administration: Western Cape Department of Social Services
..31
Table 4. Language profile; Wynberg assessment centre from April 2002 to October 2002. Source: Provincial Administration: Western Cape Department of Social Services
..31
Table 5. Offence profile of children assessed at the Wynberg Court. Source: Provincial Administration: Western Cape Department of Social Services
..32
Table 6. Age and number of children assessed at Cape Town Assessment Centre in 2002. Source: Western Cape, Department of Social Services
33
Table 7. Gender profile of children assessed at Cape Town Assessment Center 2002. Source: Western Cape, Department of Social Services
.33
Table 8. Criminal Charges at Cape Town assessment Centre 2002. Source: Western Cape, Department of Social Services
.34
Table 9. Awaiting-trial Placements: Western Cape. 1995-1997. Source: SAPS Western Cape Youth Desk (2002)
..38
Table10.Court Statistics For 1997, 2000 & 2001: Johannesburg Juvenile Court. Source: DSD (2002)
..39
Table 11. The total number of completed diversion programs per financial year per province. Source: Nicro reports unpublished
...42
Table 12. Diversion Cases: 1996/72000/1. Regional Distribution. Source: Nicro reports unpublished
.42
Table 13. Number of Diversion cases per programme per year. Source: Nicro reports unpublished
.44
Table 14. Children In Nicro Diversion Programmes In 2001/2002: Age Distribution. Source: NICRO, Unpublished figures
..45
Table 15. Nicro Diversion Cases: 19961998/9. Gender Profile Of Participants. Source: Muntingh (1999, 1998b)
..46
Table 16. Offence Profile Of Nicro Diversion Cases According To Gender For 1997/8. Source: Muntingh (1997)
.47
Table 17. Nicro Diversion Cases: 1997/8 & 1999. Offence Profile. Source: Muntingh (1999, 2001)
. .48
Table 18. NICRO Diversion Cases: 1997/8 & 1998/9. Offence Profile Of Cases (Grouped) (in percentage). Source: Muntingh (1999)
49
Table 19. Nicro Diversion Cases: 1996/7 2000. Sources Of Referrals. Sources: Muntingh (2001, 1999, 1998b)
49
Table 20. Nicro Diversion Cases: 1997/8 & 1998/9. Compliance Rate Per Programme (in percentage). Source: Muntingh (1999)
.50
Table 21. Number of Diversions in Port Elizabeth 2002. Source: Dept of Social Development: E Cape (2002) Unpublished figures, Stepping Stones Port Elizabeth
.50
Table 22. Number of children being diverted at Wynberg. Source: Provincial administration: Western Cape Department of Social Services
51
Table 23. Number of children being diverted at Cape Town assessment center in year 2002. Source: Western Cape, Department of Social Services
51
Table 24. Percentage Of Assessed Cases Referred For Diversion At Two Assessment Centres: 19961998. Source: Sloth-Nielsen & Muntingh (1999)
..52
Table 25. Geographical Distribution per magisterial district of NICRO Diversion Programmes Beneficiaries for 2001/2002.Source: Unpublished figures, Nicro
....52
Table 26. Number of Magisterial Districts per province reached by NICRO Diversion Services. Source: Unpublished figures, Nicro
..57
Table 27. Respondent numbers in 1998 and 2000 surveys. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
58
Table 28. Gender of respondents. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...60
Table 29. Race of respondent (percentages). Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..61
Table 30. Programme profile of respondents. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..61
Table 31. Offence profile of respondents. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..62
Table 32. Type of referral. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...64
Table 33. Source of referral. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...64
Table 34. Summarised household structure. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...
66
Table 35. Expectations of the programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...67
Table 36. Retention of programme content. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..
69
Table 37. Impressed most about programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..70
Table 38. Impressed least about the programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..72
Table 39. Learned from the programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...73
Table 40.What was the best part of the programme? Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
74
Table 41. What was the worst part of the programme?. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
75
Table 42. Current opinion of the programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
.76
Table 43. Reasons for finishing the programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..78
Table 44. Did anything change for you after the programme? Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
80
Table 45. Reasons for staying out of trouble. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
..81
Table 46. Did the child react positively to the programme? Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
83
Table 47. Recidivism profile and time lapse. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
...84
Table 48. Reporting of re-offending and respondent type. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
....85
Table 49. Offering profile of recidivism period (1998). Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
86
Table 50. Reasons presented why further offence was committed.. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000
87
Table 51. Gender Distribution. Children awaiting trial in prison (1995 2001). Source: DCS (2002)
..89
Table 52. Male Children Awaiting Trial In Prison (19952001). Regional Distribution. Source DCS (2002)
.91
Table 53. Male Children awaiting Trial in Prison: Regional distribution. Source: DCS (2002)
..91
Table 54. Age Categories: Unsentenced prisoners in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
92
Table 55. Unsentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
.92
Table 56. Unsentenced children in custody per crime category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
92
Table 57. Infants and young children in prison with their mothers per age category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
..93
Table 58. Infants and young children in prisons with their mothers per province: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
.93
Table 59. Female Children Awaiting Trial In Prison (1995 2001): Regional Distribution. Source: DCS (2002).
...94
Table 60. Female Children Awaiting Trial In Prison (1995 2001): Regional Distribution. Source: DCS (2002)
.95
Table 61. Male Children Awaiting Trial In Prison (19952001). Age Distribution Source: DCS (2002)
..96
Table 62. Male Children Awaiting Trial In Prison (19952001): Age Distribution (in %). Source: DCS (2002)
.96
Table 63. Female Children Awaiting Trial In Prison (19952001). Age Distribution. Source: DCS (2002)
.97
Table 64. Female Children Awaiting Trial In Prison (1995 2001): Age Distribution. Source: DCS (2002)
.97
Table 65. Male Children Awaiting Trial In Prison (19952001): Crime Category Distribution (raw scores). Source: DCS (2002)
98
Table 66. Male Children Awaiting Trial In Prison (1995 2001: Crime Category Distribution. Source: DCS (2002)
99
Table 67. Female Children Awaiting Trial In Prison (19952001): Crime Category Distribution (raw scores). Source: DCS (2002)
.99
Table 68. Female Children Awaiting Trial In Prison (19952001): Crime Category Distribution (percentages) Source: DCS (2002)
..100
Table 69. Male & Female Children In Prison (19952001). Sentenced/Awaiting Trial. Source: DSD (2002)
...101
Table 70. Prison Population (19952001): Children/Adult Divide. Source: DSD (2002)
102
Table 71. Children Awaiting Trial In Places Of Safety In October 1998 & October 1999. Regional Distribution: A Snapshot. Sources: 1Sloth-Nielsen & Muntingh (2001); 2Department of Social Development (2002)
..104
Table 72. Children Awaiting Trial In Police Cells: October 2000. Regional Distribution: A Snapshot. Sources: Sloth-Nielsen & Muntingh (2001); Department of Social Development (2002)
104
Table 73. Children Awaiting Trial. Places Of Detention: A Snapshot Comparison. Source: Sloth-Nielsen & Muntingh (2001)
.105
Table 74. Children Awaiting Trial. Places Of Detention. A Snapshot Comparison. Source: DSD (2002)
...105
Table 75. Children Awaiting Trial: Heidelberg Places Of Detention. Source: DSD (2002)
106
Table 76. Children Awaiting Trial: Heidelberg Places Of Detention. Source: DSD (2002)
106
Table 77. Average Conviction Rate (All Offences) Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999)
.107
Table 78. Conviction Rate For Murder Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999)
.108
Table 79 Conviction Rate For Robbery Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999)
.108
Table 80. Conviction Rate For Assault Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999)
.108
Table 81. Provincial distributions of admissions. Source: L M Muntingh Nicro National Office August 2002
...110
Table 82. Sentence profile of admissions. Source: L M Muntingh Nicro National Office August 2002
..112
Table 83. Sentence profile of admissions in percentages. Source: L M Muntingh Nicro National Office August 2002
.113
Table 84. Percentage of total admissions sentenced to 6 months or less per province. Source: L M Muntingh Nicro National Office August 2002
...113
Table 85. Percentage of total admissions sentenced to 12 months or less per province. Source: L M Muntingh Nicro National Office August 2002..
.114
Table 86. Age Categories: sentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
..115
Table 87. Sentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
..115
Table 88. Sentenced children (younger than 18 years) in custody per crime category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002
116
Table 89. Sentence Profile Of Children (1999 & 2000). A Snapshot. Source: Sloth-Nielsen & Muntingh (2001)
116
Table 90. Children and juveniles held in correctional centres and prisons throughout the country. Source: Judicial Inspectorate of Prisons, 20 September 2002
....117
Table 91. Sentence Profile Of 7 16 Yr. Old Children: 1999 Averages. Source: DCS (2002)
118
Table 92. Sentence Profile Of 17 Yr. Old Children: 1999 Averages. Source: DCS (2002)
118
Table 93. Sentence Profile Of Children: 1999 Averages. Source: DCS (2002)
119
Table 94. Sentenced Male Children In Prison (1995 2001). Regional Distribution (raw data). Source: DCS (2002)
..121
Table 95. Sentenced Male Children In Prison (19952001): Regional Distribution (percentages). Source: DCS (2002)
.121
Table 96. Sentenced Female Children In Prison (19952001): Regional Distribution. Source: DCS (2002)
122
Table 97. Sentenced Female Children In Prison (19952001): Regional Distribution (percentages). Source: DCS (2002)
.122
Table 98. Sentenced Male Children In Prison (19952001): Age Distribution (percentages). Source: DCS (2002)
...123
Table 99. Sentenced Male Children In Prison (19952001): Age Distribution. Source: DCS (2002)
124
Table 100. Sentenced Female Children In Prison (19952001): Age Distribution. Source: DCS (2002)
124
Table 101. Sentenced Female Children In Prison (19952001): Age Distribution (percentages). Source: DCS (2002)
.125
Table 102. Sentenced Male Children In Prison (19952001): Crime Category Distribution. Source: DCS (2002)
....126
Table 103. Sentenced Male Children In Prison (19952001). Crime Category Distribution (percentages). Source: DCS (2002)
.126
Table 104. Average Number Of Sentenced Female Children In Prison (19952001): Crime Category Distribution. Source: DCS (2002)
...127
Table 105. Sentenced Female Children In Prison (19952001): Crime Category Distribution (percentages). Source: DCS (2002)
127
Table 106. Sentenced Male Children In Prison (19952001): (7-13 Years): Crime Category Distribution (percentage). Source: DCS (2002)
.128
Table 107. Sentenced Female Children In Prison (19952001): (7-13 Years). Crime Category Distribution (percentage). Source: DCS (2002)
.128
Table 108. Sentenced Male Children In Prison (19952001): (14 Years): Crime Category Distribution (percentage). Source: DCS (2002).
129
Table 109. Sentenced Female Children In Prison (19952001): (14 Years): Crime Category Distribution (percentage). Source: DCS (2002)
..129
Table 110. Sentenced Male Children In Prison (19952001): (15 Years): Crime Category Distribution (percentage). Source: DCS (2002)
..130
Table 111. Sentenced Female Children In Prison (19952001): (15 Years): Crime Category Distribution (percentage). Source: DCS (2002)
..130
Table 112. Sentenced Male Children In Prison (19952001): (16 Years): Crime Category Distribution (percentage). Source: DCS (2002)
.131
Table 113. Sentenced Female Children In Prison (19952001): (16 Years): Crime Category Distribution (percentage). Source: DCS (2002)
....131
Table 114. Sentenced Male Children In Prison (19952001): (17 Years): Crime Category Distribution (percentage). Source: DCS (2002)
132
Table 115. Sentenced Female Children In Prison (19952001): (17 Years): Crime Category Distribution (percentage). Source: DCS (2002)
132
Table 116. Children Serving Non-Custodial Sentences: Average Number Per Year (1995 2001): Regional Distribution. Source: DCS (2002).
..134
Table 117. Children Serving Non-Custodial Sentences: Average Number Per Year (1995 2001): Regional Distribution. Source: DCS (2002)
134
Table 118. Children Serving Non-Custodial Sentences (1995 2001): Gender Distribution In Percentages. Source: DCS (2002)
..135
Table 119. Average Number of Children Serving Non-Custodial Sentences (19952001): Age Distribution. Source: DCS (2002)
.135
Table 120. Children Serving Non-Custodial Sentences (19952001): Age Distribution in Percentages. Source: DCS (2002)
..136
Table 121. Deaths Of Children In Custody: 01/01/199930/04/2000. Place Of Death. Source: Skelton (2001)
..137
Table 122. Deaths Of Children In Custody: 01/01/199930/04/2000. Cause Of Death. Source: Skelton (2001)
138
FOREWORD
A compendium of this nature will hopefully provide a foundation for continuously updating the existing statistics and information presented in here, but it will also show us where the gaps are and where we need to collect more information and establish systems to collect information so as to inform our decision-making regarding children in conflict with the law. This report is by no means complete but it does provide a good overview of what happens to children in conflict with the law in South Africa in numerical terms.
The report would not have been possible without the support, contributions and persistence of a number of organisations and individuals. I would like to acknowledge the following here:
Community Law Centre (UWC) for commissioning this study
Sonke Development for the initial round of work
Therese Palm (NICRO) for her editing services
Monique Ritter (NICRO) for the information provided
Julia Sloth-Nielsen (UWC) for the Annual Juvenile Justice Review
Ann Skelton (UNDP Child Justice Project) for information and advice
Lukas Muntingh
Editor
GLOSSARY OF ACRONYMS
CJA Child Justice Alliance
CJB Child Justice Bill
DCS Department of Correctional Services
DoJ Department of Justice
DSD Department of Social Development
NICRO South African National Institute for Crime Prevention and the Reintegration of Offenders
NGO Non-Governmental Organisation
NPA National Prosecuting Authority
RSA Republic of South Africa
SAPS South African Police Service
UNCJP United Nations Child Justice Project
Children in Conflict with the Law: A Compendium of Child Justice Statistics: 1995-2001
ABSTRACT
The primary objectives of the research on which this report was based were to (i) collate useful statistical information on children in conflict with the law in South Africa, (ii) to categorise these statistics according to the stages if the criminal justice process, and (iii) to interpret the trends identified in the statistical data collected and categorised.
The extant literature and the data bases of key South African research and service agencies dealing with children in conflict with the law, as well as interviews with key role-players involved with these children were to constitute the key avenues via which the data referred to above were to be accessed.
A dearth of accessible statistical data, as well as the patent absence of adequate monitoring systems to record the relevant statistics pertaining to children in conflict with the law constituted the single most important obstacle to meeting the research objectives outlined above. Consequently, one of the key recommendations made in this report is that action to be taken to co-ordinate the development of appropriate systems to capture the relevant statistics as well as other forms of appropriate information pertaining to children in conflict with the law.
Notwithstanding some substantial gaps in statistics on children in conflict with the law, the following are some of the main findings in this report:
it is projected that in excess of 170 000 children would have been arrested in 2002
children are arrested primarily for property offences
the number of children referred to diversion programmes increased dramatically from 1996
diversion programmes show very encouraging results in terms of curbing recidivism
the number of children awaiting trial in prisons have increased six-fold since 1996
by 2001 there were more children awaiting trial in prisons than sentenced children in prisons
there were in 2001 roughly equal proportions of children awaiting trial prisons on the one hand and, on the other hand, children awaiting trial in other institutions (police cells and Dept of Social Development facilities)
the number of children sentenced to imprisonment has grown at an annual rate of 16% between 1999 to 2001
the length of prison sentences for children are on the increase
correctional supervision is used increasingly as a sentencing option for children
between 1 January 1999 and 30 April 2000, ten children died in custody, nine of which were due to "unnatural causes".
INTRODUCTION AND BACKGROUND
The Child Justice Alliance (CJA) is a coalition of non-governmental organisations (NGOs) broadly in support of the Child Justice Bill (CJB) which was tabled in parliament in 2002. The CJA has, in support of the parliamentary processes initiated a research programme investigating a number of key issues pertaining to child justice in South Africa based on a gap analysis done by the Institute of Criminology (UCT). Four research areas have been identified, namely:
the compilation of a compendium of statistics pertaining to child justice
the development of baseline data for comparative use in longitudinal studies
the collection of qualitative narratives on childrens experiences of the criminal justice system
consultation with children in relation to the Child Justice Bill.
Context
Since 1992 a range of civil society initiatives, which were later supported by government, sought to improve the situation of children coming into conflict with the law. The most important of these are:
the establishment of referral and assessment procedures
the development of arrest, reception and referral centers
diversion programmes
monitoring of children awaiting trial in prison and in police cells
non-custodial sentencing options.
The establishment of these services was accompanied by a strong advocacy campaign initiated by civil society and supported by government. Many of the initiatives included the recording and reporting on statistical data around children in trouble with the law. The result is that there is currently a wide range of statistical information spread over reports, published articles and government documents. This explains the current need to compile a compendium of available statistics.
The Child Justice Bill proposes to establish:
a criminal justice process for children accused of committing offences which aims to protect the rights of children entrenched in the Constitution and provided for in international instruments; to provide for the minimum age of criminal capacity of such children; to incorporate diversion of cases away from formal court procedures as a central feature of the process; to establish assessment of children and a preliminary inquiry as compulsory procedures; to provide that children must be tried in child justice courts and to extend the sentencing options available in respect of children; to entrench the notion of restorative justice in respect of children; and to provide for matters incidental thereto.
(Preamble to Child Justice Bill, p. 1).
Given its childrens rights orientation (Sloth Nielsen & Muntingh, 1998), there can be no doubt that the proposed legislation has the potential to contribute significantly to the amelioration of the circumstances of children in conflict with the law as well as to the latters integration or reintegration into their communities and broader society (Child Justice Alliance, 2001). No doubt, the implementation of the proposed legislation will be accompanied by various difficulties. However, the fact that the government would be able to reduce the expenses related to the administration of child justice by as much as 35 percent with the implementation of the new child justice legislation is a very compelling reason for the implementation of this legislation.
In essence, the present report, through the medium of a compendium of statistical data, endeavours to outline the context within the proposed legislation will be introduced and function (cf. Child Justice Alliance, 2001).
APPROACH AND METHODOLOGY
This section outlines the purpose of the final evaluation, the conceptual framework underpinning the approach and the evaluation methods, and the instruments used to collect the data.
2.1 Purpose of the Study
The primary purpose of this research initiative was to compile an accessible compendium of statistics pertaining to children and the justice system in South Africa for the period 1995 to 2001.
The objectives of the research initiative briefly were as follows:
To collate useful statistical information on children in conflict with the law in South Africa.
To categorise these statistics according to the stages of the criminal justice process.
To draw basic conclusions from trends identified by the statistics.
There are a number of potential themes to be investigated. These include:
identifying blockages in the criminal justice system
determining the average length for completion of criminal cases
an accessible and useful format for child justice statistical data in respect of:
childrens arrest data
children arrested but not charged
deaths in custody
offence data
children pleading guilty/not guilty
number of children being prosecuted, diverted and convicted
sentencing of children
children awaiting trial in institutions
children and legal representation
children in prison (sentenced)
children in places of safety
recidivism figures
statistics on assessment centres
case management data
services to children (NGOs, state, etc.).
2.2 Research Approach
The research study was designed in the following way:
Research Data
In accordance with the research brief provided by the commissioning agency, the Child Justice Alliance, the types of data that the researchers endeavoured to collect for this report included the following:
general demographic information related to children in conflict with the law
statistics on children arrested but not charged with a criminal offence
statistics related to child deaths in custody
offence data
children pleading guilty/ not guilty to criminal charges
statistics related to the number of children prosecuted, diverted and convicted
the number of children awaiting trial in institutions
statistics related to children and their legal representation
the number of children in prison (sentenced)
the number of children in places of safety
statistics on recidivism trends
statistics on assessment centres
statistics related to the case management of children in conflict with the law
statistics related to the services available to children in conflict with the law.
