Indicators For Monitoring Children In Conflict With The Law

Indicators for monitoring children in
conflict with the law
Core indicators
Policy goal Indicator and Definition, measure, period and data source
reason for use
Indicators for monitoring the legislative and policy environment and for multiple stages of
the justice system
Progressively Type 5 Indicator: Definition: General Guidelines regarding the form and
improve the Service Quality contents of country reports to be submitted by States
country report to The South African Parties under Article 44, paragraph 1(b) of the convention.
the Committee on country report to the CRC/C/58. Adopted by the committee at its 343rd meeting
the Rights of the Convention on the (thirteenth session) on 11 October 1996.
Child in relation to Rights of the Child Measures: 1. Submission of South African country reports
Free download from www.hsrcpress.ac.za

reporting on child (CRC) is is on time, and in accordance with the General
justice. comprehensive Guidelines.
and complies 2. A comparison between country and shadow reports is
with reporting undertaken to ascertain points of agreement and
requirements difference.
regarding child 3. Country reports address shortcomings made by the
justice. committee and by shadow reports on previous country
Reason for use: reports as far as possible.
To monitor 4. Country report complies with articles 37 and 40 of the
government’s CRC. The report must specify:
commitment to 4.1. Available alternatives to the deprivation of liberty
compliance with and the frequency with which they are used;
the CRC. 4.2. All data on children deprived of their liberty must
be disaggregated to show the following: children
detained unlawfully, arbitrarily and within the law
together with the reasons for, and period of, deprivation
of liberty;
4.3. Reports on children who have been deprived of
their liberty, including the percentage in which legal or
other assistance has been provided, and in which the
legality of the deprivation of liberty has been challenged
before an appropriate authority, together with the
results of such challenges.
Sources: Country reports; comments of the committee;
shadow reports.
Period: Every 5 years in line with the required reporting
periods.

core indicators for monitoring children in conflict with the law • 503

reason for use
Integration of Type 5 Indicator: Definition: Appropriate legislation has been passed and
legislation affecting Service Quality harmonised in terms of regulations, and the necessary
children in the 1. An integrated procedures as noted below are in place.
justice system. legislative Measures: 1. Number of judgements and comments
Ensure specialised framework for against the provisions of the CJB (once enacted).
procedures for regulating children 2. Existence of specialised courts and procedures for
children appearing in the criminal children measured against departmental targets.
before the courts. justice system 3. Compliance with specialised procedures.
(following the 4. The number of jurisdictions designated as one-stop
CRC) is in place. child justice centres measured against departmental
2. Specialised courts targets.
and procedures for 5. The existence of requirements in policy and legislation
children are in to ensure services are of acceptable quality.
place. 6. Existence of specialised courts and procedures for
Reason for use: children (CRC 40.2(b)): UNICEF Indicators for Juvenile
To monitor Justice require that the availability of specialised staff be

government’s expressed as a per 1 000 ratio of arrested children for:
commitment to judges, lawyers, prosecutors, police and social workers
compliance with the (probation officers).
CRC, and the 7. The existence of a body or bodies responsible for
transformation of the overseeing judicial and correctional services to children.
justice system to one 8. Revision of the age of criminal capacity to 10 years with
that meets the needs a rebuttable presumption of lack of capacity up to
of children. An 14 years.
integrated system is 9. Constitutionality of retroactive legislation.
key to protecting the 10. Use of the presumption of innocence by the courts.
rights of children. 11. Assessment of automatic review of custodial sentences
To ensure effective for children under 16 years (in terms of CJB Section 80
justice services for if passed); until such time, periodic assessment of the
children and to extent to which decisions and sentences are reviewed.
monitor progressive Sources: Department of Justice (DoJ) and National
compliance with the Prosecuting Authority (NPA):
CRC and the Child • Legislation;
Justice Bill (CJB). • Case law;
Existence of • Departmental programme plans, progress reports,
specialised courts outputs, and annual reports;
provides for the right • Criminal, civil and constitutional court cases involving
of children to special children’s rights matters;
protection (CRC and • CRC country reports.
CJB). Period: Periodic reviews of the legislative and policy
environment for child justice; every 5 years.