Data Collection
The initial intention was to access the above-mentioned research data through the following sources:
the extant literature (including unpublished reports) dealing with children in conflict with the law
the data bases of key South African research, monitoring and service agencies dealing with children in conflict with the law
interviews with key informants or role-players involved with children in conflict with the law, with the aim of obtaining the formers impressions of the current position of children in conflict with the law, as well as their views on the trends emerging from the statistics collected for this study.
Statistics drawn from the extant literature
While the corpus of literature consulted (see the List of Sources at the end of the report) provided important indicators on the position of children in conflict with the law since 1995, on the whole, the statistical information provided in this body of literature was fairly inadequate as far as the overall objectives of this study were concerned. This was largely a result of the fact that most of the reports and articles which contained statistical information focused on a diversity of phenomena over fairly short time periods with the result that there were many time periods that were not accounted for. Statistics obtained from research, monitoring and service agencies
Under normal circumstances, the gaps in the literature referred to above should not have posed an insurmountable obstacle, because there are various research and service agencies in South Africa, such as the South African Police Service, Statistics South Africa, the Department of Justice, the Department of Social Development and the Department of Correctional Services, which by virtue of their key business activities could have been expected to keep up to date and comprehensive statistics on children in conflict with the law. Unfortunately, the researchers requests for statistical information from these agencies were generally met with disappointment. On the whole, it appeared as though the collection of statistical data on children in conflict with the law did not constitute a priority with most of the agencies approached for data. However, as the following outline of the responses to requests for information from these agencies reveal, there were a few notable exceptions, such as the Department of Correctional Services, which had collected a very comprehensive set of data on children in conflict with the law for the period 1995 to October 2001. Very importantly too, this organisation was willing to make the data it had collected available for the present research initiative.
Department of Justice (DoJ)
The Department of Justice was unable to provide much statistical information on children in conflict with the law. Indeed, the only information which this department was able to make available to the researchers was a set of statistics on children awaiting trail in prison during 2001; statistics which the Department of Correctional Services had already made available to the researchers.
Statistics South Africa (SSA)
Following a request to Statistics South Africa for data on children in conflict with the law, this agency informed the researchers that they had discontinued the collection of the requested data in 1995. They referred the researchers to the South African Police Service.
South African Police Service (SAPS)
When approached, the South African Police Service (SAPS) informed the researchers that they could not provide the latter with any of the statistics requested as they did not have a centralised data bank. A range of reasons for this apparent lack of comprehensive statistics on children in conflict with the law were provided by the various officials contacted for the information. These included the following reasons. Firstly, it was claimed, the SAPS had decided to prioritise the collection of statistical data in relation to children as victims of crime. Secondly, it was argued that a lack of financial and human resources has made it difficult for the SAPS to develop and maintain a data bank on children in conflict with the law.
One SAPS official did acknowledge that an effort had been made over the last two years to collect data relating to children in conflict with the law. However, he claimed that the collation of this data will only take place later this year. When the researchers requested access to this data (in whatever form), they were informed that permission from the SAPS National Office was required for the release of the information. While a request for the release of the data was subsequently forwarded to the relevant authorities, the data had not yet been made available to the researchers at the time of writing this report. It was only at a much later stage in the preparation of this report that arrest data on children became available per chance.
Department of Correctional Services (DCS)
The DCS is the only department that keeps accessible, comprehensive and up to date information on the children placed in their care. Data from this department figure strongly in this report.
National Prosecuting Authority (NPA)
The National Prosecuting Authority informed the researchers that, other than statistics on diversions, they had no statistics on children in conflict with the law. Unfortunately, the statistics on diversion that they provided to the researchers overlapped in large measure with statistics previously obtained from NICRO.
Legal Aid Board
The Legal Aid Board could not provide any statistics on children in conflict with the law. Instead, this organisation provided the researchers with a list of Legal Aid Centres nationally and advised the researchers to approach the individual centres for the requested data themselves. All these centres were duly approached for whatever statistics on children in conflict with the law they have on record. Unfortunately, no statistics had been forwarded to the researchers by the time of writing this report.
Courts
The researchers contacted various magistrates courts for statistics on children in conflict with the law. On each occasion the researchers were informed that the only statistics kept on record were related to diversion, and that the statistics on diversion collected by NICRO were more comprehensive.
Some court statistics were however obtained via the Department of Social Development (see below).
Department of Social Development (DSD)
Initially, this department indicated that they did have some statistics on children in conflict with the law, but that they needed some time to collate the statistics. However, when the department was subsequently approached for these statistics, the researchers were informed that the department did not have any comprehensive statistics. Consequently, the researchers were advised to approach individual service centres. When approached, the general response from the service centres was that the requested statistics was not yet available, as they still had to be extracted from individual files. Three centres (viz. the Johannesburg, Nigel and Heidelberg centres) however forwarded statistics for their regions, and the researchers are continuing to follow up other centres for statistics.
United Nations Child Justice Project
The United States Child Justice Project provided the researchers with a range of statistics, as well as other material on children in conflict with the law.
In summary, therefore, the responses of institutions contacted for statistics on children in conflict with the law generally were fairly disappointing. This obviously does not mean that it would be impossible to meet the primary objective of this study namely, to compile an accessible and comprehensive compendium of statistics pertaining to children in conflict with the law. In essence it means that there are same significant gaps or that the accuracy of the data can be questioned. The data presented should however give a fair idea of overall trends.
ARRESTS AND ASSESSMENTS
National and Provincial arrest figures
The purpose of this report is to provide an overview of the current situation concerning children in conflict with the law. The report shall present the statistics available in an easy accessible way to the reader and shall be structured in a manner to enable updates.
First the data on the number of arrested children in the country will be presented followed by a presentation on the number of diverted cases. By comparing the total number of arrested children with the number of children that are being diverted by Nicro, information on how many cases are being diverted can be obtained easily. It must be noted though, that the number of diverted cases is not the total number of cases that are being diverted since there are other organizations/institutions providing diversion besides Nicro. Still the comparison can give an indication on the development and the trends as Nicro is one of the main providers of diversion in the country. The information on how many children are being diverted may then be compared to the number of children being prosecuted and thereby go through the whole criminal system.
It is important to know how many children are being diverted compared to how many that are being prosecuted of the total number of arrests to be able to plan the future development of the organization and to be able to meet the needs of society.
CHILDREN ARRESTED PER PROVINCE PER YEAR FOR 1999, 2000, 2002 |
||||
PROVINCE |
1999 |
2000 |
2001 |
2002 (6 months) |
Eastern Cape |
10291 |
11285 |
12270 |
7497 (14994) |
Free State |
8214 |
8635 |
9259 |
5299 (10598) |
Gautang |
19886 |
23213 |
31017 |
19311 (38622) |
KwaZulu-Natal |
21647 |
24235 |
27275 |
16072 (32144) |
Limpopo |
3277 |
4495 |
5864 |
3916 (7832) |
Mpumalanga |
4550 |
5370 |
6606 |
4025 (8050) |
Northern Cape |
6551 |
7092 |
7153 |
4010 (8020) |
North West |
3592 |
4122 |
5460 |
4076 (8152) |
Western Cape |
36765 |
31109 |
32954 |
20906 (41812) |
TOTAL |
114773 |
119556 |
137858 |
85112 (170224) |
Table 1. Children arrested per province per year for 1999, 2000, 2001, 2002. Source: SAPS Crime Information and Analysis Centre (2002).
Figure 1. Arrests of children per province in year 2001, Source: SAPS Crime Information and Analysis Centre (2002).
Figure 2. Total numbers of arrests of children in year 1999, 2000, 2001 and 2002. Source: SAPS Crime Information and Analysis Centre (2002).
The table on number of arrests shows an increase each year in the number of arrested children. Most probably will the year 2002 also show an increase when the year has passed given the trend from the previous years. All the provinces showed an increase in the number of arrested children accept the Western Cape where a decrease can be detected from 1999 to 2000. It should also be noted that the increase in annual arrests figures is part a function of the continous roll-out of the CAS system and as more police stations are linked up, more data is recorded. As can be expected, Western Cape, Gauteng and KwaZulu-Natal account for the highest numbers of arrests. These three provinces, based on the figures for 2001, account for 66.2% of arrests. Due to the role-out of the CAS system the annual increases in number of arrests, these figures should not be interpreted at face value.
3.2 Assessment
STEPPING STONES: ARRESTS SEPTEMBER 1997 TO MARCH 2000 PORT ELIZABETH |
||||||||
Offence |
Sept-97-Dec-97 |
1998 |
1999 |
To March 2000 |
Totals |
|||
Murder |
31 |
32 |
44 |
13 |
120 |
|||
Att murder |
4 |
16 |
18 |
3 |
41 |
|||
Assault with the intent to cause grievious bodily harm |
47 |
84 |
112 |
41 |
284 |
|||
Assault |
6 |
6 |
||||||
Indecent assault |
2 |
4 |
24 |
2 |
32 |
|||
Rape |
53 |
114 |
151 |
56 |
374 |
|||
Att rape |
5 |
2 |
14 |
21 |
||||
Robbery |
39 |
114 |
153 |
65 |
368 |
|||
Armed robbery |
16 |
28 |
45 |
14 |
103 |
|||
Att robbery |
12 |
2 |
14 |
|||||
Theft |
353 |
953 |
1104 |
302 |
3065 (36.8%) |
|||
Theft of a motor vehicle |
8 |
10 |
16 |
5 |
39 |
|||
Theft from a motor vehicle |
24 |
100 |
157 |
21 |
302 |
|||
House breaking and theft |
153 |
611 |
873 |
233 |
1870 (22.7%) |
|||
Possession of drugs |
14 |
47 |
53 |
18 |
132 |
|||
Dealing in drugs |
6 |
7 |
7 |
5 |
25 |
|||
Malicious damage to property |
145 |
71 |
79 |
22 |
317 |
|||
Possession of stolen goods |
16 |
103 |
93 |
21 |
233 |
|||
Possession of arms and ammunition |
3 |
19 |
49 |
10 |
81 |
|||
Totals |
854 |
3041 |
3413 |
924 |
8232 |
Table 2. Stepping Stones: Arrests September 1997 to March 2000 Port Elizabeth. source: Department of Social Development: E Cape (2002) Unpublished figures, Stepping Stones Port Elizabeth.
As is consistent with other data and common understanding of child involvement in crime, property offences are by far in the majority. Theft and house breaking account for 59.5% of cases.
CHILDREN ASSESSED AT WYNBERG COURT FOR THE PERIOD APRIL 2002 TO 30 OCTOBER 2002 ACCORDING TO THE AGE OF THE ALLEGED OFFENDERS |
||
Age |
1/4/2002-30/10/20002 |
% |
10 |
1 |
0.2 |
11 |
2 |
0.3 |
12 |
8 |
1.4 |
13 |
21 |
3.6 |
14 |
53 |
9.2 |
15 |
99 |
17.2 |
16 |
139 |
24.1 |
17 |
253 |
44.0 |
Table 3. Children assessed at Wynberg Court for the period April 2002 to 30 October 2002 according to the age of the alleged offenders. Source: Provincial Administration: Western Cape Department of Social Services.
The total number of children assessed at the Wynberg Court during the period April 1st to October 30th is 576 of which 441 are male and 118 female. This 75/25 profile is consistent with other data.
LANGUAGE PROFILE; WYNBERG ASSESSMENT CENTRE FROM APRIL 2002 TO OCTOBER 2002 |
||
Language |
N |
% |
Afrikaans |
267 |
47.8 |
English |
58 |
10.4 |
Xhosa |
234 |
41.8 |
Total |
559 |
Table 4. Language profile; Wynberg assessment centre from April 2002 to October 2002.. Source: Provincial Administration: Western Cape Department of Social Services.
OFFENCE PROFILE OF CHILDREN ASSESSED AT THE WYNBERG COURT |
||
CRIME |
No. |
% |
Murder |
9 |
1.6 |
Attempted murder |
11 |
2 |
Assault (common) |
6 |
1 |
Assault GBH |
8 |
1.4 |
Rape |
2 |
0.4 |
Sodomy |
2 |
0.4 |
Robbery (common) |
27 |
4.8 |
Armed robbery |
9 |
1.6 |
Theft |
220 |
39.2 |
Theft of a fire-arm |
3 |
0.5 |
Theft of a motor vehicle |
10 |
1.8 |
Theft out of a motor vehicle |
34 |
6 |
Att. Theft |
4 |
0.7 |
Housebreaking and theft |
80 |
14.3 |
Att. Housebreaking and theft |
7 |
1.2 |
Att. Theft of a motor vehicle |
1 |
0.2 |
Att. Theft out of a motor vehicle |
4 |
0.7 |
Possession of illegal substance |
45 |
8 |
Dealing with illegal substances |
2 |
0.4 |
Possession of stolen property |
29 |
5.2 |
Possession of unlicensed fire-arm |
18 |
3.2 |
Possession of ammunition |
1 |
0.2 |
Possession of housebreaking implements |
1 |
0.2 |
Fraud |
2 |
0.4 |
Crimen Injuria |
1 |
0.2 |
Trespassing |
3 |
0.5 |
Malicious damage to property |
16 |
2.9 |
Bomb threat |
1 |
0.2 |
Hijacking |
4 |
0.7 |
Interference with members of SAPS |
1 |
0.2 |
TOTAL |
561 |
Table 5. Offence profile of children assessed at the Wynberg Court. Source: Provincial Administration: Western Cape Department of Social Services.
Comparing the Wynberg and Stepping Stones Centre offence profiles, it emerges that the proportions are similar in that theft and house breaking and theft account for 53.5% of the total, compared to Stepping Stones 55.5%.
AGE AND NUMBER OF CHILDREN ASSESSED AT THE CAPE TOWN ASSESSMENT CENTRE IN 2002 |
||||||||||||
Age profile |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
% |
Total |
January |
1 |
7 |
6 |
14 |
30 |
32 |
22 |
12.5 |
112 |
|||
February |
2 |
3 |
2 |
7 |
14 |
17 |
27 |
21 |
37 |
14.5 |
130 |
|
March |
3 |
4 |
5 |
14 |
24 |
30 |
38 |
13.2 |
118 |
|||
April |
2 |
3 |
7 |
17 |
26 |
30 |
43 |
14.3 |
128 |
|||
May |
1 |
2 |
6 |
10 |
19 |
42 |
30 |
36 |
16.3 |
146 |
||
June |
6 |
23 |
20 |
20 |
34 |
11.5 |
103 |
|||||
July |
1 |
2 |
3 |
6 |
7 |
14 |
15 |
14 |
6.9 |
62 |
||
August |
1 |
2 |
2 |
6 |
16 |
18 |
18 |
7.0 |
63 |
|||
September |
1 |
3 |
4 |
6 |
10 |
8 |
3.6 |
32 |
||||
Total |
2 |
1 |
4 |
13 |
33 |
59 |
121 |
205 |
206 |
250 |
894 |
Table 6. Age and number of children assessed at Cape Town Assessment Centre in 2002. Source: Western Cape, Department of Social Services.
GENDER PROFILE OF CHILDREN ASSESSED AT CAPE TOWN ASSESSMENT CENTER 2002 |
|||||
Gender |
Female |
% |
Male |
% |
Total |
January |
18 |
15.9 |
95 |
84.1 |
113 |
February |
22 |
16.8 |
109 |
83.2 |
131 |
March |
25 |
21.2 |
93 |
78.8 |
118 |
April |
31 |
24.2 |
97 |
75.8 |
128 |
May |
40 |
27.4 |
106 |
72.6 |
146 |
June |
39 |
37.9 |
64 |
62.1 |
103 |
July |
13 |
21.0 |
49 |
79.0 |
62 |
August |
12 |
18.8 |
52 |
81.2 |
64 |
September |
3 |
9.4 |
29 |
90.6 |
32 |
Total |
203 |
694 |
897 |
Table 7. Gender profile of children assessed at Cape Town Assessment Center 2002. Source: Western Cape, Department of Social Services
CRIMINAL CHARGES AT CAPE TOWN ASSESSMENT CENTRE 2002 |
||
Crime |
No. |
% |
Murder |
4 |
0.4 |
Att. murder |
2 |
0.2 |
Rape |
3 |
0.3 |
Att. rape |
2 |
0.2 |
Assault |
17 |
2.0 |
Assault GBH |
9 |
1.0 |
Robbery |
87 |
10 |
Armed robbery |
4 |
0.4 |
Theft |
56 |
6.0 |
Theft of a motor vehicle |
12 |
1.0 |
Theft from a motor vehicle |
67 |
7.0 |
Housebreaking and theft |
61 |
7.0 |
Att. Theft |
4 |
0.4 |
Att. Housebreaking and theft |
46 |
5.0 |
Att. theft of a motor vehicle |
12 |
1.0 |
Att. theft from a motor vehicle |
52 |
6.0 |
Shoplifting |
306 |
34.0 |
Possession of dagga |
55 |
6.0 |
Poss. of dagga and mandrax |
13 |
1.0 |
Poss. of dagga, mandrax and cocaine |
4 |
0.4 |
Possession of mandrax |
4 |
0.4 |
Possession of cocaine |
1 |
0.1 |
Dealing in drugs |
3 |
0.3 |
Possession of stolen gods |
37 |
4.0 |
In possession of ammunition/ firearm |
3 |
0.3 |
Fraud |
4 |
O.4 |
Trespassing |
5 |
0.5 |
Malicious damage of property |
17 |
2.0 |
Bomb threat |
1 |
0.1 |
Kidnapping |
1 |
0.1 |
Pointing of a fire arm |
5 |
0.5 |
Total |
897 |
Table 8. Criminal Charges at Cape Town assessment Centre 2002. Source: Western Cape, Department of Social Services.
It appears that the Cape Town Assessment Centre uses slightly different offence categorization and it would therefore be somewhat risky to compare overall profiles with the other assessments centers.
Children co-accused with adults
SAPS Western Cape Youth Desk |
||||||
1995 |
1996 |
1997 |
||||
f |
% |
f |
% |
f |
% |
|
Care of Guardian/s |
6730 |
59.0 |
5625 |
51.1 |
6572 |
54.4 |
Own Consent |
1162 |
10.0 |
1511 |
13.7 |
1693 |
14.0 |
Prison |
1024 |
9.0 |
622 |
5.7 |
704 |
5.8 |
Police cells |
1039 |
9.1 |
2132 |
19.4 |
2066 |
17.1 |
Places of Safety |
1114 |
9.8 |
947 |
8.6 |
926 |
7.7 |
Reformatories |
308 |
2.7 |
163 |
1.5 |
118 |
1.0 |
TOTAL ARRESTS |
11377 |
11000 |
12079 |
|||
Table 9. Awaiting-trial Placements: Western Cape. 1995-1997. Source: SAPS Western Cape Youth Desk (2002).
Figure 6. Awaiting-trial Placements: Western Cape. 1995-1997.
Based on the available figures the following conclusions can be made on awaiting trial placements in the Western Cape for the period 1995-1997.
There was an increased tendency to release children on their consent.
That the number of children placed in prison awaiting trial declined significantly from over 1000 to about 700.
The number of children placed in police cells increased significantly.
The number of children placed in places of safety decreased significantly as did reformatories.
The number of children released to their guardian hovered around 50%.
3.4 Legal representation
Johannesburg Juvenile Court: |
|||
1997 |
2000 |
2001 |
|
Total no. of cases on roll |
2042 |
4799 |
6361 |
New cases on roll |
805 |
N/A |
N/A |
New cases assessed by Probation Officer |
756 |
2620 |
3357 |
New cases with legal representation |
382 |
629 |
871 |
% of new cases with legal representation |
18.7 |
13.1 |
13.7 |
Code: N/A= statistics not provided |
Table10.Court Statistics For 1997, 2000 & 2001: Johannesburg Juvenile Court. Source: DSD (2002).
4 DIVERSION
THE TOTAL NUMBER OF COMPLETED NICRO DIVERSION PROGRAMMES PER FINANCIAL YEAR PER PROVINCE |
||||||
PROVINCE |
1996/97 |
1997/98 |
1998/99 |
1999/00 |
2000/01 |
2001/02 |
Western Cape |
1078 |
1419 |
2434 |
3047 |
3190 |
2865 |
Eastern Cape |
625 |
607 |
1601 |
1661 |
2113 |
2196 |
KwaZulu-Natal |
1720 |
1541 |
1572 |
2328 |
2827 |
2626 |
Free State |
577 |
298 |
495 |
656 |
765 |
822 |
Northern Cape |
307 |
233 |
346 |
555 |
658 |
1725 |
Gauteng |
1235 |
1370 |
1086 |
1637 |
3535 |
4112 |
Mpumalanga |
110 |
101 |
183 |
325 |
316 |
598 |
North West |
189 |
286 |
548 |
963 |
||
Limpopo |
69 |
175 |
304 |
|||
TOTAL |
5652 |
5569 |
7906 |
10564 |
14127 |
16211 |
Table 11. The total number of completed diversion programs per financial year per province. Source: Nicro reports unpublished
DIVERSION CASES: 1996/72000/1 |
||||||
REGION |
1996/71 |
1997/82 |
1998/93 |
1999/20003 |
2000/14 |
20015 |
E. Cape |
5.33 |
10.88 |
18.6 |
16.3 |
9.26 |
11.52 |
Free State |
5.97 |
5.33 |
6.0 |
5.8 |
3.87 |
4.2 |
Gauteng |
23.30 |
24.41 |
13.4 |
19.6 |
11.81 |
30.85 |
KwaZulu Natal |
27.95 |
28.04 |
19.2 |
22.1 |
22.72 |
18.46 |
Limpopo |
0.9 |
2.94 |
2.05 |
|||
Mpumalanga |
1.38 |
1.85 |
2.6 |
2.4 |
5.23 |
2.73 |
N. Cape |
3.01 |
4.14 |
4.9 |
5.4 |
13.57 |
7.2 |
N. W. Province |
3.0 |
2.6 |
3.55 |
4.09 |
||
W. Cape |
33.07 |
25.34 |
32.0 |
24.8 |
27.06 |
18.9 |
Table 12. Diversion Cases: 1996/72000/1. Regional Distribution. Source: Nicro reports unpublished
NICRO services were established in the North West Province in 1998/9 and in the Limpopo Province in1999/00.
Figure 7. Total number of diversions in all provinces, from financial year 1996/97 to 2001/02, Source: Nicro reports unpublished.
As the above graph indicates, the number of diversion cases rapidly increased each year at an average rate of 24.5 %. This trend will in all likelihood continue, given the centrality of diversion to the Child Justice Bill.
|
|||||||
NUMBER OF DIVERSION CASES PER PROGRAMME PER YEAR |
|||||||
|
1996/97 |
1997/98 |
1998/99 |
1999/00 |
2000/01 |
2001/02 |
% |
YES |
2168 |
4453 |
5711 |
6973 |
8242 |
7177 |
61.4 |
PTCS |
|
548 |
1115 |
1692 |
2401 |
2893 |
15.3 |
YES & PTCS |
|
250 |
400 |
525 |
593 |
903 |
4.7 |
VOM |
|
21 |
32 |
35 |
54 |
62 |
0.4 |
YES & VOM |
|
26 |
20 |
74 |
141 |
0.5 |
|
FGC |
|
87 |
199 |
252 |
349 |
338 |
2.2 |
Journey |
|
80 |
120 |
195 |
382 |
869 |
2.9 |
Support & counselling |
|
47 |
83 |
176 |
611 |
801 |
3.0 |
Youth at risk |
|
953 |
2214 |
5.6 |
|||
Other |
83 |
220 |
696 |
468 |
813 |
4.0 |
|
Total |
2168 |
5569 |
7906 |
10564 |
14127 |
16211 |
Table 13. Number of Diversion cases per programme per year. Source: Nicro reports unpublished.
The life-skills Programme of Nicro, YES, account for 57.8% of the total followed by the Pre-trial Community Service Programme at 14.4%.
As reflected in the statistics contained in Table 11, the number of diversion cases remained stable between 1996 to 1997/8. Furthermore, for this period the majority of diversions took place in the Western Cape, KwaZulu-Natal and Gauteng for this period (see Table 12).
The uneven distribution of diversion cases across regions as reflected in Table 11, is generally viewed as a function of the uneven distribution of Nicro offices across the country and the establishment of diversion services. (Muntingh, 1999).
Table 14 reveals that young people aged 14 to 17 years constituted more than 86% of all diversion programme participants, while children aged 7 to 13 years constituted less than 14% of programme beneficiaries in 2001/02. Representing 26.0% of all diversion programme participants, 17-year-olds constituted the single largest age group amongst the diversion participants.
In terms of gender representation, substantially more male children appear to have benefited from diversion programmes than female children. For example, between 1996 and 1998/9 male children consistently constituted in excess of 74 percent of all diversion programme participants while female children constituted consistently less than 26 percent of the participants (see Table 15). It was only in 2000 that females constituted 28% of the total. However, in view of the absence of comprehensive statistics on the gender distribution of arrested children, it would be difficult to interpret the significance of the foregoing statistics.
Furthermore, as revealed in Tables 16 to 18, children charged with property offences appear to have been more likely to benefit from diversion programmes than children who were charged with other offences, such as offences in the aggressive crimes category.
CHILDREN IN NICRO DIVERSION PROGRAMMES IN 2001/2002 |
||||
AGE |
F |
Cum. F |
% |
Cum. % |
7 years |
59 |
59 |
0.5 |
0.5 |
8 years |
48 |
107 |
0.4 |
0.9 |
9 years |
32 |
139 |
0.2 |
1.1 |
10 years |
76 |
215 |
0.6 |
1.7 |
11 years |
194 |
409 |
1.5 |
3.2 |
12 years |
468 |
877 |
3.6 |
6.8 |
13 years |
937 |
1814 |
7.2 |
14.0 |
14 years |
1708 |
3522 |
13.1 |
27.1 |
15 years |
2691 |
6213 |
20.6 |
47.7 |
16 years |
3443 |
13099 |
26.4 |
74.1 |
17 years |
3397 |
16496 |
26.0 |
100 |
Total |
13053 |
|||
Codes: Cum. f = cumulative frequency; Cum. % = cumulative percentage |
Table 14. Children In Nicro Diversion Programmes In 2001/2002: Age Distribution. Source: NICRO, Unpublished figures.
Figure 8. Children in NICRO Diversion Programmes in 2001: Age Distribution.
NICRO DIVERSION CASES: 19962000 |
||||
SEX |
1996/7 |
1997/8 |
1998/9 |
2000 |
Male |
76.34% |
74.1% |
76.04% |
72.00% |
Female |
23.42% |
25.9% |
23.76% |
28.00% |
Table 15. Nicro Diversion Cases: 19961998/9. Sex Profile Of Participants. Source: Muntingh (1999, 1998b).
Figure 9. Diversion Cases: 1996 2001/2: Gender Profile.
OFFENCE PROFILE OF NICRO DIVERSION CASES ACCORDING TO GENDER FOR 1997/8 |
|||
MALES |
FEMALES |
||
OFFENCE2 |
CASES |
OFFENCE3 |
CASES |
Shoplifting |
39.21 |
Shoplifting |
70.94 |
Theft |
23.74 |
Theft |
17.57 |
Breaking & entering |
9.65 |
Common assault |
2.14 |
Possession of cannabis |
4.95 |
Breaking & entering |
1.80 |
Damage to property |
3.29 |
Possession of cannabis |
1.80 |
Common assault |
3.13 |
Assault g. b. h. |
1.14 |
Assault g. b. h. |
1.73 |
||
Attempted theft |
1.31 |
||
Possession of stolen property |
1.29 |
||
Robbery |
1.13 |
||
1. Ten leading offences. |
Table 16. Offence Profile Of Nicro Diversion Cases According To Gender For 1997/8. Source: Muntingh (1997).
The offence profile for the males and females show significant similarities in the sense that both are charged with primarily property offences and that less than 6% are charged with violent offences.
NICRO DIVERSION CASES: 1997/8, 1998/9 & 2000 |
||||||||||
OFFENCE |
% OF CASES |
OFFENCE |
% OF CASES |
|||||||
1997/8 |
1998/9 |
2000 |
1997/8 |
1998/9 |
2000 |
|||||
Murder |
0.26 |
0.14 |
Fraud |
0.5 |
0.54 |
|||||
Culpable homicide |
0.26 |
0.08 |
Crimen Injuria |
0.07 |
0.03 |
|||||
Attempted murder |
0.17 |
0.08 |
0.3 |
Trespassing |
0.34 |
0.25 |
||||
Rape |
0.05 |
0.15 |
Malicious damage to property |
2.54 |
2.29 |
0.6 |
||||
Attempted rape |
0.09 |
0.21 |
Hijacking |
0.01 |
||||||
Common assault |
2.88 |
3.77 |
5.4 |
Pointing a firearm |
0.17 |
0.05 |
0.3 |
|||
Assault: GBH |
1.58 |
1.98 |
Negligent discharge of a firearm |
0.11 |
||||||
Indecent assault |
0.64 |
0.97 |
0.3 |
Arson |
0.03 |
0.14 |
0.6 |
|||
Armed robbery |
0.04 |
Attempted arson |
0.07 |
|||||||
Robbery |
0.84 |
1.33 |
1.1 |
Contravention of Explosives Act |
0.22 |
0.15 |
||||
Theft |
22.25 |
29.28 |
25.4 |
Driving under the influence of alcohol |
0.36 |
0.92 |
0.6 |
|||
Theft of motor vehicle |
0.25 |
1.4 |
Reckless driving |
0.38 |
0.33 |
1.1 |
||||
Theft from motor vehicle |
0.58 |
1.1 |
Driving without a licence |
0.48 |
0.38 |
|||||
Attempted theft |
1.03 |
0.78 |
0.3 |
Unauthorised use of a motor vehicle |
0.6 |
0.19 |
0.3 |
|||
Breaking and entering |
7.66 |
9.14 |
6.5 |
Public violence |
0.02 |
0.13 |
||||
Shoplifting |
47.54 |
36.16 |
48.3 |
Public indecency |
0.15 |
|||||
Possession of narcotics |
0.46 |
1.08 |
0.3 |
Sexual harassment |
0.14 |
0.04 |
0.3 |
|||
Possession of cannabis |
4.16 |
4.6 |
2.8 |
Making indecent suggestions |
0.02 |
|||||
Dealing in cannabis |
0.14 |
0.3 |
0.3 |
Child abuse |
0.03 |
|||||
Dealing in other narcotics |
0.05 |
0.05 |
Incest |
0.01 |
||||||
Dealing in alcohol |
0.09 |
0.08 |
Mistreatment of an animal |
0.05 |
0.05 |
|||||
Possession of stolen goods |
0.96 |
0.93 |
1.1 |
Catching a crayfish in a reserve |
0.02 |
|||||
Possession of firearm |
0.62 |
0.82 |
Defeating the ends of justice |
0.17 |
0.06 |
|||||
Possession of ammunition |
0.14 |
0.13 |
Perjury |
0.03 |
0.04 |
|||||
Possession of counterfeit money |
0.14 |
0.05 |
Unknown |
1.48 |
0.87 |
0.6 |
||||
Possession of house-breaking equipment |
0.31 |
0.29 |
0.6 |
Table 17. Nicro Diversion Cases: 1997/8 & 1999. Offence Profile. Source: Muntingh (1999, 2001)
NICRO DIVERSION CASES: 1997/8 & 1998/9 |
||
OFFENCE |
CASES 1997/8 |
CASES 1998/9 |
Person |
6.3 |
9.1 |
Property |
84.9 |
80.4 |
Victimless |
8.8 |
10.5 |
NICRO DIVERSION CASES: 1996/7 2000 |
||||
ORIGIN OF REFERRAL |
1996/7 |
1997/8 |
1998/9 |
2000 |
Self-referred |
0.00 |
0.05 |
0.1 |
0.00 |
Other & unknown |
2.78 |
2.75 |
2.5 |
6.2 |
Family |
0.03 |
0.5 |
1.15 |
0.6 |
School |
0.28 |
0.68 |
1.2 |
1.1 |
SAPS |
0.03 |
2.17 |
0.85 |
0.3 |
Magistrate |
0.75 |
7.1 |
14.76 |
7.1 |
Prosecutor |
96.13 |
86.75 |
79.45 |
84.7 |
NICRO DIVERSION CASES: 1997/8 & 1998/9: |
|||
PROGRAMME |
1997/8 |
1998/9 |
2000/1 |
Youth Empowerment Scheme (YES) & Victim Offender Mediation (VOM) |
- |
82.6 |
- |
Other |
82.87 |
54.9 |
- |
Youth Empowerment Scheme (YES) & Pre-trial Community Service (PTCS) |
82.87 |
82.8 |
86.0 |
The Journey |
88.75 |
95 |
90.7 |
Victim Offender Mediation (VOM) |
90.48 |
89.7 |
80.8 |
Family Group Conferences (FGC) |
74.71 |
89.1 |
84.0 |
Pre-trial Community Service (PTCS) |
82.85 |
82.2 |
83.0 |
Youth Empowerment Scheme (YES) |
85.17 |
82.8 |
86.1 |
Table 20. Nicro Diversion Cases: 1997/8 & 1998/9. Compliance Rate Per Programme (in percentage). Source: Muntingh (1999).
4.2 Diversion at specific courts and per magisterial district
NUMBER OF DIVERSIONS IN PORT ELIZABETH |
||||||||||
PROGRAM |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Totals |
YES |
42 |
53 |
35 |
34 |
44 |
31 |
38 |
32 |
40 |
479 |
PTCS |
12 |
18 |
11 |
14 |
15 |
14 |
12 |
7 |
23 |
126 |
FGC |
3 |
5 |
4 |
14 |
3 |
3 |
5 |
10 |
8 |
55 |
JOURNEY |
10 |
10 |
Table 21. Number of Diversions in Port Elizabeth 2002. Source: Dept of Social Development: E Cape (2002) Unpublished figures, Stepping Stones Port Elizabeth.
NUMBER OF CHILDREN BEING DIVERTED AT WYNBERG, APRIL 2002 TO OCTOBER 2002 |
|
YES program |
99 |
Drug information school |
12 |
Pre-trial Community service |
11 |
Childrens court inquiry |
3 |
TOTAL |
125 |
Table 22. Number of children being diverted at Wynberg. Source: Provincial administration: Western Cape Department of Social Services.
NUMBER OF CHILDREN BEING DIVERTED AT CAPE TOWN ASSESSMENT CENTRE IN YEAR 2002 |
||
Assessed month |
Total |
% |
January |
19 |
7 |
February |
37 |
14 |
March |
42 |
16 |
April |
25 |
10 |
May |
46 |
17 |
June |
52 |
20 |
July |
22 |
8 |
August |
13 |
5 |
September |
8 |
3 |
Total |
264 |
100 |
Table 23. Number of children being diverted at Cape Town assessment center in year 2002. Source: Western Cape, Department of Social Services.
From the total number of assessed children, 897, at Cape Town Assessment Centre, 264 of them were diverted in the year 2002 or 29.4%. (Western Cape, Department of Social Services).
PERCENTAGE OF ASSESSED CASES REFERRED FOR DIVERSION |
|||
INSTITUTION |
PERIOD |
% CASES RECOMMENDED FOR DIVERSION |
N |
Assessment, Reception & Referral Centre (Durban)1 |
16/06/1996 to 16/06/1997 |
20.24% |
2712 |
Stepping Stones Project |
15/08/1997 to 31/10/1998 |
26.53% |
2688 |
Cape Town |
1/1/2002 to 31/12/2002 |
29.4 |
897 |
1 A pilot project that functioned between June 16, 1996 and June 16, 1997. |
Table 24. Percentage Of Assessed Cases Referred For Diversion At Two Assessment Centres: 19961998. Source: Sloth-Nielsen & Muntingh (1999).
As indicated by the data reflected in Table 24, a relatively small percentage of the cases assessed were recommended for diversion for the two time periods under consideration, namely, 20.24 percent in the case of the Durban Assessment, Reception and Referral Centre and 26.53 percent in the case of the Stepping Stones Project. Indeed, as Sloth-Nielsen and Muntingh (1999) point out, the percentage of cases diverted was significantly inferior to the target set for the Assessment, Reception and Referral Centres.
The following table indicates the magisterial district where programme participants reside for the year 2001/02.
GEOGRAPHICAL DISTRIBUTION PER MAGISTERIAL DISTRICT OF NICRO DIVERSION PROGRAMME BENEFICIARIES FOR 2001/2002 |
|||
Province |
Magisterial District |
Number |
Totals |
WESTERN CAPE |
Unknown |
20 |
|
|
Beaufort-West |
64 |
|
|
Bellville |
257 |
|
|
Bonnievale |
6 |
|
|
Bredasdorp |
33 |
|
|
Caledon |
3 |
|
|
Calitzdorp |
9 |
|
|
George |
142 |
|
|
Goodwood |
136 |
|
|
Grabouw |
12 |
|
|
Heidelberg |
4 |
|
|
Kaapstad |
222 |
|
|
Knysna |
82 |
|
|
Kuilsrivier |
197 |
|
|
Ladismith |
20 |
|
|
Malmesbury |
57 |
|
|
Mitchells Plain |
463 |
|
|
Mosselbaai |
82 |
|
|
Oudtshoorn |
142 |
|
|
Paarl |
78 |
|
|
Simonstad |
83 |
|
|
Somerset West |
42 |
|
|
Stellenbosch |
54 |
|
|
Strand |
31 |
|
|
Wellington |
1 |
|
|
Worcester |
187 |
|
|
Wynberg |
440 |
2867 |
EASTERN CAPE |
|
||
|
Ezibeleni |
26 |
|
|
Graaff -Reinet |
19 |
|
|
Grahamstown |
165 |
|
|
Hankey |
8 |
|
|
Humansdorp |
24 |
|
|
Joubertina |
13 |
|
|
Keiskammahoek |
1 |
|
|
King Williams Town |
87 |
|
|
Lady Frere |
67 |
|
|
Mdantsane |
169 |
|
|
East London |
120 |
|
|
Peddie |
2 |
|
|
Port Elizabeth |
798 |
|
|
Queenstown |
177 |
|
|
Uitenhage |
204 |
|
|
Umtata |
135 |
|
|
Whittlesea |
43 |
|
|
Zwelitsha |
137 |
2195 |
KZ-NATAL |
Unknown |
3 |
|
|
Babango |
1 |
|
|
Camperdown |
56 |
|
|
Chatsworth |
78 |
|
|
Durban |
721 |
|
|
Estcourt |
3 |
|
|
Glencoe |
1 |
|
|
Impendle |
19 |
|
|
Inanda |
233 |
|
|
Lower Tugela |
13 |
|
|
Lower Umfolozi |
227 |
|
|
Mapumulo |
1 |
|
|
Ndwedwe |
16 |
|
|
Newcastle |
1 |
|
|
New Hanover |
16 |
|
|
Nongoma |
5 |
|
|
Pietermairtzburg |
553 |
|
|
Pinetown |
335 |
|
|
Port Shepstone |
93 |
|
|
Richmond |
4 |
|
|
Umbumbulu |
21 |
|
|
Umlazi |
330 |
|
|
Umvoti |
1 |
|
|
Umzinto |
5 |
|
|
Vryheid |
1 |
2737 |
FREESTATE |
|
||
|
Bloemfontein |
593 |
|
|
Kroonstad |
228 |
821 |
N-CAPE |
|
||
|
Barkly West |
21 |
|
|
Britstown |
48 |
|
|
De Aar |
301 |
|
|
Douglas |
22 |
|
|
Fraserburg |
1 |
|
|
Garies |
22 |
|
|
Hanover |
41 |
|
|
Hartswater |
14 |
|
|
Jan Kempdorp |
48 |
|
|
Kakamas |
30 |
|
|
Keimoes |
14 |
|
|
Kenhardt |
2 |
|
|
Kimberley |
538 |
|
|
Pofadder |
27 |
|
|
Port Nolloth |
8 |
|
|
Springbok |
330 |
|
|
Upington |
258 |
1725 |
GAUTENG |
Unknown |
45 |
|
|
Alberton -North |
39 |
|
|
Benoni |
140 |
|
|
Boksburg |
56 |
|
|
Brakpan |
43 |
|
|
Bronkhorstspruit |
1 |
|
|
Cullinan |
7 |
|
|
Germiston |
75 |
|
|
Heidelberg |
19 |
|
|
Johannesburg |
1271 |
|
|
Kempton Park |
35 |
|
|
Krugersdorp |
1 |
|
|
Meyerton |
29 |
|
|
Tembisa |
10 |
|
|
Nigel |
7 |
|
|
Pretoria |
542 |
|
|
Pretoria North |
295 |
|
|
Randburg |
262 |
|
|
Randfontein |
70 |
|
|
Roodepoort |
213 |
|
|
Springs |
88 |
|
|
VanderBijl Park |
439 |
|
|
Vereeninging |
304 |
|
|
Soshanguve |
116 |
4107 |
MPUMALANGA |
|
||
|
Amersfoort |
1 |
|
|
Balfour |
1 |
|
|
Bethal |
9 |
|
|
Evander |
44 |
|
|
Kriel |
14 |
|
|
Kanyamazane |
2 |
|
|
Morgenzon |
1 |
|
|
Nelspruit |
208 |
|
|
Kabokweni |
84 |
|
|
Standerton |
170 |
|
|
Volksrust |
25 |
|
|
Witbank |
2 |
|
|
Witrivier |
14 |
|
|
Nkomazi |
9 |
584 |
NORTH WEST |
|
||
|
Bafokeng |
97 |
|
|
Brits |
119 |
|
|
Madikwe |
22 |
|
|
Odi |
442 |
|
|
Rustenburg |
283 |
963 |
LIMPOPO |
|
||
|
Bochum |
113 |
|
|
Mankweng |
34 |
|
|
Polokwane |
51 |
|
|
Ritavi |
7 |
|
|
Seshego |
35 |
|
|
Tzaneen |
64 |
304 |
|
|
|
16300 |
Table 25. Geographical Distribution per magisterial district of NICRO Diversion Programmes Beneficiaries for 2001/2002.Source: Unpublished figures, Nicro.