504 • monitoring child well-being

reason for use
Prevent abuse of Type 5 Indicator: Definition: All facilities where children are detained
children in the Service Quality (awaiting trial and sentenced) are inspected unannounced
justice and Detention facilities by the Office of the Inspecting Judge (OIJ) at least twice
correctional for children are per year.
systems and ensure inspected at least Measure: Proportion of facilities inspected twice per year.
compliance with once per annum. Source: OIJ
the objectives of Reason for use: The Period: Annual
the Optional Children’s Act (No.
Protocol to the 38 of 2005) and the
Convention associated Children’s
Against Torture Amendment Bill (No.
(2002) Article 1, 19 of 2006), as well
and in terms of the as the Correctional
Constitution and Services Act (CSA)
the CRC. (through the Judicial
Inspectorate), make

provision for
unannounced visits
to facilities where
children are detained.
The frequency,
duration and timing
of these visits are
important indicators
of the commitment
of oversight bodies to
detention conditions
which comply with
the legislative
requirements. ➔


reason for use
➔ Type 1 & 5 Definition: Torture ‘means any act by which severe pain or
Indicators: Child suffering, whether physical or mental, is intentionally inflicted
Status and Service on a person for such purposes as obtaining from him or a
Quality third person information or a confession, punishing him for
Children subject an act he or a third person has committed or is suspected of
to torture and having committed, or intimidating or coercing him or a third
inhumane treatment person, or for any reason based on discrimination of any kind,
while in the care of when such pain or suffering is inflicted by or at the instigation
the state. of or with the consent or acquiescence of a public official or
Reason for use: other person acting in an official capacity. It does not include
Monitor safety and pain or suffering arising only from, inherent in or incidental
security of children to lawful sanctions’ (CRC Article 1).
in the criminal Measures: 1. Number of allegations of torture, abuse, cruel and
justice system and inhumane treatment of children in conflict with the law.
violations of the law. 2. Number of cases investigated alleging torture, abuse, cruel
and inhumane treatment of children in conflict with the law.

3. Number of convictions for torture, abuse, cruel and
inhumane treatment of children in conflict with the law.
Sources: NPA; Independent Complaints Directorate (ICD);
OIJ; Department of Correctional Services (DoCS).
Period: Every 5 years.
Type 1 & 5 Definition: Child deaths occurring in the criminal justice
Indicators: Child system.
Status and Service Measure: Proportion of children who die in state custody
Quality and in programmes or interventions sanctioned by the
Deaths in the child criminal justice system.
justice system. Sources: ICD; OIJ; director-general of the Department of
Reason for use: Key Social Development (DoSD).
indicator of failure to Period: Annual
protect children in
the justice system.
Type 1 & 5 Definition: Injury sustained while in state custody and
Indicators: Child caused by those responsible for the child as an injury that
Status and Service necessitates hospitalisation.
Quality Measure: Proportion of children injured while in state
Children injured in custody.
state custody by Sources: SAP 14 forms; ICD; OIJ; DoSD.
those responsible Period: Annual
for the child.
Reason for use: Key
indicator of failure to
protect children in
the justice system.


reason for use
Ensure that Type 4 Indicator: Definitions: Services as defined in terms of the relevant
children in Service Access Acts and which apply to all facilities where sentenced
detention are held Services provided to children may be detained. The regulations only apply to
in conditions that children in detention prisoners with a sentence exceeding 12 months and do not
comply with the (sentenced and apply to children awaiting trial. However, detained
CRC. unsentenced) in children have a right to services which respond to their
Ensure that terms of the relevant social, religious, recreational and psychological needs. In
children are held Acts and regulations. the absence of these services, as is often the case, children
in conditions Reason for use: are deprived of their rights to development and
appropriate to Monitor children’s protection. It is recommended that both awaiting trial and
their age and in access to services sentenced children be monitored.
compliance with which meet the Measures: 1. Proportion of eligible sentenced and awaiting
regulations – CSA psychological, trial children (disaggregate) who are enrolled in formal
8.2, 12, 19; educational, health, education.
Constitution spiritual and 2. Proportion of eligible sentenced and awaiting trial
(sections 12, 35). recreational needs children (disaggregate) (16–18) who are enrolled in