NUMBER OF MAGISTERIAL DISTRICTS PER PROVINCE REACHED BY NICRO DIVERSION SERVICES |
|||
Province |
NR Reached |
Total number of Districts |
% |
Western Cape |
26 |
48 |
54.2 |
Eastern Cape |
18 |
80 |
22.5 |
KZ- Natal |
24 |
67 |
35.8 |
Free State |
2 |
65 |
3.1 |
Northern Cape |
17 |
35 |
48.6 |
Gauteng |
23 |
25 |
92 |
Mpumalanga |
14 |
34 |
41.2 |
North West |
5 |
32 |
15.6 |
Limpopo |
6 |
47 |
12.8 |
TOTAL |
135 |
433 |
Table 26. Number of Magisterial Districts per province reached by NICRO Diversion Services. Source: Unpublished figures, Nicro.
4.3 Impact evaluation of diversion programmes
Two surveys were conducted by NICRO in 1998 and 2000 respectively. The 1998 sample framework identified a stratified sample of 640 individuals who participated in a diversion programme at least 12 months prior to the survey according to geographical location and programme profile. Respondents were selected from seven provinces in proportion to the numbers in the five diversion programmes.
Of the 640 questionnaires that went out in 1998, 468 (67%) were received back. Owing to certain problems not all the questionnaires were completed. Of the 468 that came back, 64% were completed when interviewing the client and 36% when interviewing an alternative respondent, as the client was not available.
In 2000 the same group of 468 was targeted and 356 (76.1%) questionnaires were completed. In 55.3% of the cases the client was the respondent and in 44.7% of cases, an alternative respondent was interviewed. Table 27 summarises the tracking rate of the two surveys. As expected the proportion of questionnaires in which the client was the respondent decreased by 10% because the target group is at a very mobile stage in life.
RESPONDENT NUMBERS IN 1998 AND 2000 SURVEYS |
|||||
% |
Respondent |
||||
1998 |
Targeted |
640 |
Client |
65.8% |
|
Received |
468 |
73.1% |
Alternative |
34.2% |
|
2000 |
Targeted |
468 |
Client |
55.3% |
|
Received |
356 |
76.1% |
Alternative |
44.7% |
GENDER OF RESPONDENTS |
|||
Male |
Female |
N = |
|
1998 |
72% |
28% |
468 |
2000 |
72% |
28% |
356 |
RACE OF RESPONDENTS (PERCENTAGES) |
|||
Race |
1998 |
2000 |
Variance |
African |
54.3 |
57.9 |
3.6 |
Asian |
4.5 |
5.1 |
0.6 |
Coloured |
29.1 |
26.8 |
-2.3 |
White |
12.0 |
10.2 |
-1.8 |
Programme profile of respondents |
||
Programme |
1998 |
2000 |
YES |
72.2 |
74.0 |
PTCS |
10.3 |
10.2 |
FGC |
2.8 |
1.4 |
Journey |
3.2 |
3.4 |
YES & PTCS |
8.8 |
9.0 |
Other |
1.7 |
1.4 |
OFFENCE PROFILE OF RESPONDENTS |
||||
Offence |
1998 |
2000 |
% 1998 |
% 2000 |
Unknown |
4 |
2 |
0.9 |
0.6 |
Murder |
1 |
0 |
0.2 |
0.0 |
Attempted Murder |
1 |
1 |
0.2 |
0.3 |
Common Assault |
28 |
19 |
6.0 |
5.4 |
Assault Gbh |
1 |
0 |
0.2 |
0.0 |
Robbery |
6 |
4 |
1.3 |
1.1 |
Theft |
115 |
90 |
24.6 |
25.4 |
Shoplifting |
213 |
171 |
45.5 |
48.3 |
Attempted Theft |
3 |
1 |
0.6 |
0.3 |
Fraud |
1 |
0 |
0.2 |
0.0 |
Malicious Damage to Property |
5 |
2 |
1.1 |
0.6 |
Driving Under the Influence of Alcohol |
2 |
2 |
0.4 |
0.6 |
Pointing A Firearm |
1 |
1 |
0.2 |
0.3 |
Reckless Driving |
4 |
4 |
0.9 |
1.1 |
Possession of Dagga |
15 |
10 |
3.2 |
2.8 |
Possession of Other Narcotics |
3 |
1 |
0.6 |
0.3 |
Dealing in Dagga |
1 |
1 |
0.2 |
0.3 |
Possession of Stolen Goods |
4 |
4 |
0.9 |
1.1 |
Unauthorised use of a motor vehicle |
1 |
1 |
0.2 |
0.3 |
Sexual Harassment |
1 |
1 |
0.2 |
0.3 |
Arson |
6 |
2 |
1.3 |
0.6 |
Gambling |
1 |
0 |
0.2 |
0.0 |
Trespassing |
1 |
0 |
0.2 |
0.0 |
Possession housebreaking equipment |
2 |
2 |
0.4 |
0.6 |
Possession of Firearm |
3 |
2 |
0.6 |
0.6 |
Theft from motor vehicle |
4 |
4 |
0.9 |
1.1 |
Theft of motor vehicle |
5 |
5 |
1.1 |
1.4 |
Housebreaking |
34 |
23 |
7.3 |
6.5 |
Sodomy |
1 |
1 |
0.2 |
0.3 |
Not Applicable |
1 |
0 |
0.2 |
0.0 |
Total |
468 |
354 |
TYPE OF REFERRAL |
||
Type |
1998 |
2000 |
Sentenced |
15 (3.2%) |
12 (3.4%) |
Diverted |
452 (96.8%) |
341(96.6%) |
SOURCE OF REFERRAL |
||||
SOURCE |
1998 |
2000 |
1998 |
2000 |
Prosecutor |
394 |
300 |
84.2 |
84.7 |
Magistrate |
34 |
25 |
7.3 |
7.1 |
Police |
2 |
1 |
0.4 |
0.3 |
School |
5 |
4 |
1.1 |
1.1 |
Family |
2 |
2 |
0.4 |
0.6 |
Other |
27 |
20 |
5.8 |
5.6 |
Social worker |
1 |
0 |
0.2 |
0.0 |
Unknown |
3 |
2 |
0.6 |
0.6 |
Total |
468 |
356 |
100.0 |
100.0 |
Table 33. Source of referral. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
Almost all the programme participants were still busy with their schooling while attending the programme. Other research has shown that school attendance strongly influences the decision of the prosecutor to divert a case or not.
Figure 12. Employment at time of programme. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
SUMMARISED HOUSEHOLD STRUCTURE |
||
Relation |
Present |
Not present |
Grandparent(s) |
18.0 |
82.0 |
Father |
52.1 |
47.9 |
Mother |
75.7 |
24.3 |
Table 34. Summarised household structure. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
In the 1998 survey respondents were asked what they were expecting to happen during the programme that they were about to attend. From the responses it is clear that there was a fair amount of misconception of what was to happen in the programme. The responses are listed in the table below according to the programme they were referred to.
Experience of the programme
Although there was some initial confusion in terms of what to expect from the programme they had been referred to, feedback from programme participants on programme content in both surveys was extremely positive and for most participants the programme they attended was a memorable experience. Most respondents were able to remember a fair amount of detail about the programme content, which is indicative of impact. Experiential and adventure education techniques appear to have been used to good effect by the programme facilitators. The fact that the majority of the respondents still had a positive opinion of the programme 24 months after they participated is also indicative of the programme effect. Limited negative feedback was received from the interviewed participants. Some negative feedback did in fact refer to intentionally difficult process that form part of the programme such as discussing personal matters.
EXPERIENCE OF THE PROGRAMME |
||||||
EXPECTATIONS |
YES |
PCTS |
FGC |
Journey |
YES & PTCS |
Other |
No idea what to expect |
43 |
3 |
4 |
3 |
1 |
|
Learn about disadvantages of crime |
32 |
1 |
1 |
2 |
||
Tough, have to work to repay crime |
7 |
10 |
2 |
6 |
||
Learn about life skills |
16 |
3 |
1 |
1 |
2 |
|
To receive some guidance/counselling |
26 |
1 |
1 |
1 |
||
Would go to jail after programme |
3 |
1 |
1 |
|||
Would be treated like a criminal |
13 |
1 |
3 |
3 |
||
To learn new things |
6 |
|||||
Would have to talk to someone |
3 |
|||||
Would help to solve problems |
1 |
1 |
||||
Clear name of criminal record |
7 |
|||||
Learn skills to avoid crime |
25 |
2 |
1 |
4 |
||
Good treatment |
2 |
1 |
||||
Physical punishment |
12 |
2 |
1 |
3 |
||
Formal education |
10 |
1 |
1 |
|||
Skills to earn own income |
1 |
|||||
To be sent away |
1 |
|||||
To be like a reform school |
6 |
1 |
1 |
|||
To appear in the newspaper |
1 |
|||||
Would be punished by victim |
1 |
|||||
Negative response |
4 |
3 |
||||
Overt punishment |
2 |
1 |
||||
To receive a warning |
1 |
1 |
||||
To correct his/her mistakes |
1 |
|||||
To be boring |
3 |
1 |
||||
To be disciplined |
1 |
|||||
Total |
226 |
28 |
10 |
7 |
31 |
3 |
Retention of programme content |
||||||
RETENTION |
YES |
PTCS |
FGC |
Journey |
YES & PTCS |
Other |
Unsure |
4 |
1 |
||||
Sessions on crime/ law |
48 |
1 |
6 |
1 |
||
Sessions on drugs |
5 |
1 |
||||
Disadvantages of a criminal record |
5 |
|||||
Sessions on relationships/sharing feelings |
29 |
1 |
3 |
1 |
||
Life skills |
11 |
1 |
1 |
2 |
||
Sessions on problem-solving |
8 |
1 |
1 |
|||
Not much |
12 |
3 |
1 |
|||
Sessions on decision-making |
14 |
|||||
People involved; working/supporting |
8 |
2 |
1 |
1 |
2 |
|
Role-playing |
13 |
5 |
||||
Physical work |
17 |
2 |
1 |
3 |
||
Learning right from wrong |
4 |
1 |
||||
Effect of crime on victim |
1 |
1 |
1 |
|||
Session on being a good role model |
1 |
|||||
The camp |
2 |
|||||
Games |
16 |
4 |
||||
Group work |
8 |
1 |
1 |
1 |
||
Introduction session |
4 |
1 |
1 |
1 |
||
Self-awareness skills |
9 |
2 |
||||
Communication skills |
3 |
|||||
Sessions on assertiveness |
3 |
|||||
Everything |
2 |
2 |
1 |
|||
Session on bad influences/ friends |
4 |
|||||
Educational talks |
3 |
|||||
Setting goals for the future |
6 |
|||||
Accepting responsibility for own actions |
2 |
|||||
Sessions on trusting others |
2 |
|||||
Farewell letter at end of programme |
1 |
|||||
Felt relieved at receiving forgiveness |
1 |
|||||
Total |
227 |
28 |
10 |
7 |
31 |
3 |
IMPRESSED MOST ABOUT THE PROGRAMME |
||||||
Description |
YES |
PTCS |
FGC |
Journey |
YES & PTCS |
Other |
Unsure |
3 |
|||||
Self-awareness skills |
17 |
1 |
||||
Co-ordination of programme/workers skills |
23 |
1 |
1 |
3 |
||
Opportunity to voice own opinions/skills |
17 |
1 |
3 |
|||
Opportunity to think/plan future |
4 |
|||||
Learned effect of bad friends |
6 |
1 |
||||
Problem-solving skills |
7 |
2 |
||||
Relationship skills |
9 |
1 |
1 |
|||
Everything |
17 |
6 |
2 |
1 |
||
Victims' forgiveness |
1 |
|||||
Games |
24 |
2 |
2 |
|||
Can't remember |
3 |
1 |
||||
Role-playing |
13 |
1 |
2 |
7 |
||
Being treated with respect and understanding |
6 |
4 |
1 |
1 |
||
Consequences of crime |
15 |
2 |
||||
Everyone working together |
6 |
1 |
||||
The hike |
2 |
|||||
Group discussions |
18 |
1 |
1 |
|||
To learn the value of parents |
1 |
|||||
Place where community service was done |
5 |
1 |
2 |
|||
Visit to the prison |
1 |
|||||
Sessions attended by parents |
5 |
|||||
Session on crime awareness/prevention |
7 |
3 |
||||
Physical work |
3 |
1 |
1 |
1 |
||
Decision making skills |
5 |
|||||
Session on gangsterism and drugs |
1 |
|||||
Other children attending the programme |
2 |
|||||
Introduction session |
2 |
1 |
||||
Parent-child relationship |
4 |
|||||
Nothing |
3 |
4 |
||||
Educational talks |
4 |
|||||
Achievement of goals |
2 |
|||||
Sessions on trust |
2 |
1 |
||||
Victim's forgiveness |
1 |
|||||
Planning careers |
1 |
|||||
Total |
227 |
27 |
10 |
7 |
31 |
3 |
IMPRESSED THE LEAST ABOUT THE PROGRAMME |
||||||
Description |
YES |
PTCS |
FGC |
Journey |
YES & PTCS |
Other |
Nothing |
166 |
14 |
7 |
5 |
16 |
2 |
That the programme ran over a weekend |
2 |
1 |
||||
Long hours/times |
5 |
4 |
1 |
|||
Games |
10 |
2 |
1 |
1 |
1 |
|
Knowing that if someone does not attend, there will be trouble |
2 |
|||||
Sharing personal feelings/history of crime |
17 |
1 |
5 |
|||
Compulsory |
1 |
|||||
Some children were fighting |
4 |
1 |
1 |
|||
Physical work |
6 |
4 |
||||
The venue |
2 |
|||||
Questionnaire |
3 |
|||||
Role-playing |
2 |
|||||
Sessions attended by parents |
1 |
1 |
1 |
|||
Groups |
1 |
|||||
Not enough participation by workers |
1 |
|||||
Employees too strict |
1 |
1 |
||||
Being body-searched |
1 |
|||||
Instructions not always clear |
1 |
|||||
Dangerous activity during Journey |
1 |
|||||
Learning about the consequences of crime |
1 |
|||||
Sessions on HIV/Aids |
1 |
|||||
Sessions on friends |
2 |
|||||
Sessions on alcohol and drugs |
1 |
1 |
||||
Total |
224 |
28 |
10 |
7 |
31 |
3 |
LEARNED FROM THE PROGRAMME |
||||
Learned from programme |
1998 |
2000 |
% 1998 |
% 2000 |
Unsure |
3 |
5 |
1.0 |
2.5 |
Respect for self and others |
27 |
7 |
8.7 |
3.6 |
Crime doesn't pay |
64 |
20 |
20.7 |
10.2 |
Effect of crime on victim |
5 |
2 |
1.6 |
1.0 |
Basic life skills |
5 |
8 |
1.6 |
4.1 |
To stay away from bad influences/friends |
29 |
15 |
9.4 |
7.6 |
How to handle personal problems |
8 |
6 |
2.6 |
3.0 |
Learned from his/her mistakes |
12 |
6 |
3.9 |
3.0 |
Motivated to finish school - to get job one day |
4 |
2 |
1.3 |
1.0 |
To accept responsibility for own actions/life |
25 |
14 |
8.1 |
7.1 |
To understand other people |
4 |
6 |
1.3 |
3.0 |
A criminal record can destroy your future |
15 |
11 |
4.9 |
5.6 |
To do the right things |
33 |
22 |
10.7 |
11.2 |
Humanity/compassion for others |
1 |
4 |
0.3 |
2.0 |
Vision for future |
3 |
0 |
1.0 |
0.0 |
To share personal problems/feelings |
8 |
3 |
2.6 |
1.5 |
Responsible decision-making |
12 |
10 |
3.9 |
5.1 |
Communication skills |
13 |
10 |
4.2 |
5.1 |
To be a child again |
1 |
0 |
0.3 |
0.0 |
Danger of alcohol and drug abuse |
3 |
0 |
1.0 |
0.0 |
To obey the law |
6 |
7 |
1.9 |
3.6 |
Nothing |
2 |
5 |
0.6 |
2.5 |
Honesty is the best policy |
1 |
2 |
0.3 |
1.0 |
Skills, eg cooking, etc |
4 |
0 |
1.3 |
0.0 |
How to control temper/violence isn't an answer |
6 |
4 |
1.9 |
2.0 |
People are willing to give you a second chance |
6 |
4 |
1.9 |
2.0 |
To believe in oneself |
5 |
10 |
1.6 |
5.1 |
You have many options in life |
2 |
2 |
0.6 |
1.0 |
To work as part of a team |
1 |
3 |
0.3 |
1.5 |
Importance of forgiveness |
1 |
1 |
0.3 |
0.5 |
Have to work for what want in life-can't just steal if you want it |
0 |
8 |
0.0 |
4.1 |
WHAT WAS THE BEST PART OF THE PROGRAMME |
||||
Response |
1998 |
2000 |
% 1998 |
% 2000 |
Unsure |
7 |
8 |
2.3 |
4.1 |
Learned right from wrong |
12 |
5 |
3.9 |
2.5 |
Learning by participating, eg roleplaying, games |
37 |
21 |
12.1 |
10.7 |
Being treated with respect and understanding |
19 |
6 |
6.2 |
3.0 |
Meeting new people/friends |
27 |
6 |
8.8 |
3.0 |
Games |
22 |
23 |
7.2 |
11.7 |
Avoiding a criminal record |
7 |
1 |
2.3 |
0.5 |
Problem-solving |
7 |
4 |
2.3 |
2.0 |
Nothing |
6 |
3 |
2.0 |
1.5 |
Learning about the consequences of crime |
10 |
1 |
3.3 |
0.5 |
Crime-awareness sessions |
13 |
14 |
4.2 |
7.1 |
Everything |
27 |
20 |
8.8 |
10.2 |
Learning how to control your feelings |
3 |
2 |
1.0 |
1.0 |
Outdoor activities |
4 |
2 |
1.3 |
1.0 |
Chance to make own decisions |
3 |
3 |
1.0 |
1.5 |
Group discussions |
24 |
22 |
7.8 |
11.2 |
Beginning - reason for being there |
3 |
0 |
1.0 |
0.0 |
Opportunity to voice own opinion |
16 |
15 |
5.2 |
7.6 |
Questionnaires, worksheets |
3 |
1 |
1.0 |
0.5 |
Communication skills |
8 |
5 |
2.6 |
2.5 |
Visual aids, eg video |
1 |
1 |
0.3 |
0.5 |
Physical work - serving community |
7 |
6 |
2.3 |
3.0 |
Parent-child relationship |
10 |
5 |
3.3 |
2.5 |
Self-concept session |
11 |
12 |
3.6 |
6.1 |
Cooking for other people |
1 |
1 |
0.3 |
0.5 |
Planning his/her own business |
1 |
0 |
0.3 |
0.0 |
Ending - summary of how I have grown |
6 |
3 |
2.0 |
1.5 |
Aids-awareness programme |
1 |
1 |
0.3 |
0.5 |
Setting goals for the future |
2 |
1 |
0.7 |
0.5 |
Learning to trust others |
7 |
0 |
2.3 |
0.0 |
Facilitator |
1 |
2 |
0.3 |
1.0 |
Session on peer pressure |
0 |
2 |
0.0 |
1.0 |
Visit to prison |
0 |
1 |
0 |
0.5 |
Total |
306 |
197 |
100 |
100 |
Table 40. What was the best part of the programme? Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
Most of the respondents (56% in 1998 and 57% in 2000) identified no negative components of the programme in which they participated. The issues raised as negative aspects that received the highest frequencies related to the sharing of personal feelings and telling their "story", and feeling uncomfortable at the beginning of the programme, although the latter has dropped significantly and the former has increased. It should also be noted that not all the participants enjoyed the games and interactive learning techniques. The 2000 responses also yielded some new insights from the respondents, for example realising the impact of the programme on their parents who had to be present at the YES programme.
WHAT WAS THE WORST PART OF THE PROGRAMME |
||||
Response |
1998 |
2000 |
% 1998 |
% 2000 |
Too short |
8 |
2 |
6.5 |
2.4 |
Having to talk in a group |
11 |
2 |
8.9 |
2.4 |
Long hours/times |
15 |
7 |
12.1 |
8.4 |
Sharing personal feelings/history of crime |
26 |
23 |
21.0 |
27.7 |
Feeling guilty |
6 |
4 |
4.8 |
4.8 |
Felt uncomfortable in the beginning |
19 |
7 |
15.3 |
8.4 |
Asked too many questions |
2 |
0 |
1.6 |
0.0 |
Physical work |
5 |
3 |
4.0 |
3.6 |
Games |
12 |
5 |
9.7 |
6.0 |
Some people were rude/argued |
11 |
3 |
8.9 |
3.6 |
Questionnaires |
4 |
1 |
3.2 |
1.2 |
Promises were not always kept by workers |
1 |
1 |
0.8 |
1.2 |
Working for no pay |
1 |
0 |
0.8 |
0.0 |
The end |
2 |
3 |
1.6 |
3.6 |
Being advised to look for new friends |
1 |
2 |
0.8 |
2.4 |
Parent being present-saw how it hurt them |
0 |
6 |
0.0 |
7.2 |
Long discussions |
0 |
3 |
0.0 |
3.6 |
Venue |
0 |
2 |
0.0 |
2.4 |
Transport cost-difficult to get to venue |
0 |
5 |
0.0 |
6.0 |
Everything |
0 |
1 |
0.0 |
1.2 |
Mixed with other race groups/racism |
0 |
2 |
0.0 |
2.4 |
Not always enough depth to discussions |
0 |
1 |
0.0 |
1.2 |
Total |
124 |
83 |
100 |
100.0 |
CURRENT OPINIONS ABOUT THE PROGRAMME |
||||
Response |
1998 |
2000 |
% 1998 |
% 2000 |
Refer others to it |
14 |
1 |
4.6 |
0.5 |
Useful tool to empower youth |
19 |
26 |
6.2 |
13.2 |
Helped him/her to see life differently |
13 |
13 |
4.2 |
6.6 |
Can open new doors for you |
3 |
0 |
1.0 |
0.0 |
Very good/effective/helpful |
112 |
68 |
36.5 |
34.5 |
You can learn a lot |
29 |
2 |
9.4 |
1.0 |
Offers you a second chance |
16 |
6 |
5.2 |
3.0 |
Should do it more than once |
9 |
3 |
2.9 |
1.5 |
Should use client to talk to other youths |
6 |
1 |
2.0 |
0.5 |
Tough, but really helps |
5 |
1 |
1.6 |
0.5 |
Unsure |
16 |
15 |
5.2 |
7.6 |
Saved me |
4 |
3 |
1.3 |
1.5 |
More meaningful than going to jail |
4 |
1 |
1.3 |
0.5 |
Makes you take responsibility for own life |
4 |
3 |
1.3 |
1.5 |
Should continue good work |
18 |
17 |
5.9 |
8.6 |
Learn how to serve your community |
3 |
2 |
1.0 |
1.0 |
Helped to stay out of trouble |
12 |
5 |
3.9 |
2.5 |
Programmes too abstract - use more visual aids, etc |
2 |
2 |
0.7 |
1.0 |
Benefited a lot |
5 |
1 |
1.6 |
0.5 |
Helps you realise your mistakes |
3 |
5 |
1.0 |
2.5 |
Should be offered to communities/ schools |
5 |
14 |
1.6 |
7.1 |
Monitoring of youth after programme is important |
1 |
1 |
0.3 |
0.5 |
Teaches you to be yourself |
2 |
0 |
0.7 |
0.0 |
Teaches you things you take for granted |
2 |
0 |
0.7 |
0.0 |
Needs a skills training component |
0 |
2 |
0.0 |
1.0 |
Should be run over holidays & weekends |
0 |
3 |
0.0 |
1.5 |
Workers should be more positive |
0 |
1 |
0.0 |
0.5 |
Parents should be more involved |
0 |
1 |
0.0 |
0.5 |
Total |
307 |
197 |
100.0 |
100.0 |
REASONS FOR FINISHING THE PROGRAMME |
||||||
Description |
YES |
PTCS |
FGC |
Journey |
YES & PTCS |
Other |
Afraid of law/prison/criminal record |
90 |
12 |
6 |
10 |
1 |
|
Enjoyed the programme |
10 |
2 |
1 |
5 |
||
Realised for own good |
20 |
1 |
2 |
|||
Committed to the rules of the programme |
23 |
4 |
1 |
|||
Social worker |
7 |
|||||
Curious |
6 |
1 |
||||
To learn new things/interesting/ informative |
15 |
1 |
3 |
|||
To understand crime better |
3 |
1 |
2 |
1 |
||
Unsure |
9 |
2 |
1 |
|||
To help others who might be in trouble |
2 |
|||||
Vision for future - career, family, etc |
5 |
1 |
1 |
|||
To have a better life |
12 |
2 |
1 |
|||
To learn from mistakes |
5 |
|||||
Felt guilty about crime |
5 |
1 |
1 |
2 |
1 |
|
Stay out of trouble |
1 |
|||||
Prove self to community/family |
4 |
3 |
1 |
2 |
||
Motivated by family/friends |
6 |
1 |
1 |
|||
Didn't have any other options |
3 |
1 |
||||
Didn't want to waste this opportunity |
1 |
1 |
||||
Family dependent on him/her |
1 |
|||||
Total |
226 |
29 |
10 |
7 |
30 |
3 |
DID ANYTHING CHANGE FOR YOU AFTER THE PROGRAMME? |
||||
1998 |
2000 |
|||
Description |
Number |
% |
Number |
% |
Motivated person |
22 |
7.2 |
2 |
1.0 |
Not interested in crime any more |
57 |
18.6 |
26 |
13.3 |
Choosing friends more selectively |
42 |
13.7 |
25 |
12.8 |
Better interpersonal skills |
14 |
4.6 |
6 |
3.1 |
Knows what is the right thing to do |
18 |
5.9 |
3 |
1.5 |
A total turnaround |
16 |
5.2 |
8 |
4.1 |
Knows what he/she wants from life |
4 |
1.3 |
4 |
2.0 |
Attending school regularly |
13 |
4.2 |
10 |
5.1 |
Staying home more |
15 |
4.9 |
13 |
6.6 |
Still the same |
25 |
8.1 |
18 |
9.2 |
Think twice before doing something |
15 |
4.9 |
9 |
4.6 |
Positive attitude |
14 |
4.6 |
7 |
3.6 |
Given up possession of dangerous weapons |
2 |
0.7 |
0 |
0.0 |
More responsible person |
7 |
2.3 |
20 |
10.2 |
Relationship with parents improved |
21 |
6.8 |
16 |
8.2 |
Taking part in community activities |
4 |
1.6 |
10 |
5.1 |
Believes in self |
7 |
2.3 |
8 |
4.1 |
Better time management |
1 |
0.3 |
0 |
0.0 |
Could ask victim for forgiveness |
1 |
0.3 |
0 |
0.0 |
Inform others about crime and consequences |
5 |
1.6 |
4 |
2.0 |
Became more consistent |
1 |
0.3 |
1 |
0.5 |
Learned to respect others |
2 |
0.7 |
1 |
0.5 |
Stopped using dagga |
2 |
1.0 |
||
Found employment |
3 |
1.5 |
REASONS FOR STAYING OUT OF TROUBLE |
||
Description |
Number |
% |
Unknown |
10 |
3.4 |
Crime does not pay |
47 |
16.2 |
Realised the disadvantages of re-offending |
36 |
12.4 |
Could see the error of his/her ways |
6 |
2.1 |
Realised what he or she wants out of life |
15 |
5.2 |
Good after-care |
2 |
0.7 |
Now has a vision for the future |
18 |
6.2 |
New friends |
5 |
1.7 |
Support of parents/family/friends |
17 |
5.9 |
Realised effect on family/parents |
13 |
4.5 |
Got a job |
3 |
1.0 |
Felt bad at seeing victims anger/pain |
4 |
1.4 |
Doesn't want to go to jail |
28 |
9.7 |
Advice from social worker |
3 |
1.0 |
Keeps busy with meaningful activities |
6 |
2.1 |
Didn't want to waste this opportunity |
7 |
2.4 |
New knowledge gained from programme |
26 |
9.0 |
Didn't want to repeat this experience |
11 |
3.8 |
Programme helped me to believe in myself |
3 |
1.0 |
Religion |
3 |
1.0 |
Prove to community/family that he/she has changed |
4 |
1.4 |
Has to provide for child/parents |
1 |
0.3 |
Avoid criminal record |
13 |
4.5 |
To be a role model for other young people |
2 |
0.7 |
Wants to complete schooling |
3 |
1.0 |
Doesn't want to be labelled a criminal |
2 |
0.7 |
Better interpersonal skills |
2 |
0.7 |
Table 45. Reasons for staying out of trouble. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
Did the child react positively to the programme? |
||||
1998 |
2000 |
|||
Description |
Number |
% |
Number |
% |
Yes |
135 |
88.8 |
139 |
87.4 |
No |
10 |
6.6 |
9 |
5.6 |
Unsure |
5 |
3.3 |
10 |
6.3 |
For a short period |
2 |
1.3 |
1 |
0.6 |
Total |
152 |
100.0 |
159 |
100.0 |
RECIDIVISM PROFILE AND TIME LAPSE |
|||||||||||||||
Time period in months |
|||||||||||||||
OFFENCE |
0-3 |
4-6 |
7-9 |
10-12 |
13-15 |
16-18 |
19-21 |
22-24 |
25-27 |
28-30 |
31-33 |
34-36 |
36+ |
Un- |
TOTAL |
Murder |
4 |
2 |
1 |
7 |
|||||||||||
Common assault |
1 |
1 |
2 |
1 |
5 |
||||||||||
Rape |
1 |
1 |
1 |
3 |
|||||||||||
Theft |
4 |
2 |
1 |
6 |
2 |
2 |
5 |
1 |
1 |
3 |
27 |
||||
Shoplifting |
1 |
1 |
2 |
4 |
|||||||||||
Driving under the influence |
1 |
1 |
|||||||||||||
Possession of dagga |
1 |
1 |
1 |
3 |
|||||||||||
Armed robbery |
1 |
1 |
1 |
3 |
|||||||||||
Housebreaking |
2 |
4 |
2 |
2 |
10 |
||||||||||
Unknown |
2 |
2 |
1 |
5 |
|||||||||||
Damage to property |
1 |
1 |
2 |
||||||||||||
Hijacking |
1 |
1 |
2 |
||||||||||||
Possession of firearms |
1 |
1 |
2 |
||||||||||||
Discharge of firearm |
1 |
1 |
|||||||||||||
Possession of stolen gods |
1 |
1 |
|||||||||||||
TOTAL |
16 |
10 |
4 |
9 |
4 |
5 |
4 |
12 |
0 |
2 |
2 |
2 |
1 |
5 |
76 |
REPORTING RE-OFFENDING AND RESPONDENT TYPE |
|||||||
OFFENCE |
1998 Client resp. 1st offence |
1998 Alternative resp. 1st offence |
1998 Alternative resp. 2nd offence |
2000 Client resp. 1st offence |
2000 Client resp. 2nd offence |
2000 Alternative resp. 1st offence |
2000 Alternative resp. 2nd offence |
Unknown |
2 |
2 |
|||||
Murder |
2 |
2 |
|||||
Attempted murder |
1 |
||||||
Common assault |
1 |
2 |
2 |
||||
Rape |
1 |
1 |
|||||
Robbery |
2 |
1 |
|||||
Theft |
4 |
7 |
1 |
3 |
1 |
8 |
1 |
Shoplifting |
1 |
2 |
|||||
Malicious damage to property |
2 |
||||||
Driving under the influence of alcohol |
1 |
||||||
Possession of dagga |
1 |
1 |
1 |
||||
Possession of stolen gods |
1 |
||||||
Possession of firearms |
1 |
1 |
|||||
Armed robbery |
1 |
||||||
Theft from a motor vehicle |
1 |
||||||
Theft of a motor vehicle |
1 |
||||||
Hijacking |
1 |
1 |
1 |
||||
Housebreaking |
6 |
1 |
3 |
2 |
|||
TOTAL |
13 |
19 |
2 |
14 |
1 |
21 |
4 |
OFFENCE PROFILE OF RECIDIVISM (1998) |
|||||||
Period |
Property to property |
Property to violent |
Violent to property |
Property to victimless |
Victimless to property |
Violent to violent |
Total |
1 - 6 months |
7 |
4 |
1 |
1 |
1 |
1 |
15 |
7 - 12 months |
4 |
1 |
1 |
6 |
|||
12 + months |
2 |
1 |
2 |
6 |
|||
Average |
7.16 |
6.3 |
6 |
11 |
1 |
3 |
|
Total |
15 |
5 |
2 |
3 |
1 |
1 |
27 |
REASONS PRESENTED WHY FURTHER OFFENCE WAS COMMITTED |
|
None given |
20 |
Influenced by friends/gangs |
19 |
Wanted possessions/money |
9 |
Under influence of alcohol |
5 |
Believes is innocent |
4 |
To support drug addiction |
4 |
Anger |
3 |
Unsure |
2 |
Father doesn't support family |
1 |
Mental illness |
1 |
For the fun of it |
1 |
Self-defence |
1 |
Lack of support system |
1 |
Retrenched |
1 |
Table 50. Reasons presented why further offence was committed.. Source: L M Muntingh, The Effectiveness of Diversion Programmes, A longitudinal evaluation of cases, NICRO 2000.
AVERAGE NUMBER OF CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||
YEAR |
MALES |
FEMALES |
N |
||
f |
% |
f |
% |
||
1995 |
321 |
94.13 |
20 |
5.87 |
341 |
1996 |
494 |
93.92 |
32 |
6.08 |
526 |
1997 |
1082 |
95.84 |
47 |
4.16 |
1129 |
1998 |
1297 |
96.50 |
47 |
3.50 |
1344 |
1999 |
2017 |
97.06 |
61 |
2.94 |
2078 |
2000 |
2202 |
97.30 |
61 |
2.70 |
2263 |
2001 |
1972 |
97.43 |
52 |
2.57 |
2024 |
Codes: f = frequency; N = sum of frequencies/total |
Table 51. Gender Distribution. Children awaiting trial in prison (1995 2001).. Source: DCS (2002).
Figure 18. Gender Distribution. Children awaiting trial in prison (1995 2001). Source: DCS (2002).
As indicated in Table 51, for the entire time-period under consideration, there was a consistently significant difference between the number of male and female awaiting-trial child prisoners in South African prisons, with male awaiting-trial prisoners outnumbering their female counterparts by more than 88 percentage points for any given year. Furthermore, and as also indicated in Table 51, this difference became progressively larger between 1995 and 2000, with male awaiting-trial child prisoners constituting 94.13 percent of all awaiting-trial juvenile prisoners in 1995, and 97.30 percent in 2000. While female children constituted 5.87 percent of all awaiting-trial child prisoners in 1995, they constituted only 2.70 percent of awaiting-trial child prisoners in 2000.
AVERAGE NUMBER OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
40 |
144 |
241 |
324 |
344 |
373 |
344 |
Free State |
10 |
17 |
60 |
88 |
150 |
130 |
142 |
Gauteng |
52 |
27 |
140 |
116 |
269 |
293 |
274 |
KwaZulu Natal |
133 |
120 |
278 |
288 |
514 |
694 |
616 |
Limpopo |
12 |
4 |
7 |
38 |
45 |
18 |
11 |
Mpumalanga |
3 |
6 |
20 |
31 |
40 |
55 |
46 |
N. Cape |
4 |
14 |
36 |
53 |
60 |
85 |
49 |
N. W. Province |
10 |
12 |
42 |
59 |
103 |
90 |
61 |
W. Cape |
57 |
150 |
258 |
300 |
492 |
464 |
429 |
TOTAL |
321 |
494 |
1082 |
1297 |
2017 |
2202 |
1972 |
AVERAGE PERCENTAGE OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
Average |
Overall |
E. Cape |
12.46 |
29.15 |
22.27 |
24.98 |
17.06 |
16.94 |
17.44 |
20.04 |
3 |
Free State |
3.12 |
3.44 |
5.55 |
6.78 |
7.44 |
5.90 |
7.20 |
5.63 |
5 |
Gauteng |
16.20 |
5.47 |
12.94 |
8.94 |
13.34 |
13.31 |
13.89 |
12.01 |
4 |
KwaZulu Natal |
41.43 |
24.29 |
25.69 |
22.21 |
25.48 |
31.52 |
31.24 |
28.84 |
1 |
Limpopo |
3.74 |
0.81 |
0.65 |
2.93 |
2.23 |
0.82 |
0.56 |
1.68 |
9 |
Mpumalanga |
0.93 |
1.21 |
1.85 |
2.39 |
1.98 |
2.50 |
2.33 |
1.88 |
8 |
N. Cape |
1.25 |
2.83 |
3.33 |
4.09 |
2.97 |
3.86 |
2.48 |
2.97 |
7 |
N. W. Province |
3.12 |
2.43 |
3.88 |
4.55 |
5.11 |
4.09 |
3.09 |
3.75 |
6 |
W. Cape |
17.75 |
30.36 |
23.84 |
23.13 |
24.39 |
21.07 |
21.75 |
23.18 |
2 |
Table 53. Male Children awaiting Trial in Prison: Regional distribution. Source: DCS (2002).