Promote children’s of children awaiting education and training.
access to trial and serving 3. Proportion of children who have access to a social
educational and custodial sentences. worker or other social services professional during each
social services 6-month period of custody and while awaiting trial.
while in custody 4. Average number of child prisoner–social worker
during all phases interviews per annum.
of the justice 5. Availability of recreational and spiritual guidance in all
process. Ensure custodial facilities (based on registration of secure care
the child’s right facilities, and reports of the Inspecting Judge).
to education and Sources: DoCS; DoSD.
development while Period: Annual
in custody.
Type 5 Indicator: Definition: Accommodation separate from adults is
Service Quality provided to children and is provided for boys and girls
Capacity of secure and in all facilities in which children may be held prior to
and residential the preliminary hearing, awaiting trial and following
facilities to hold sentence.
children apart from Measures: 1. Proportion of facilities which have facilities
adults and to for male and female children separate from those for
segregate genders. adults.
Reason for use: 2. Reports of children being held in contravention of the
Regulations require regulations.
children to be housed Sources: 1. DoSD: from facility registration applications
separately from and renewals (required every 2 years) in accordance
adults and segregated with regulations of the relevant Acts.
by gender. 2. Regular facility audits (reports of the OIJ).


reason for use
Indicators for monitoring arrest, including detention, release to appear, and assessment
prior to first appearance
Reduce the Type 1 Indicator: Definition: Persons under the age of 18 years arrested by
number of Child Status the South African Police Services (SAPS), disaggregated by
children in trouble Children arrested age (10 years & 11–17 years inclusive) and by offence
with the law. (by offence category). category.
Reason for use: Measure: Proportion of persons under the age of 18 years
Monitoring of recorded as suspects on Case Administration System
numbers of children (CAS) (child population for the denominator), for each
in trouble with the offence category.
law. Monitor Source: SAPS (CAS)
compliance with Period: Annual
standards applicable
to arrest procedures.

Limit the child’s Type 1 Indicator: Definitions: 1. Police release the child into the care of

exposure to the Child Status parents or guardians prior to first appearance.
criminal justice 1. Children in 2. Children who are arrested but no further action is taken
system and use detention in police (arrested children who are not assessed, do not appear in
detention as a cells for over 48 court, or appear before a prosecutor) (CJB Chapter 4).
measure of last hours. Measures: 1. Proportion of arrested children held in
resort (CJB). 2. Children who are custody for more than 48 hours following arrest. The
Ensure compliance arrested but no number of children in detention in a particular
with regulations further action is jurisdiction should be disaggregated in terms of i) the
that protect taken. average number of children in detention per
children in the Reason for use: week/month/year, ii) date-specific counts, for example at
justice system. Monitor compliance month end or on Mondays, iii) new admissions to police
with SAPS custody, iv) number of children who have been in
regulations (SAP 14). custody for less than 48 hours, and v) children in
Protect children from custody for more than one week.
possible harm 2. Proportion of children who are arrested but no further
following arrest. action is taken.
Arbitrary detention Source: SAPS
and detention Period: Annual
without being
charged are serious
rights violations. ➔


reason for use
➔ Type 1 Indicator: Definition: Decision by the police to release the child into
Child Status the care of parents or guardians prior to first appearance.
Placements of Measure: Proportion of arrested children released into the
children prior to first care of a parent or guardian.
court appearance. Source: SAPS
Reason for use: Period: Annual
Monitoring of
children prior to first
court appearance.
Children are at risk
in custody, and
wherever possible
should be released
into the care of
parents or guardians.
The CJB makes

provision for this.
Promote sound Type 5 Indicator: Definition: The use of a standard national assessment tool
and comprehensive Service Quality by all probation officers, as defined by the Diversion
assessments of all Children are assessed Minimum Standards of the DoSD and the CJB.
children so as to using a standard Measure: Proportion of arrested children assessed using
inform judicial assessment system the tool.
decisions. prior to the Sources: Not available at present. DoSD; SAPS (CAS) for
preliminary inquiry. number of arrested children.
Reason for use: The Period: Annual (once available)
assessment process is Note: At the time of writing the standards had not been
key to all the steps finalised by the department.
that follow and is a
vital component of a
child justice process.
Monitor utilisation
of assessment tool in
line with Diversion
Minimum Standards. ➔