AGE CATEGORIES: UNSENTENCED CHILDREN IN CUSTODY: 31 JULY 2002 |
|
GENDER |
Number |
Female |
52 |
Male |
2105 |
All Genders |
2157 |
Table 54. Age Categories: Unsentenced prisoners in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
AGE PROFILE: UNSENTENCED CHILDREN IN CUSTODY: 31 JULY 2002 |
||||||
GENDER |
7-13 years |
14 years |
15 years |
16 years |
17 years |
Total |
Female |
1 |
4 |
14 |
17 |
16 |
52 |
Male |
6 |
137 |
346 |
685 |
931 |
2105 |
All Genders |
7 |
141 |
360 |
702 |
947 |
2157 |
Table 55. Unsentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
UNSENTENCED CHILDREN IN CUSTODY PER CRIME CATEGORY: 31 JULY 2002 |
||||||
Crime Categories |
7-13 years |
14 years |
15 years |
16 years |
17 years |
Total |
Economical |
4 |
92 |
192 |
301 |
361 |
950 |
Aggressive |
2 |
39 |
122 |
283 |
436 |
882 |
Sexual |
1 |
8 |
35 |
87 |
116 |
247 |
Narcotics |
2 |
6 |
10 |
10 |
28 |
|
Other |
5 |
21 |
24 |
50 |
||
All crime categories |
7 |
141 |
360 |
702 |
947 |
2157 |
Table 56. Unsentenced children in custody per crime category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
INFANTS AND YOUNG CHILDREN IN PRISON WITH THEIR MOTHERS PER AGE CATEGORY: 31 JULY 2002 |
||||
Ages |
Admitted with mother |
Born in detention during month |
Transferred to foster parents |
In detention |
< 1 year old |
68 |
58 |
96 |
|
1-2 years old |
26 |
28 |
60 |
|
>2-3 years old |
11 |
8 |
26 |
|
>3-4 years old |
5 |
5 |
5 |
|
4 years old |
6 |
5 |
5 |
|
All ages |
116 |
0 |
104 |
192 |
Table 57. Infants and young children in prison with their mothers per age category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
Please note that this presumably includes sentenced and unsentenced mothers as prisoners.
INFANTS AND YOUNG CHILDREN IN PRISON WITH THEIR MOTHERS PER PROVINCE: 31 JULY 2002 |
||||
Province |
Admitted with mother |
Born in detention during month |
Transferred to foster parents |
In detention |
Eastern Cape |
10 |
15 |
32 |
|
Free State |
7 |
12 |
17 |
|
Gauteng |
25 |
18 |
40 |
|
KwaZulu-Natal |
27 |
22 |
37 |
|
Limpopo |
14 |
10 |
28 |
|
Mpumalanga |
12 |
9 |
13 |
|
North west |
||||
Northern Cape |
7 |
7 |
7 |
|
Western Cape |
14 |
11 |
18 |
|
RSA |
116 |
0 |
104 |
192 |
Table 58. Infants and young children in prisons with their mothers per province: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
Regional distribution
AVERAGE NUMBER OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
3 |
7 |
9 |
8 |
5 |
7 |
10 |
Free State |
1 |
1 |
1 |
3 |
2 |
6 |
3 |
Gauteng |
5 |
7 |
12 |
7 |
12 |
13 |
12 |
KwaZulu Natal |
6 |
6 |
5 |
7 |
12 |
11 |
10 |
Limpopo |
1 |
2 |
5 |
4 |
4 |
2 |
|
Mpumalanga |
1 |
2 |
4 |
5 |
3 |
1 |
|
N. Cape |
1 |
1 |
2 |
3 |
2 |
3 |
|
N. W. Province |
1 |
2 |
2 |
1 |
3 |
3 |
2 |
W. Cape |
3 |
5 |
10 |
11 |
15 |
14 |
11 |
TOTAL |
20 |
32 |
47 |
47 |
61 |
61 |
52 |
AVERAGE PERCENTAGE OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
Average |
Overall |
E. Cape |
15 |
21.88 |
19.15 |
17.02 |
8.20 |
11.48 |
19.23 |
15.99 |
4 |
Free State |
5 |
3.13 |
2.13 |
6.38 |
3.28 |
9.84 |
5.77 |
5.08 |
6 |
Gauteng |
25 |
21.88 |
25.53 |
14.89 |
19.67 |
21.31 |
23.08 |
21.62 |
1 |
KwaZulu Natal |
30 |
18.75 |
10.64 |
14.89 |
19.67 |
18.03 |
19.23 |
18.74 |
3 |
Limpopo |
5 |
6.25 |
10.64 |
8.51 |
6.56 |
3.28 |
5.75 |
5 |
|
Mpumalanga |
3.13 |
4.26 |
8.51 |
8.20 |
4.92 |
1.92 |
4.42 |
8 |
|
N. Cape |
3.13 |
2.13 |
4.26 |
4.92 |
3.28 |
5.77 |
3.36 |
9 |
|
N. W. Province |
5 |
6.25 |
4.26 |
2.13 |
4.92 |
4.92 |
3.85 |
4.48 |
7 |
W. Cape |
15 |
15.63 |
21.28 |
23.40 |
24.59 |
22.95 |
21.15 |
20.57 |
2 |
Table 60. Female Children Awaiting Trial In Prison (1995 2001): Regional Distribution. Source: DCS (2002).
Age distribution
AVERAGE NUMBER OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
||||||
YEAR |
AGES |
N |
||||
7-13 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
||
1995 |
18 |
30 |
55 |
94 |
124 |
321 |
1996 |
10 |
48 |
84 |
157 |
195 |
494 |
1997 |
9 |
81 |
176 |
350 |
466 |
1082 |
1998 |
11 |
85 |
204 |
433 |
564 |
1297 |
1999 |
13 |
119 |
305 |
685 |
895 |
2017 |
2000 |
12 |
124 |
340 |
714 |
1012 |
2202 |
2001 |
9 |
122 |
330 |
672 |
839 |
1972 |
Table 61. Male Children Awaiting Trial In Prison (19952001). Age Distribution Source: DCS (2002).
AVERAGE PERCENTAGE OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||
YEAR |
AGES |
||||
7-13 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
|
1995 |
5.61 |
9.35 |
17.13 |
29.29 |
38.63 |
1996 |
2.02 |
9.72 |
17.00 |
31.78 |
39.47 |
1997 |
0.83 |
7.49 |
16.27 |
32.35 |
43.07 |
1998 |
0.85 |
6.55 |
15.73 |
33.38 |
43.48 |
1999 |
0.64 |
5.9 |
15.12 |
33.96 |
44.37 |
2000 |
0.54 |
5.63 |
15.44 |
32.43 |
45.96 |
2001 |
0.46 |
6.19 |
16.73 |
34.08 |
42.55 |
AVERAGE NUMBER OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
||||||
YEAR |
AGES |
N |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
||
1995 |
3 |
2 |
3 |
4 |
8 |
20 |
1996 |
1 |
7 |
4 |
10 |
10 |
32 |
1997 |
1 |
5 |
13 |
13 |
15 |
47 |
1998 |
1 |
4 |
10 |
18 |
14 |
47 |
1999 |
2 |
6 |
13 |
21 |
19 |
61 |
2000 |
3 |
6 |
12 |
21 |
19 |
61 |
2001 |
0 |
3 |
9 |
20 |
20 |
52 |
AVERAGE PERCENTAGE OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||
YEAR |
AGES |
||||
7 13 yrs (%) |
14 yrs (%) |
15 yrs (%) |
16 yrs (%) |
17 yrs (%) |
|
1995 |
15.00 |
10.00 |
15.00 |
20.00 |
40.00 |
1996 |
3.13 |
21.88 |
12.5 |
31.25 |
31.25 |
1997 |
2.13 |
10.64 |
27.66 |
27.66 |
31.91 |
1998 |
2.13 |
8.51 |
21.28 |
38.3 |
29.79 |
1999 |
3.28 |
9.84 |
21.31 |
34.43 |
31.15 |
2000 |
4.92 |
9.84 |
19.67 |
34.43 |
31.15 |
2001 |
0.00 |
5.77 |
17.31 |
38.46 |
38.46 |
AVERAGE NUMBER OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
||||||
YEAR |
CRIME CATEGORY |
N |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
||
1995 |
116 |
208 |
16 |
40 |
39 |
419 |
1996 |
175 |
282 |
17 |
63 |
38 |
575 |
1997 |
369 |
564 |
23 |
139 |
42 |
1137 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
773 |
883 |
28 |
308 |
72 |
2064 |
2000 |
880 |
908 |
30 |
350 |
82 |
2250 |
2001 |
807 |
853 |
29 |
276 |
50 |
2015 |
Code: N/A = Data not available |
AVERAGE PERCENTAGE OF MALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
27.68 |
49.64 |
3.82 |
9.55 |
9.31 |
1996 |
30.43 |
49.04 |
2.96 |
10.96 |
6.61 |
1997 |
32.45 |
49.60 |
2.02 |
12.23 |
3.69 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
37.45 |
42.78 |
1.36 |
14.92 |
3.49 |
2000 |
39.11 |
40.36 |
1.33 |
15.56 |
3.64 |
2001 |
40.05 |
42.33 |
1.44 |
13.70 |
2.48 |
Code: N/A = Data not available |
AVERAGE NUMBER OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
||||||
YEAR |
CRIME CATEGORY |
N |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
||
1995 |
10 |
12 |
5 |
1 |
4 |
32 |
1996 |
17 |
26 |
3 |
8 |
54 |
|
1997 |
19 |
28 |
4 |
1 |
9 |
61 |
1998 |
22 |
24 |
5 |
2 |
7 |
60 |
1999 |
15 |
25 |
3 |
8 |
51 |
|
2000 |
25 |
27 |
3 |
1 |
8 |
64 |
2001 |
24 |
22 |
3 |
6 |
55 |
AVERAGE PERCENTAGE OF FEMALE CHILDREN AWAITING TRIAL IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
31.25 |
37.50 |
15.63 |
3.13 |
12.5 |
1996 |
31.48 |
48.15 |
5.56 |
14.81 |
|
1997 |
31.15 |
45.90 |
6.56 |
1.64 |
14.75 |
1998 |
36.67 |
40.00 |
8.33 |
3.33 |
11.67 |
1999 |
29.41 |
49.02 |
5.88 |
0.00 |
15.69 |
2000 |
39.06 |
42.19 |
4.69 |
1.56 |
12.5 |
2001 |
24 |
22 |
3 |
6 |
AVERAGE NUMBER OF MALE & FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
SENTENCED |
AWAITING TRIAL |
N |
||
f |
% |
f |
% |
||
1995 |
693 |
67.02 |
341 |
32.98 |
1034 |
1996 |
854 |
61.88 |
526 |
38.12 |
1380 |
1997 |
1217 |
51.88 |
1129 |
48.12 |
2346 |
1998 |
1275 |
48.68 |
1344 |
51.31 |
2619 |
1999 |
1557 |
42.83 |
2078 |
57.17 |
3635 |
2000 |
1705 |
42.97 |
2263 |
57.03 |
3968 |
2001 |
1712 |
45.82 |
2024 |
54.18 |
3736 |
Table 69. Male & Female Children In Prison (19952001). Sentenced/Awaiting Trial. Source: DSD (2002).
Figure 19. Prison Population (19952001): Children/Adult Divide. Source: DSD (2002).
Very disturbingly too, as indicated in Table 70, the proportion of child prisoners in relation to adult prisoners also increased quite significantly between 1995 and 2000. More specifically, while children constituted 0.93 percent of the total prison population of 111 090 in 1995, they constituted as much as 2.19 percent of the total prison population of 167 567 in 2000.
AVERAGE PRISON POPULATION PER YEAR (19952001): |
|||||
YEAR |
CHILDREN |
ADULTS |
N |
||
f |
% |
f |
% |
||
1995 |
1034 |
0.93 |
110056 |
99.07 |
111090 |
1996 |
1380 |
1.15 |
119014 |
98.85 |
120394 |
1997 |
2346 |
1.72 |
133720 |
98.28 |
136066 |
1998 |
2619 |
1.84 |
139806 |
98.16 |
142425 |
1999 |
3635 |
2.33 |
152396 |
97.67 |
156031 |
2000 |
3968 |
2.37 |
163599 |
97.63 |
167567 |
2001 |
3736 |
2.19 |
167192 |
97.81 |
170928 |
Table 70. Prison Population (19952001): Children/Adult Divide. Source: DSD (2002).
Given the much-reported hazards accompanying the incarceration of children in prison, the statistics reflected in this section of the report are certainly a cause for concern (Sloth-Nielsen & Muntingh, 1999).
5.2 Children awaiting trial in other facilities
CHILDREN AWAITING TRIAL IN PLACES OF SAFETY IN OCTOBER 1998 & OCTOBER 1999: |
||
REGION |
Oct. 19981 |
Oct. 19991 |
E. Cape |
44 |
71 |
Free State |
-- |
-- |
Gauteng |
642 |
391 |
KwaZulu Natal |
70 |
155 |
Limpopo |
-- |
-- |
Mpumalanga |
-- |
-- |
N. Cape |
-- |
-- |
N. W. Province |
-- |
-- |
W. Cape |
282 |
308 |
N |
1038 |
925 |
CHILDREN AWAITING TRIAL IN POLICE CELLS: SEPTEMBER 2000 |
|
REGION |
f |
Eastern Cape |
76 |
Free State |
28 |
Gauteng |
|
KwaZulu Natal |
130 |
Limpopo |
202 |
Mpumalanga |
66 |
North West Province |
228 |
Northern Cape |
16 |
Western Cape |
|
N |
746 |
Table 72. Children Awaiting Trial In Police Cells: October 2000. Regional Distribution: A Snapshot. Sources: Sloth-Nielsen & Muntingh (2001); Department of Social Development (2002).
Figure 20. Children Awaiting Trial In Police Cells: October 2000. Regional Distribution: A Snapshot. Sources: Sloth-Nielsen & Muntingh (2001); Department of Social Development (2002).
CHILDREN AWAITING TRIAL: NATIONALLY |
|||
LOCALITY |
DATE |
f |
% |
Children in police cells |
10/2000 |
746 |
18.01 |
Children in prisons |
10/2000 |
1862 |
44.95 |
Children in DSD facilities |
12/2000 |
1534 |
37.04 |
N |
4142 |
100 |
CHILDREN AWAITING TRIAL: NATIONALLY |
|||
LOCALITY |
DATE |
f |
% |
Children in police cells |
01/09/2001 |
664 |
16.02 |
Children in prisons |
01/09/2001 |
2087 |
50.35 |
Children in DSD facilities |
30/09/2001 |
1394 |
33.63 |
N |
4145 |
100 |
Table 74. Children Awaiting Trial. Places Of Detention. A Snapshot Comparison. Source: DSD (2002).
CHILDREN AWAITING TRIAL: NIGEL |
||||||||
PLACEMENT |
1998 |
1999 |
2000 |
2001 |
||||
f |
% |
f |
% |
f |
% |
f |
% |
|
Places of safety |
26 |
43.33 |
17 |
27.42 |
30 |
36.14 |
2 |
2.11 |
Prisons |
6 |
10.00 |
8 |
12.90 |
10 |
12.05 |
47 |
49.47 |
Care of guardian/s |
28 |
46.67 |
37 |
59.68 |
43 |
51.81 |
46 |
48.42 |
N |
60 |
62 |
83 |
95 |
Table 75. Children Awaiting Trial: Heidelberg Places Of Detention. Source: DSD (2002).
CHILDREN AWAITING TRIAL: HEIDELBERG |
||||||||
PLACEMENT |
1998 |
1999 |
2000 |
2001 |
||||
f |
% |
f |
% |
f |
% |
f |
% |
|
Places of safety |
10 |
52.63 |
10 |
52.63 |
24 |
32.88 |
37 |
35.92 |
Prisons |
1 |
5.26 |
8 |
10.96 |
13 |
12.62 |
||
Care of guardian/s |
8 |
42.11 |
9 |
47.37 |
41 |
56.16 |
53 |
51.46 |
N |
19 |
19 |
73 |
103 |
Table 76. Children Awaiting Trial: Heidelberg Places Of Detention. Source: DSD (2002).
6 PROSECUTIONS, SENTENCING AND CONVICTIONS
AVERAGE CONVICTION RATE (ALL OFFENCES) |
|||
AGE |
MALE |
FEMALE |
TOTAL |
7-17yrs |
318 |
37 |
355 |
18-20yrs |
2283 |
277 |
2560 |
>20yrs |
1481 |
205 |
1689 |
N |
4082 |
519 |
4601 |
Table 77. Average Conviction Rate (All Offences) Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999).
Consistent with the patterns emerging from the statistics in the rest of the report, the conviction rates for male children were significantly higher for all crime categories than those for female children. However, in contradistinction to the pattern emerging from the statistics reflected in the preceding and next sections, the conviction rate for male juveniles in 1995/6 appears to have been higher for crimes involving violence than for economic crimes (See Tables 78, 79 and 80).
AVERAGE CONVICTION RATE FOR MURDER |
||
AGE CATEGORIES |
MALE |
FEMALE |
7-17yrs |
4.9 |
0.25 |
18-20yrs |
41.9 |
2.7 |
>20yrs |
26.9 |
2.1 |
AVERAGE CONVICTION RATE FOR ROBBERY |
||
AGE CATEGORIES |
MALE |
FEMALE |
7-17yrs |
16.1 |
0.2 |
18-20yrs |
109.3 |
1.1 |
>20yrs |
30.4 |
0.7 |
AVERAGE CONVICTION RATE FOR ASSAULT |
||
AGE CATEGORIES |
MALE |
FEMALE |
7-17yrs |
38.7 |
5.5 |
18-20yrs |
432.3 |
61.1 |
>20yrs |
329 |
48.8 |
Table 80. Conviction Rate For Assault Per 100 000 Of The Population: 1995/6. Source: Schönteich (1999).
6.2 Children admitted to serve prison sentence
PROVINCIAL DISTRIBUTION OF ADMISSIONS |
|||||||
PROVINCE |
1999 |
% |
2000 |
% |
2001 |
% |
TOTAL |
W-Cape |
833 |
17.8 |
835 |
15.9 |
913 |
17.3 |
2581 |
E-Cape |
740 |
15.8 |
1038 |
19.7 |
998 |
18.9 |
2776 |
KZ-Natal |
674 |
14.4 |
714 |
13.6 |
717 |
13.6 |
2105 |
Free State |
462 |
9.9 |
602 |
11.4 |
659 |
12.5 |
1723 |
N-Cape |
251 |
5.4 |
309 |
5.9 |
209 |
4.0 |
769 |
Gauteng |
683 |
14.6 |
763 |
14.5 |
760 |
14.4 |
2206 |
Mpumalanga |
296 |
6.3 |
289 |
5.5 |
244 |
4.6 |
829 |
N-West |
461 |
9.8 |
434 |
8.2 |
442 |
8.4 |
1337 |
Limpopo |
290 |
6.2 |
278 |
5.3 |
332 |
6.3 |
900 |
Total |
4690 |
5262 |
5274 |
15226 |
Table 81. Provincial distributions of admissions. Source: L M Muntingh Nicro National Office August 2002.