reason for use
➔ Type 1 Indicator: Definition: Each child must be assessed within 48 hours
Child Status and prior to first court appearance.
Timely assessment of Measures: 1. Proportion of arrested children assessed
children prior to first within 48 hours of arrest;
court appearance. 2. Proportion of arrested children assessed after 48 hours
Reason for use: but in under 7 days from date of arrest;
Monitor compliance 3. Proportion of all arrested children assessed prior to first
with the relevant court appearance.
legislation. The Sources: DoSD; SAPS (CAS) for number of arrested
difference between children.
the numbers of Period: Annual
arrested children
and the numbers
assessed, as well as
the period taken for
the child to be

assessed, are
indicators of the
capacity of the DoSD
to assess the number
of children arrested.
Type 1 & 4 Definition: The child is assigned legal representation at
Indicators: Child first appearance.
Status and Service Measure: Proportion of children at first appearance who
Access have legal representation.
Children who at first Sources: DoJ; Legal Aid Board.
appearance have legal Period: Annual
representation.
Reason for use:
Promote the child’s
right to support
during trial
proceedings. Monitor
progress in relation
to the CJB.


reason for use
Indicators for monitoring children awaiting trial in custody post first court appearance
Promote children’s Type 1 & 5 Indicators: Definitions: 1. Average detention cycle time is the average
rights to a speedy Child Status and duration of incarceration from when an accused person
trial. Service Quality is admitted to custody for the first time until that matter
1. Average detention is adjudicated.
cycle time of Measure: Average detention cycle time for persons under
children awaiting 18 years for each district and regional court.
trial; Source: DoJ (Directorate of Prosecutions biannual
2. Children detained reports) – would have to be disaggregated by age.
awaiting trial in Period: Annual
excess of 180 days. 2. Children awaiting trial in prison for a continuous
Reason for use: To period of more than 180 days.
monitor children’s Measure: Proportion of awaiting trial children held in
access to a prompt prison for more than 6 months.
legal process. Children Source: DoJ (Directorate of Prosecutions biannual

remaining in custody reports)
longer than 6 months Period: Twice per annum on release of the report to
need to be identified Parliament as required in Act 55 of 2004.
and action needs to
be taken as lengthy
custody places the
child at risk for abuse.
Ensure that Type 1 Indicator: Definition: Judicial decisions regarding placement of
children in Child Status children awaiting trial: awaiting trial children, and those
detention are held 1. Placements of awaiting deportation, may be ordered detained in places of
in conditions that awaiting trial safety, prisons, secure care facilities, immigration centres
comply with the children. and police cells, or released into the care of parents or
CRC. 2. Placements of guardians (in terms of the applicable legislation – CJB
Ensure that sentenced children. Section 16(1)(a)(i)).
children are held Reason for use: Measures: 1. Awaiting trial: proportion of awaiting trial
in conditions Monitor orders for children in each category.
appropriate to the placement of Period: Monthly
their age and in awaiting trial and 2. Sentenced: proportion of awaiting sentenced children in
compliance with sentenced children. each appropriate category.
the regulations. Children are at risk Period: Annual
in custody, and Sources: DoCS; Department of Home Affairs (DoHA);
wherever possible DoSD – Youth Care Centres and other facilities; SAPS.
should be released
into the care of
parents or guardians
and/or diverted.


reason for use
Indicators for monitoring diversion and diversion programmes
Reduce the Type 1 indicator: Definition: Children may be diverted out of the justice
number of Child Status system at the preliminary hearing (and thereafter). A range
children whose Children diverted of options for diversion is contained in the CJB.
cases go to trial from the justice Measures: Proportion of children diverted from the justice
and increase the system (for each system stratified by diversion option.
numbers of type). Source: DoJ
children who are Reason for use: Period: Annual
diverted out of Monitor the extent to
the justice system. which diversion is
being used as an
alternative to trial by
judicial officers in
terms of the CJB.
Indicators for monitoring the trial

Increase the Type 1 Indicator: Definition: Preliminary inquiry outcomes include:
number of Child Status • Prosecution;
decisions to divert Preliminary inquiry • Diversion: arrested children who do not proceed to trial
children and outcomes. and who are diverted from the justice system;
reduce the number Reason for use: • Conversion: the matter is converted to a Children’s
in custody. Wherever possible Court Inquiry (CCI).
children should be Measure: Proportion of children who are prosecuted,
diverted out of the diverted or converted to a CCI.
justice system. This Source: DoJ
indicator monitors Period: Annual
the extent to which Note: Data should also be monitored for children who are
this occurs. diverted prior to appearing at the preliminary inquiry.

Type 1 Indicator: Definition: Outcome of tried cases for each category of
Child Status offence: acquitted, convicted, converted to CCI, diverted.
Adjudication results Measure: Proportion of cases acquitted, convicted,
of court cases. converted to CCI and diverted (by offence category).
Reason for use: Sources: DoJ; NPA.
Monitor Period: Annual
adjudications to
track court decisions
and the extent to
which diversion is
being used.


reason for use
Promote children’s Type 1 Indicator: Definition: The child is assigned legal representation.
access to a fair trial Child Status Measure: Proportion of children appearing in court with a
that is in accordance Children appearing legal representative.
with due process at trial with legal Sources: DoJ; Legal Aid Board.
principles outlined representation. Period: Annual
in Article 40 of the Reason for use:
CRC, and the South Monitor children’s
African Constitution, access to legal
as articulated in the representation during
CJB. trial proceedings.
Indicators for monitoring sentencing and sentenced children
Ensure that the Type 1 Indicator: Definition: Sentences imposed by the court stratified by type
state makes a range Child Status of sentence, offence category, sentence length, and conditions
of non-custodial Sentencing practices of sentence.
options available in in the child justice Measures: Sentence profile of convicted children:

terms of the CRC. system. • Proportion of sentenced children sentenced to life
Reason for use: To imprisonment;
monitor the use of • Proportion of sentenced children receiving prison
custodial and non- sentences of longer than 18 years;
custodial sentences • Proportion of sentenced children sentenced to non-
for children. custodial options;
• Proportion of children sentenced in terms of minimum
sentences legislation (Criminal Law Amendment Act [No.
105 of 1997]).
Sources: DoJ; DoCS based on the following data: new
admissions; specific date count; average number of children
serving custodial sentences.
Period: Annual
Ensure that Type 5 Indicator: Definition: Inter alia, the provisions include the following:
children are held Service Quality • Prisons comply with dietary requirements as set out in
in conditions Detention of children the CSA and the regulations;
appropriate to in prisons is in • The right to be held separately from persons over
their age and in compliance with the 18 years, for the shortest possible time, and in a manner
compliance with provisions of the appropriate for the child’s age;
relevant law and CSA and other • The right to education and other services (see elsewhere
regulations. relevant legislation. in this table);
Reason for use: • For complaints to be laid by children against state care;
Monitor compliance • For notifications sent to parents and the relevant
with the CSA and authorities informing them of the detention of the
regulations, and the child.
CRC. Measure: The number of prisons that comply with the
above provisions based on documentary evidence held by
each prison.
Source: DoCS


reason for use
Ensure adequate Type 5 Indicator: Definition: Guidelines for staff–child ratios would
care for children in Service Quality normally be set by the relevant department, and would
custody. Staff–child ratios in differ according to type of custodial facility. Ratios should
custodial facilities. be expressed for each type of custodial facility.
Reason for use: Measures: 1. The relevant departments have published
Monitor the quality staff–child ratios in place.
of care of children in 2. Ratio of children to care workers in each type of
custody. High staff custodial facility (and compliance with norms once they
care loads undermine are in place).
service quality. Poor Sources: DoSD; DoCS.
care violates the Period: Annual
child’s right to be
held in humane
conditions.
Ensure that Type 5 Indicator: Definition: Children noted as victims in the UNCAT

children in Service Quality country report.
detention are held References in Measure: Number of notations.
in conditions that UNCAT country Source: South Africa country report.
comply with the report to alleged and Period: Every 5 years.
CRC, the UN confirmed cases of
Convention torture and ill-
Against Torture treatment where the
(UNCAT) and victims were children
other relevant serving custodial
bodies of law and sentences.
regulations. Reason for use:
Ensure that Monitor compliance
children are held with reporting
in conditions requirements of
appropriate to UNCAT.
their age.