On an annual basis the proportional contributions of each of the nine province to the total number of admission appear to vary between 1% to 4%. Over the three year period the total highest number of admissions was in the Eastern Cape, followed by the Western Cape and then Gauteng and KwaZulu-Natal. These four provinces account for 63.5% of all admissions between 1999-2001.
Figure 23. Provincial distribution of all admissions. Source: : L M Muntingh Nicro National Office August 2002.
SENTENCE PROFILE OF ADMISSIONS |
||||
Sentence |
1999 |
2000 |
2001 |
Total |
0-6 months |
1587 |
1784 |
1697 |
5068 |
>6-12 months |
755 |
778 |
733 |
2266 |
>12->24 months |
400 |
484 |
468 |
1352 |
2-3 years |
909 |
974 |
967 |
2850 |
>3-5 years |
466 |
495 |
614 |
1575 |
>5-7 years |
183 |
209 |
219 |
611 |
>7-10 years |
183 |
226 |
198 |
607 |
>10-15 years |
96 |
118 |
152 |
366 |
>15-20 years |
35 |
42 |
42 |
119 |
>20 years |
17 |
33 |
34 |
84 |
Other sentences |
59 |
119 |
296 |
474 |
Total |
4690 |
5262 |
5420 |
15372 |
Table 82. Sentence profile of admissions. Source: L M Muntingh Nicro National Office August 2002.
|
||||
Sentence |
1999 |
2000 |
2001 |
% Increase/Decrease |
0-6 months |
33.8 |
33.9 |
31.3 |
-2.5 |
>6-12 months |
16.1 |
14.8 |
13.5 |
-2.6 |
>12->24 months |
8.5 |
9.2 |
8.6 |
0.1 |
2-3 years |
19.4 |
18.5 |
17.8 |
-1.5 |
>3-5 years |
9.9 |
9.4 |
11.3 |
1.4 |
>5-7 years |
3.9 |
4.0 |
4.0 |
0.1 |
>7-10 years |
3.9 |
4.3 |
3.7 |
-0.2 |
>10-15 years |
2.0 |
2.2 |
2.8 |
0.8 |
>15-20 years |
0.7 |
0.8 |
0.8 |
0.0 |
>20 years |
0.4 |
0.6 |
0.6 |
0.3 |
Other sentences |
1.3 |
2.3 |
5.5 |
4.2 |
Total |
100.0 |
100.0 |
100.0 |
Table 83. Sentence profile of admissions in percentages. Source: L M Muntingh Nicro National Office August 2002.
PERCENTAGES OF TOTAL ADMISSIONS SENTENCED TO 6 MONTHS OR LESS PER PROVINCE |
|||
PROVINCE |
1999 |
2000 |
2001 |
Western Cape |
28.2 |
29.2 |
31.8 |
Eastern Cape |
47.3 |
45.4 |
37.5 |
KwaZulu-Natal |
31.0 |
32.2 |
31.7 |
Free State |
25.9 |
27.9 |
24.1 |
Northern Cape |
40.2 |
36.6 |
30.6 |
Gauteng |
19.9 |
19.9 |
25.3 |
Mpumalanga |
39.5 |
36.7 |
35.7 |
North West |
27.9 |
25.8 |
16.5 |
Limpopo |
65.5 |
67.6 |
69.6 |
Table 84. Percentage of total admissions sentenced to 6 months or less per province. Source: L M Muntingh Nicro National Office August 2002.
PERCENTAGES OF TOTAL ADMISSIONS SENTENCED TO 12 MONTHS OR LESS PER PROVINCE |
|||
PROVINCE |
1999 |
2000 |
2001 |
Western Cape |
46.5 |
46.6 |
47.0 |
Eastern Cape |
62.1 |
60.9 |
54.4 |
KwaZulu Natal |
43.7 |
45.4 |
41.4 |
Free State |
38.7 |
43.4 |
42.5 |
Northern Cape |
62.9 |
52.8 |
50.7 |
Gauteng |
38.6 |
30.1 |
36.8 |
Mpumalanga |
56.1 |
60.2 |
45.4 |
North West |
44.6 |
38.7 |
30.1 |
Limpopo |
77.9 |
79.1 |
74.1 |
Table 85. Percentage of total admissions sentenced to 12 months or less per province. Source: L M Muntingh Nicro National Office August 2002.
Figure 24. Number of children for sentences of 12 months or less, 2001. Source : L M Muntingh Nicro National Office August 2002.
The growth in the number of children in prison is most disturbing. In the 7 years since January 1995 (date from which statistical information is available), the number of unsentenced children have increased by 209% and sentenced children by 178%.
Another problem with children and juvenile prisoners is that many of them (36 at Pollsmoor), have been sentenced by court to attend reformatory school, however, they remain in prison for long periods because of the limited accommodation that these reformatory schools offer.
6.3 Sentenced children in prison
AGE CATEGORIES: SENTENCED CHILDREN IN CUSTODY: 31 JULY 2002 |
|
GENDER |
Number |
Female |
42 |
Male |
1762 |
All Genders |
1804 |
Table 86. Age Categories: sentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
AGE PROFILE: SENTENCED CHILDREN IN CUSTODY: 31 JULY 2002 |
||||||
GENDER |
7-13 years |
14 years |
15 years |
16 years |
17 years |
Total |
Female |
1 |
15 |
26 |
42 |
||
Male |
9 |
34 |
175 |
506 |
1038 |
1762 |
All Genders |
9 |
34 |
176 |
521 |
1064 |
1804 |
Table 87. Sentenced children in custody: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
SENTENCED CHILDREN IN CUSTODY PER CRIME CATEGORY: 31 JULY 2002 |
||||||
Crime Categories |
7-13 years |
14 years |
15 years |
16 years |
17 years |
Total |
Economical |
3 |
17 |
82 |
259 |
435 |
796 |
Aggressive |
3 |
6 |
55 |
189 |
436 |
689 |
Sexual |
1 |
8 |
33 |
54 |
157 |
253 |
Narcotics |
1 |
1 |
7 |
9 |
||
Other |
2 |
3 |
5 |
18 |
29 |
57 |
All crime categories |
9 |
34 |
176 |
521 |
1064 |
1804 |
Table 88. Sentenced children (younger than 18 years) in custody per crime category: 31 July 2002. Source: Judicial Inspectorate of Prisons, 20 September 2002.
SENTENCE PROFILE OF CHILDREN (1999 & 2000) |
||
SENTENCE |
1999 |
2000 |
0 - 6 months |
13.00 |
11.08 |
>6 12 months |
16.90 |
12.50 |
>12 24 months |
11.20 |
11.08 |
>2 - 3 years |
26.80 |
25.80 |
>3 - 5 years |
14.70 |
16.44 |
>5 - 7 years |
6.80 |
7.75 |
>7 10 years |
6.40 |
8.00 |
>10 15 years |
2.60 |
3.69 |
>15 20 years |
1.20 |
0.98 |
>20 years+ |
0.4 |
1.12 |
N |
1375 |
1624 |
CHILDREN HELD IN CORRECTIONAL CENTRES AND PRISONS THROUGHOUT THE COUNTRY AS ON 20/9/2002 |
||||
PROVINCE |
CENTRE |
NUMBER OF CHILDREN |
CAPACITY |
% Overcrowding |
Western Cape |
Brandvlei |
369 |
348 |
6.0 |
Hawequa |
383 |
225 |
70.0 |
|
Drakenstein Med B |
685 |
474 |
NA |
|
Pollsmoor Med A |
2029 |
1111 |
82.0 |
|
Gauteng |
Leeuwkop Med B |
729 |
723 |
0.8 |
Baviaanspoort |
555 |
640 |
NA |
|
Emthonjeni |
||||
Boksburg Med B |
417 |
274 |
65.0 |
|
North West |
Rustenburg |
153 |
182 |
NA |
KwaZulu-Natal |
Durban |
1124 |
629 |
78.0 |
Ekuseni |
636 |
600 |
6.0 |
|
Free State |
Groenpunt |
206 |
255 |
NA |
Kroonstad |
86 |
67 |
28.0 |
|
Mpumalanga |
Baberton |
374 |
517 |
NA |
TOTAL |
7746 |
6045 |
Table 90. Children and juveniles held in correctional centres and prisons throughout the country. Source: Judicial Inspectorate of Prisons, 20 September 2002.
SENTENCE PROFILE OF 7 16 YR. OLD CHILDREN SERVING PRISON SENTENCES: 1999 AVERAGES |
|||||||||
SENTENCE |
E. Cape |
Free State |
Gauteng |
KwaZulu |
Limpopo |
Mpuma |
N. Cape |
N. West |
W. Cape |
0 - 6 months |
146 |
53 |
64 |
97 |
85 |
55 |
31 |
43 |
87 |
>6 12 months |
44 |
25 |
63 |
44 |
16 |
23 |
21 |
34 |
57 |
>12 24 months |
23 |
33 |
22 |
18 |
7 |
11 |
13 |
9 |
34 |
>2 3 years |
52 |
55 |
60 |
63 |
15 |
24 |
18 |
52 |
65 |
>3 5 years |
11 |
28 |
49 |
47 |
5 |
4 |
4 |
33 |
32 |
>5 7 years |
9 |
7 |
13 |
13 |
0 |
7 |
1 |
15 |
3 |
>7 10 years |
5 |
6 |
17 |
14 |
3 |
4 |
2 |
9 |
10 |
>10 15 years |
3 |
2 |
8 |
9 |
7 |
13 |
|||
>15 20 years |
2 |
2 |
3 |
1 |
|||||
>20 years+ |
1 |
1 |
3 |
3 |
|||||
Other |
6 |
4 |
5 |
1 |
28 |
||||
N |
Table 91. Sentence Profile Of 7 16 Yr. Old Children: 1999 Averages. Source: DCS (2002).
SENTENCE PROFILE OF 17 YR. OLD SERVING PRISON SENTENCES: |
|||||||||
SENTENCE |
E. Cape |
Free State |
Gauteng |
KwaZulu |
Limpopo |
Mpuma |
N. Cape |
N. West |
W. Cape |
0 - 6 months |
204 |
67 |
72 |
112 |
105 |
62 |
70 |
86 |
148 |
>6 12 months |
66 |
34 |
65 |
42 |
20 |
26 |
36 |
43 |
96 |
>12 24 months |
37 |
20 |
26 |
17 |
8 |
13 |
17 |
13 |
79 |
>2 3 years |
60 |
65 |
91 |
91 |
18 |
30 |
20 |
41 |
89 |
>3 5 years |
21 |
34 |
41 |
34 |
5 |
11 |
10 |
40 |
57 |
>5 7 years |
11 |
10 |
16 |
30 |
0 |
13 |
4 |
13 |
18 |
>7 10 years |
19 |
8 |
39 |
16 |
1 |
8 |
3 |
14 |
5 |
>10 15 years |
5 |
10 |
15 |
12 |
2 |
2 |
1 |
4 |
3 |
>15 20 years |
6 |
7 |
7 |
2 |
1 |
4 |
|||
>20 years+ |
1 |
1 |
6 |
1 |
|||||
Other |
8 |
1 |
1 |
5 |
|||||
N |
Table 92. Sentence Profile Of 17 Yr. Old Children: 1999 Averages. Source: DCS (2002).
SENTENCE PROFILE OF ALL CHILDREN SERVING PRISON SENTENCES: |
|||||||||
SENTENCE |
E. Cape |
Free State |
Gauteng |
KwaZulu |
Limpopo |
Mpuma |
N. Cape |
N. West |
W. Cape |
0 - 6 months |
350 |
120 |
136 |
209 |
190 |
117 |
101 |
129 |
235 |
>6 12 months |
110 |
59 |
128 |
86 |
36 |
49 |
57 |
77 |
153 |
>12 24 months |
60 |
53 |
48 |
35 |
15 |
24 |
30 |
22 |
113 |
>2 - 3 years |
112 |
120 |
151 |
154 |
33 |
54 |
38 |
93 |
154 |
>3 - 5 years |
32 |
62 |
90 |
81 |
10 |
15 |
14 |
73 |
89 |
>5 - 7 years |
20 |
17 |
29 |
43 |
20 |
5 |
28 |
21 |
|
>7 10 years |
24 |
14 |
56 |
30 |
4 |
12 |
5 |
23 |
15 |
>10 15 years |
8 |
12 |
23 |
21 |
2 |
2 |
1 |
11 |
16 |
>15 20 years |
8 |
9 |
10 |
2 |
2 |
4 |
|||
>20 years+ |
2 |
1 |
7 |
4 |
3 |
||||
Other |
14 |
4 |
6 |
1 |
1 |
33 |
|||
N |
Table 93. Sentence Profile Of Children: 1999 Averages. Source: DCS (2002).
In terms of sentencing patterns, as indicated in Table 89, the majority of children convicted for criminal offences received sentences of less than five years, with 39.5 percent and 42.24 percent of all convicted children receiving sentences of between two and five years in 1999 and 2000, respectively. Disturbingly, between 13.2 and 15.75 percent of children convicted for criminal offences received sentences of between five and ten years in 1999 and 2000, respectively.
As indicated by the average statistics reflected in Tables 91 to 93 the above-mentioned trends pertained to all provinces.
The problems associated with the incarceration of children in prisons has been the focus of considerable scrutiny and debate for some time now (Sloth-Nielsen & Muntingh, 1999). Despite this, the numbers of sentenced children detained in prison have been increasing with relentless regularity since 1995.
Provincial distribution
AVERAGE NUMBER OF SENTENCED MALE CHILDREN IN PRISON |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
51 |
79 |
146 |
186 |
203 |
283 |
298 |
Free State |
54 |
66 |
102 |
112 |
162 |
170 |
157 |
Gauteng |
224 |
237 |
278 |
242 |
298 |
274 |
298 |
KwaZulu Natal |
156 |
148 |
185 |
198 |
240 |
261 |
266 |
Limpopo |
20 |
48 |
76 |
61 |
55 |
60 |
69 |
Mpumalanga |
32 |
51 |
71 |
77 |
86 |
83 |
76 |
N. Cape |
13 |
22 |
57 |
68 |
93 |
118 |
105 |
N. W. Province |
34 |
45 |
88 |
114 |
136 |
128 |
129 |
W. Cape |
89 |
126 |
177 |
179 |
250 |
287 |
276 |
N |
673 |
822 |
1180 |
1237 |
1523 |
1664 |
1674 |
SENTENCED MALE CHILDREN IN PRISON (19952001) |
|||||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
Average |
Overall |
E. Cape |
7.58 |
9.61 |
12.37 |
15.04 |
13.33 |
17.01 |
17.80 |
13.25 |
4 |
Free State |
8.02 |
8.03 |
8.64 |
9.05 |
10.64 |
10.22 |
9.38 |
9.14 |
5 |
Gauteng |
33.28 |
28.83 |
23.56 |
19.56 |
19.57 |
16.47 |
17.80 |
22.72 |
1 |
KwaZulu Natal |
23.18 |
18.00 |
15.68 |
16.01 |
15.76 |
15.69 |
15.89 |
17.17 |
2 |
Limpopo |
2.97 |
5.84 |
6.44 |
4.93 |
3.61 |
3.61 |
4.12 |
4.50 |
9 |
Mpumalanga |
4.76 |
6.20 |
6.02 |
6.22 |
5.65 |
4.99 |
4.54 |
5.48 |
7 |
N. Cape |
1.93 |
2.68 |
4.83 |
5.50 |
6.11 |
7.09 |
6.27 |
4.92 |
8 |
N. W. Province |
5.05 |
5.47 |
7.46 |
9.22 |
8.93 |
7.69 |
7.71 |
7.36 |
6 |
W. Cape |
13.22 |
15.33 |
15.00 |
14.47 |
16.41 |
17.25 |
16.49 |
15.45 |
3 |
AVERAGE NUMBER OF SENTENCED FEMALE CHILDREN IN PRISON (19952001) |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
3 |
4 |
7 |
5 |
4 |
7 |
4 |
Free State |
2 |
1 |
2 |
5 |
2 |
9 |
4 |
Gauteng |
3 |
4 |
6 |
4 |
5 |
4 |
4 |
KwaZulu Natal |
3 |
6 |
6 |
7 |
5 |
5 |
5 |
Limpopo |
4 |
6 |
7 |
4 |
6 |
4 |
5 |
Mpumalanga |
2 |
2 |
2 |
3 |
2 |
2 |
3 |
N. Cape |
1 |
2 |
2 |
2 |
1 |
3 |
5 |
N. W. Province |
1 |
3 |
2 |
3 |
3 |
3 |
1 |
W. Cape |
1 |
4 |
3 |
5 |
6 |
4 |
7 |
N |
20 |
32 |
37 |
38 |
34 |
41 |
38 |
SENTENCED FEMALE CHILDREN IN PRISON (19952001): |
|||||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
Average |
Overall |
E. Cape |
15 |
12.5 |
18.92 |
13.16 |
11.76 |
17.07 |
10.53 |
14.13 |
3 |
Free State |
10 |
3.13 |
5.41 |
13.16 |
5.88 |
21.95 |
10.53 |
10.01 |
6 |
Gauteng |
15 |
12.5 |
16.22 |
10.53 |
14.71 |
9.76 |
10.53 |
12.75 |
4 |
KwaZulu Natal |
15 |
18.75 |
16.22 |
18.42 |
14.71 |
12.20 |
13.16 |
15.49 |
2 |
Limpopo |
20 |
18.75 |
18.92 |
10.53 |
17.65 |
9.76 |
13.16 |
15.54 |
1 |
Mpumalanga |
10 |
6.25 |
5.41 |
7.89 |
5.88 |
4.88 |
7.89 |
6.89 |
7 |
N. Cape |
5 |
6.25 |
5.41 |
5.26 |
2.94 |
7.32 |
13.16 |
6.48 |
9 |
N. W. Province |
5 |
9.38 |
5.41 |
7.89 |
8.82 |
7.32 |
2.63 |
6.64 |
8 |
W. Cape |
5 |
12.5 |
8.11 |
13.16 |
17.65 |
9.76 |
18.42 |
12.09 |
5 |
SENTENCED MALE CHILDREN IN PRISON (19952001): |
|||||
YEAR |
AGES |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
|
1995 |
0.89 |
2.08 |
4.9 |
20.65 |
71.47 |
1996 |
1.09 |
1.95 |
6.45 |
22.99 |
67.52 |
1997 |
1.1 |
1.95 |
6.78 |
23.98 |
66.19 |
1998 |
1.21 |
1.7 |
8.25 |
25.95 |
62.89 |
1999 |
0.79 |
1.58 |
7.75 |
30.01 |
59.89 |
2000 |
0.48 |
2.34 |
8.23 |
27.1 |
61.84 |
2001 |
0.42 |
2.39 |
8.96 |
27.3 |
60.93 |
Table 98. Sentenced Male Children In Prison (19952001): Age Distribution (percentages). Source: DCS (2002).
Age distribution
AVERAGE NUMBER OF SENTENCED MALE CHILDREN IN PRISON (19952001): |
||||||
YEAR |
AGES |
N |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
||
1995 |
6 |
14 |
33 |
139 |
481 |
673 |
1996 |
9 |
16 |
53 |
189 |
555 |
822 |
1997 |
13 |
23 |
80 |
283 |
781 |
1180 |
1998 |
15 |
21 |
102 |
321 |
778 |
1237 |
1999 |
12 |
24 |
118 |
457 |
912 |
1523 |
2000 |
8 |
39 |
137 |
451 |
1029 |
1664 |
2001 |
7 |
40 |
150 |
457 |
1020 |
1674 |
Table 99 Sentenced Male Children In Prison (19952001): Age Distribution. Source: DCS (2002).