reason for use
Indicators for monitoring reintegration
Improve the Type 5 Indicator: Definition: Effective reintegration is defined as:
effectiveness of Service Quality 1. A child who does not re-offend within 18 months of
diversion The effectiveness of exiting a custodial facility or diversion programme (each
programmes and all services in to be measured separately).
the reintegration of reintegrating children 2. A youth of 18–20 years who served a custodial sentence
children who have in conflict with the as a child and who has not been re-imprisoned for a
come into conflict law. different offence committed since leaving prison.
with the law in Reason for use: Measures: 1. The proportion of children who are released
terms of the CRC To monitor the from each form of sentence or diversion programme
and the CJB. effectiveness of who do not re-offend within 18 months of release.
custodial and non- 2. The proportion of persons aged 18–20 years who are
custodial measures not re-imprisoned and who served a custodial sentence
(e.g. diversion) for for an offence committed as a child.
children in conflict Sources: SAPS; DoJ; Child and Youth Care Administration

with the law and (CYCA) database (DoSD); DoCS.
different forms of Period: Audit every 5 years.
diversion. Re-
imprisonment of
offenders aged
between 18 and
20 years who have
already served a term
of imprisonment
for an offence
committed as a child
provides a fairly
robust indicator
of the level of
reintegration and
rehabilitation
attained as a result of
a custodial sentence.


Additional indicators
reason for use
Indicators for monitoring the legislative and policy environment and for multiple stages of
the justice system
Promote the Type 5 Indicator: Definition: Recorded inputs by children on each new
development of Service Quality legislative and policy framework.
child-centred Children contribute Measure: Number and scope of inputs.
policy and to the development Source: Not available. Will depend on provisions to record
legislation. of legislation and such processes.
Ensure children’s policy. Period: Review periodically following the introduction of
rights to Reason for use: new law and policy.
participation. Ensure the child’s
right to participation
in decisions affecting
him or her.

Ensure equal access Type 4 Indicator: Definition: Cases reported to Public Protector,
to services. Service Access Commission on Gender Equality, South African Human
Discriminatory Rights Commission, OIJ and any other body resulting
treatment of children from alleged discrimination in the criminal justice system
in the justice system. against a child.
Reason for use: To Measure: Number of cases reported and investigated by
monitor fair and these bodies.
equitable treatment Sources: The above bodies.
of all children in the Period: Audit every 5 years.
justice system (in
terms of the
Constitution and the
CRC).
Indicators for monitoring arrest, including detention, release to appear, and assessment prior
to first appearance
Ensure that Type 1 Indicator: Definition: Any detention that is found upon review or
children in Child Status inspection to be in contravention of any law, including
detention are not Illegal detentions of children under the age of 14 years awaiting trial in prison
held illegally children. and police cells.
(compliance with Reason for use: Measure: Number of children illegally detained by the
the CRC). Monitor illegal DoSD, SAPS, DoHA or DoCS.
Promote the detention of children. Sources: DoSD; SAPS; DoHA (for illegal immigrants);
participation of DoCS; other oversight structures.
➔
children in the Period: Audit every 5 years.
justice system in
evaluating police
and justice
services.


reason for use
➔ Type 5 Indicator: Definition & Measure: Children’s satisfaction with the
Service Quality treatment they received from police and private security
Children’s experience agents during the pre-trial period. Exit polls to be
of their treatment by developed in specific studies.
the police and private Source: None
security agents. Period: Audit every 5 years.
Reason for use:
Monitor the child’s
experience of police
treatment.
Promote support Type 1 Indicator: Definition & Measure: Child at first appearance is
of parents and Child Status accompanied by a parent/guardian. To be developed in
guardians for Children specific studies.
children appearing accompanied by Source: DoJ
in court (in terms parent/guardian at Period: Audit every 5 years.

of the CRC). first court
appearance.
Reason for use: The
police must inform
the parent/guardian
of a child’s arrest and
court appearance.
The absence of a
parent/guardian can
result in the child
being remanded in
custody.
Promote sound Type 5 Indicator: Definition & Measure: SAPS are obliged to keep records
record keeping in Service Quality on all persons in their custody in the SAP 14 form. Rule
compliance with Record keeping of 7.1 states that, ‘In every place where persons are
the UN Standard arrests and detention imprisoned there shall be kept a bound registration book
Minimum Rules of children. with numbered pages in which shall be entered in respect
(UNSMR) for the Reason for use: Poor of each prisoner received:
Treatment of quality record (a) Information concerning his identity;
Prisoners (in Rule keeping contributes (b) The reasons for his commitment and the authority
7.1 and Rule 7.2), to children ‘getting therefore;
and South African lost’ in the system. To (c) The day and hour of his admission and release.
regulations. monitor compliance (2) No person shall be received in an institution without a
with Rule 7.1 of the valid commitment order of which the details shall have
UNSMR and South been previously entered in the register.’
African regulations. Source: SAPS (SAP 14 forms)
Period: Audit every 5 years.