AVERAGE NUMBER OF SENTENCED FEMALE CHILDREN IN PRISON (19952001): |
||||||
YEAR |
AGES |
N |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
||
1995 |
1 |
6 |
13 |
20 |
||
1996 |
1 |
5 |
11 |
15 |
32 |
|
1997 |
1 |
3 |
7 |
8 |
18 |
37 |
1998 |
3 |
1 |
8 |
9 |
17 |
38 |
1999 |
2 |
1 |
6 |
9 |
16 |
34 |
2000 |
1 |
1 |
8 |
11 |
20 |
41 |
2001 |
6 |
10 |
22 |
38 |
Table 100. Sentenced Female Children In Prison (19952001): Age Distribution. Source: DCS (2002).
SENTENCED FEMALE CHILDREN IN PRISON (19952001): |
|||||
YEAR |
AGES |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
|
1995 |
5 |
30 |
65 |
||
1996 |
3.13 |
15.63 |
34.38 |
46.88 |
|
1997 |
2.7 |
8.11 |
18.92 |
21.62 |
48.65 |
1998 |
7.89 |
2.63 |
21.05 |
23.68 |
44.74 |
1999 |
5.88 |
2.94 |
17.65 |
26.47 |
47.06 |
2000 |
2.44 |
2.44 |
19.51 |
26.83 |
48.78 |
2001 |
15.79 |
26.32 |
57.89 |
Table 101. Sentenced Female Children In Prison (19952001): Age Distribution (percentages). Source: DCS (2002).
As reflected in Tables 100 and 101, at least one of the trends discerned in the statistics related to male child prisoners, is mimicked in the statistics related to female child prisoners. Specifically, among the sentenced female child prisoners too, the largest proportion of prisoners fell in the 16- and 17-year-old age categories between 1995 and 2000. While there are undoubtedly other interesting features emerging from the data contained in Tables 100 and 101 as previously noted, in view of the relatively small population size of sentenced female child prisoners, further definitive statements concerning these features would not be appropriate.
Types of crime
AVERAGE NUMBER OF SENTENCED MALE CHILDREN IN PRISON (19952001): |
||||||
YEAR |
CRIME CATEGORY |
N |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
||
1995 |
246 |
335 |
19 |
95 |
28 |
723 |
1996 |
296 |
335 |
17 |
124 |
39 |
811 |
1997 |
385 |
561 |
28 |
201 |
53 |
1228 |
1998 |
393 |
572 |
26 |
249 |
48 |
1288 |
1999 |
475 |
883 |
25 |
246 |
56 |
1685 |
2000 |
580 |
812 |
21 |
225 |
61 |
1699 |
2001 |
632 |
748 |
23 |
231 |
75 |
1709 |
SENTENCED MALE CHILDREN IN PRISON (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
34.02 |
46.33 |
2.63 |
13.14 |
3.87 |
1996 |
36.50 |
41.31 |
2.96 |
15.29 |
4.81 |
1997 |
31.35 |
45.68 |
2.28 |
16.37 |
4.32 |
1998 |
30.51 |
44.41 |
2.02 |
19.33 |
3.73 |
1999 |
28.19 |
52.40 |
1.48 |
14.60 |
3.32 |
2000 |
34.14 |
47.79 |
1.24 |
13.24 |
3.59 |
2001 |
36.98 |
43.77 |
1.35 |
13.52 |
4.39 |
AVERAGE NUMBER OF SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (1995 2001): |
||||||
YEAR |
CRIME CATEGORY |
N |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
||
1995 |
7 |
17 |
8 |
32 |
||
1996 |
14 |
20 |
3 |
1 |
10 |
48 |
1997 |
19 |
28 |
4 |
1 |
9 |
61 |
1998 |
22 |
24 |
5 |
2 |
7 |
60 |
1999 |
15 |
25 |
3 |
8 |
51 |
|
2000 |
25 |
27 |
3 |
1 |
8 |
64 |
2001 |
24 |
22 |
3 |
6 |
55 |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
21.88 |
53.13 |
24.99 |
||
1996 |
29.17 |
41.67 |
6.25 |
2.08 |
20.83 |
1997 |
31.15 |
45.90 |
6.56 |
1.64 |
14.75 |
1998 |
36.67 |
40.00 |
8.33 |
3.33 |
11.67 |
1999 |
29.41 |
49.02 |
5.88 |
15.69 |
|
2000 |
39.06 |
42.19 |
4.69 |
1.56 |
12.5 |
2001 |
43.64 |
40.00 |
5.55 |
10.91 |
SENTENCED MALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
20.00 |
50.00 |
20.00 |
10.00 |
|
1996 |
20.00 |
46.67 |
20.00 |
13.33 |
|
1997 |
29.17 |
33.33 |
12.5 |
25.00 |
|
1998 |
22.22 |
40.74 |
3.70 |
22.22 |
11.11 |
1999 |
35.00 |
35.00 |
10.00 |
15.00 |
5.00 |
2000 |
30.77 |
46.15 |
7.69 |
15.38 |
|
2001 |
28.57 |
35.71 |
14.29 |
21.43 |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
|||||
1996 |
|||||
1997 |
100.00 |
||||
1998 |
33.33 |
66.67 |
|||
1999 |
50.00 |
50.00 |
|||
2000 |
100.00 |
||||
2001 |
SENTENCED MALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive (%) |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
40.00 |
30.00 |
15.00 |
10.00 |
5.00 |
1996 |
33.33 |
37.04 |
7.41 |
11.11 |
11.11 |
1997 |
10.13 |
73.42 |
3.80 |
8.86 |
3.80 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
29.41 |
44.12 |
2.94 |
20.59 |
2.94 |
2000 |
33.33 |
39.58 |
2.08 |
20.83 |
4.17 |
2001 |
25.00 |
50.00 |
2.08 |
14.58 |
8.33 |
Code: N/A = Data not available |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive (%) |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
|||||
1996 |
100.00 |
||||
1997 |
33.33 |
66.67 |
|||
1998 |
100.00 |
||||
1999 |
100.00 |
||||
2000 |
100.00 |
||||
2001 |
SENTENCED MALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
35.71 |
38.10 |
4.76 |
14.29 |
7.14 |
1996 |
26.15 |
44.62 |
3.08 |
16.92 |
9.23 |
1997 |
25.53 |
43.62 |
4.26 |
18.09 |
8.51 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
20.93 |
53.49 |
3.88 |
17.05 |
4.65 |
2000 |
28.08 |
52.05 |
1.37 |
13.70 |
4.79 |
2001 |
31.25 |
46.25 |
3.13 |
13.75 |
5.63 |
Code: N/A = Data not available |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
100.00 |
||||
1996 |
28.57 |
42.86 |
14.29 |
14.29 |
|
1997 |
38.46 |
46.15 |
7.69 |
7.69 |
|
1998 |
45.45 |
45.45 |
9.09 |
||
1999 |
33.33 |
66.67 |
|||
2000 |
100.00 |
||||
2001 |
37.50 |
50.00 |
12.50 |
SENTENCED MALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
33.33 |
47.33 |
2.00 |
12.67 |
4.67 |
1996 |
31.63 |
44.90 |
1.02 |
16.84 |
5.61 |
1997 |
25.23 |
53.50 |
2.13 |
15.50 |
3.65 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
29.05 |
48.13 |
1.24 |
14.73 |
6.85 |
2000 |
31.15 |
50.33 |
1.96 |
12.85 |
3.70 |
2001 |
37.77 |
42.49 |
0.86 |
14.81 |
4.08 |
Code: N/A = Data not available |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
9.09 |
36.36 |
54.55 |
||
1996 |
23.53 |
41.18 |
5.88 |
29.41 |
|
1997 |
29.41 |
41.18 |
5.88 |
23.53 |
|
1998 |
40.00 |
33.33 |
6.67 |
20.00 |
|
1999 |
26.67 |
46.67 |
26.67 |
||
2000 |
N/A |
N/A |
N/A |
N/A |
N/A |
2001 |
50.00 |
37.50 |
6.25 |
6.25 |
|
Code: N/A = Data not available |
SENTENCED MALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
34.13 |
47.31 |
2.20 |
13.17 |
3.19 |
1996 |
36.74 |
44.98 |
1.43 |
13.80 |
3.05 |
1997 |
41.16 |
33.65 |
2.19 |
19.25 |
3.76 |
1998 |
N/A |
N/A |
N/A |
N/A |
N/A |
1999 |
31.80 |
47.65 |
1.31 |
15.63 |
3.61 |
2000 |
36.40 |
46.47 |
0.87 |
13.07 |
3.19 |
2001 |
38.20 |
43.78 |
1.27 |
12.83 |
3.92 |
Code: N/A = Data not available |
SENTENCED FEMALE CHILDREN IN PRISON PER YEAR (19952001): |
|||||
YEAR |
CRIME CATEGORY |
||||
Aggressive |
Economic |
Narcotics |
Sexual |
Other |
|
1995 |
25.00 |
50.00 |
25.00 |
||
1996 |
29.17 |
41.67 |
4.17 |
4.17 |
20.83 |
1997 |
29.63 |
44.44 |
7.41 |
3.70 |
14.81 |
1998 |
33.33 |
36.67 |
13.33 |
3.33 |
13.33 |
1999 |
29.17 |
45.83 |
12.50 |
12.50 |
|
2000 |
N/A |
N/A |
N/A |
N/A |
N/A |
2001 |
41.94 |
38.71 |
6.45 |
12.90 |
|
|
Table 115. Sentenced Female Children In Prison (19952001): (17 Years): Crime Category Distribution (percentage). Source: DCS (2002).
6.4 Children serving non-custodial sentences administered by DCS
CHILDREN SERVING NON-CUSTODIAL SENTENCES: AVERAGE NUMBER PER YEAR (19952001): |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
3 |
0 |
8 |
9 |
13 |
65 |
160 |
Free State |
4 |
2 |
2 |
13 |
34 |
81 |
164 |
Gauteng |
4 |
5 |
9 |
11 |
13 |
31 |
108 |
KwaZulu Natal |
2 |
4 |
4 |
12 |
26 |
107 |
261 |
Limpopo |
3 |
3 |
11 |
22 |
72 |
196 |
|
Mpumalanga |
2 |
2 |
1 |
6 |
16 |
103 |
|
N. Cape |
2 |
3 |
6 |
3 |
25 |
49 |
|
N. W. Province |
1 |
2 |
2 |
6 |
4 |
52 |
135 |
W. Cape |
3 |
2 |
4 |
6 |
4 |
32 |
131 |
N |
22 |
17 |
37 |
75 |
125 |
481 |
1307 |
CHILDREN SERVING NON-CUSTODIAL SENTENCES (19952001): |
|||||||
REGION |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
E. Cape |
13.64 |
0.00 |
21.62 |
12.00 |
10.40 |
13.51 |
12.24 |
Free State |
18.18 |
11.76 |
5.41 |
17.33 |
27.20 |
16.84 |
12.55 |
Gauteng |
18.18 |
29.41 |
24.32 |
14.61 |
10.40 |
6.44 |
8.26 |
KwaZulu Natal |
9.09 |
23.53 |
10.81 |
16.00 |
20.80 |
22.25 |
19.97 |
Limpopo |
13.64 |
8.11 |
14.67 |
17.60 |
14.97 |
15.00 |
|
Mpumalanga |
9.09 |
5.41 |
1.33 |
4.80 |
3.33 |
7.88 |
|
N. Cape |
11.76 |
8.11 |
8.00 |
2.40 |
5.20 |
3.75 |
|
N. W. Province |
4.55 |
11.76 |
5.41 |
8.00 |
3.20 |
10.81 |
10.33 |
W. Cape |
13.64 |
11.76 |
10.81 |
8.00 |
3.20 |
6.65 |
10.02 |
CHILDREN SERVING NON-CUSTODIAL SENTENCES (19952001): |
|||||||
GENDER |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
2001 |
MALE |
100.00 |
100.00 |
97.37 |
90.12 |
93.60 |
90.07 |
93.25 |
FEMALE |
2.63 |
9.88 |
6.40 |
9.93 |
6.75 |
Table 118. Children Serving Non-Custodial Sentences (1995 2001): Gender Distribution In Percentages. Source: DCS (2002).
Figure 25. Children Serving Non-Custodial Sentences (1995 2001): Gender Distribution In Percentages. Source: DCS (2002).
AVERAGE NUMBER OF CHILDREN SERVING NON-CUSTODIAL SENTENCES (19952001): |
||||||
YEAR |
AGES |
N |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
||
1995 |
20 |
1 |
1 |
22 |
||
1996 |
11 |
2 |
4 |
17 |
||
1997 |
19 |
1 |
4 |
3 |
10 |
37 |
1998 |
29 |
2 |
1 |
6 |
37 |
75 |
1999 |
10 |
4 |
3 |
21 |
87 |
125 |
2000 |
15 |
11 |
29 |
96 |
330 |
481 |
2001 |
23 |
30 |
122 |
357 |
775 |
1307 |
CHILDREN SERVING NON-CUSTODIAL SENTENCES |
|||||
YEAR |
AGES |
||||
713 yrs |
14 yrs |
15 yrs |
16 yrs |
17 yrs |
|
1995 |
90.91 |
4.55 |
4.55 |
||
1996 |
64.71 |
11.76 |
23.53 |
||
1997 |
51.35 |
2.70 |
10.81 |
8.11 |
27.03 |
1998 |
38.67 |
2.67 |
1.33 |
8.00 |
49.33 |
1999 |
8.00 |
3.20 |
2.40 |
16.80 |
69.60 |
2000 |
3.12 |
2.29 |
6.03 |
19.96 |
68.61 |
2001 |
1.76 |
2.30 |
9.33 |
27.31 |
59.30 |
DEATHS OF CHILDREN IN CUSTODY |
|
PLACE OF DEATH |
F |
Police Cells |
5 |
Reform Schools |
3 |
Prison |
1 |
Place of Safety |
1 |
N |
10 |
Table 121. Deaths Of Children In Custody: 01/01/199930/04/2000. Place Of Death. Source: Skelton (2001).
Figure 26. Deaths Of Children In Custody: 01/01/199930/04/2000. Place Of Death. Source: Skelton (2001).
DEATHS OF CHILDREN IN CUSTODY |
|
OFFICIAL CAUSE OF DEATH |
F |
Natural' |
1 |
Non-natural' |
9 |
N |
10 |
Table 122. Deaths Of Children In Custody: 01/01/199930/04/2000. Cause Of Death. Source: Skelton (2001).
Figure 27. Deaths Of Children In Custody: 01/01/199930/04/2000. Cause Of Death. Source: Skelton (2001).
In view of the paucity of statistics on child injury and deaths in custody, as well as the fact that statistics can never really capture the full horror of the physical and psychological trauma suffered by many children in custody, it was decided to include the following descriptive case material related to the statistics contained in Table 121 and 122 in this report.
OVERALL RECOMMENDATIONS
The dearth of reliable statistical data, as well as the patent absence of adequate monitoring systems to record the relevant statistics pertaining to children in conflict with the law constituted the single most important obstacle to meeting the key objectives of the present research initiative. Consequently, the researchers hereby wish to recommend that a serious attempt be made to co-ordinate the development of appropriate systems aimed at ensuring the adequate capturing of relevant statistics as well as other forms of information (e.g. narrative material) related to children in conflict with the law. Only when such systems had been put in place can the objectives of a project such as the present one be met. Moreover, the development of these monitoring systems would be key to the implementation of the proposed child justice legislation.
LIST OF SOURCES
Article 40 (2001). The house arrest project. An alternative to children being held in custody awaiting trial. Article 40, 3(2), pp. 6 7.
Barberton, C. (2000). Costing child justice. Article 40, 2(1), pp. 1 11.
Barnoski, R (1997). Standards for Improving Research Effectiveness in Adult and Juvenile Justice, Washington State Institute for Public Policy, Washington.
Child Justice Alliance (2001). Advocacy campaign planned around the Child Justice Bill. Article 40, 3(1), pp 1 3.
Community Law Centre (undated). Children in prison. A situational analysis.
Bellville: Community Law Centre, University of the Western Cape.
Gilbert, S. (1999). The draft Justice Bill. "What the children said". Bellville: Community Law Centre, University of the Western Cape.
Judicial Inspectorate of Prisons, (2002). Briefing to the Joint Monitoring Committee on improvement of quality of life and status of children, youth and persons with disabilities. Cape Town.
Judicial Inspectorate of Prisons, Annual report 2001/2002, Prison and Prisoners, Office of the Inspecting Judge, Cape Town.
Madotyeni, Z. & Muntingh, L. M. (2000). Editorial. Article 40, 2(2), p. 3.
Muntingh, L. M. (2002). Children co-accused with adults at the Port Elisabeth Stepping Stone Centre, Cape Town, NICRO.
Muntingh, L.M, (2002). Sentenced children admitted to prison 1999-2000, Cape Town, NICRO.
Muntingh, L. M. (2001). The effectiveness of diversion programmes. A longitudinal evaluation of cases. Unpublished report, Cape Town: NICRO.
Muntingh, L. M. (2001). Update: Sentenced and unsentenced children in prisons. Article 40, 3(1), pp. 6 7.
Muntingh, L. M. (2001). Sentence and diversion statistics: 1999-2000. Article 40, 3(3), p. 8.
Muntingh, L. M. (1999). Diversion statistics: a two year review: 1997-1999. Occasional Paper, 13, Cape Town: NICRO.
Muntingh, L. M. (1998a). The effectiveness of diversion programmes. Unpublished report, Cape Town: NICRO.
Muntingh, L. M. (1998b). Statistical report on NICROs services for the financial year 1997/8. Unpublished report, Cape Town: NICRO.
Muntingh, L. M. (1997). Submission prepared for the White Paper on Safety and Security on diversion from the criminal justice system. Unpublished report, Cape Town: NICRO.
Muntingh, L. M. (1996). Sentencing trends: 1977/8 to 1995/6. Unpublished report, Cape Town: NICRO.
Muntingh, L. M. (1995). The conviction of juvenile offenders: 1977/8-1993/4. An overview of selected statistics. Occasional Paper, 5, Cape Town: NICRO.
Muntingh, L. M. & Shapiro, R. J. (1997). NICRO annual report: 1996/7. An introduction to diversion from the criminal justice system. Cape Town: NICRO.
Pinnock, D., Skelton, A. & Shapiro, R. (1994). New juvenile justice legislation for South Africa: giving children a chance. SACJ, 3, pp. 338 - 347.
SA Law Commission (2000). Report on Juvenile Justice, Project 106, Pretoria.
Schönteich, M. (1999). The dangers of youth? Linking offenders, victims and age. Nedcor ISS Crime Index, 5, pp. 22 - 28.
Sewpaul, O. (2000). South African presentation to the UNCRC: setting the agenda for transformation. Article 40, 2(2), pp. 1 3.
Skelton, A. (2001). Report on the deaths of children in custody. Unpublished report. Pretoria: Child Justice Project.
Skelton, A (1993). Children in Trouble with the Law, Lawyers for Human Rights, Pretoria.
Sloth-Nielsen, J. (1996). Juvenile justice review. 1996. SACJ, 9, pp. 342 - 353.
Sloth-Nielsen, J. (1995). No child should be caged-Closing the doors on the detention of children. SAS, 89, pp. 47 - 59.
Sloth-Nielsen, J. & Muntingh, L. M. (1998). Juvenile justice review. SACJ, 12, pp. 65 - 80.
Sloth-Nielsen, J. & Muntingh, L. M. (1998). Juvenile justice review. 1999- 2000, Unpublished Report (later published in the South African Journal of Criminal Justice (2001), 3, pp. 384-405).
Tserere, M. (2002). A diversion case audit. Unpublished report. National Prosecuting Authority: Pretoria.
United Nations (1986). Standard Minimum Rules for the Administration of Juvenile Justice, United Nations, New York.
Other sources of Information
Child Justice Project
Department of Correctional Services
Department of Social Development
National Prosecuting Authority
South African Police Service Youth Desk (Western Cape)
Stepping Stones Youth Justice Centre.