additional indicators for monitoring children in conflict with the law • 517

reason for use
Promote sound Type 5 Indicator: Definition: Judicial decisions are informed by assessment
and comprehensive Service Quality reports that include the wishes of children (in terms of the
assessments of all Judicial decisions CRC).
children so as to are informed by Measure: Proportion of completed assessments of arrested
inform judicial assessments of children that are used to inform judicial decisions.
decisions. arrested children. Sources: DoSD; NPA.
Reason for use: Period: Every 5 years.
Monitor compliance
with the recommen-
dations of the CJB.
Promote quality Type 1, 4 & 5 Definition: Magistrates hear all preliminary inquiries.
services to children Indicators: Child Measure: Proportion of children who are arrested and
in the justice Status, Service Access who appear before a magistrate at the preliminary inquiry.
system. and Service Quality Source: DoJ
Cases appearing Period: Annual

before a magistrate at
the preliminary
inquiry.
Reason for use:
Monitor compliance
with the CJB.


reason for use
Indicators for monitoring children awaiting trial in custody post first court appearance
Promote Type 5 Indicator: Definition & Measures: Range and utilisation of non-
compliance with Service Quality custodial means to secure attendance of suspect at trial
Article 37 of the 1. Use of non-custodial with regard to:
CRC. measures for • Proportion of arrested children released into care of
children awaiting parents (CRC 37.1(b));
trial. • Proportion of arrested children released on bail (CRC
2. Effectiveness of non- 37.1(b)) and bail amounts for children (CRC 40.2(b));
custodial measures • Proportion of arrested children placed under house
in securing children’s arrest (CRC 37.1(b));
attendance at trial. • Proportion of arrested children placed under Section
3. Children under the 62(f) of the CSA (CRC 37.1(b));
age of 14 years • Children under the age of 14 years awaiting trial in
awaiting trial in prison and police cells.
prison and police Source: DoJ

cells. Period: Annual
Reason for use:
Detention poses
significant risks for
the rights of children,
particularly in the
awaiting trial or
unsentenced phase,
and should therefore
be avoided as far as
possible. It is important
to monitor the
effectiveness of non-
custodial measures for
policy monitoring
purposes.


reason for use
Indicators for monitoring diversion and diversion programmes
Promote sound Type 5 Indicator: Definition: Cases recommended through assessment for
and comprehensive Service Quality diversion which are accepted by the prosecution as suitable
assessments of all Recommendations to be diverted.
children so as to for diversion in Measure: Proportion of cases recommended through
inform judicial assessments are assessment for diversion that are accepted by the
decisions. accepted by the prosecution service.
prosecution service. Sources: None at present. Developed for specific studies.
Reason for use: To DoSD; NPA.
monitor changes in Period: Audit every 5 years.
prosecutor practice
in respect of
diversion
recommendations.
Ensure fair and Type 4 Indicator: Definition: Diverted children should reflect the population

equal treatment of Service Access of arrested children (gender and population group) in the
all children in the Equity in the same offence category.
justice system and diversion system. Measure: Profile of diverted cases disaggregated by
equal access to Reason for use: population group and gender for each offence category.
diversion Ensure that diversion Sources: DoSD; NPA.
opportunities. is accessible to all Period: Audit every 5 years.
arrested children
without
discrimination.
Type 4 Indicator: Definition: Diversion services are defined by the CJB and
Service Access Diversion Minimum Standards (of the DoSD).
Geographical Measure: Types of service available in each magisterial
accessibility and type district.
of diversion services. Sources: DoJ; NPA; the National Institute for Crime
Reason for use: Prevention and the Reintegration of Offenders.
Monitor the Period: Audit every 5 years.
availability of
diversion services in
each jurisdiction.


reason for use
Promote effective Type 1 Indicator: Definition & Measure: Children who do not comply are
diversion services Child Status those who violate their diversion conditions as set by the
that comply with Compliance of prosecutor.
standards and children with Sources: None at present. Developed for specific studies.
within which diversion conditions. DoSD; NPA.
children comply Reason for use: Period: Audit every 5 years.
with the order and Monitor effectiveness
complete the of diversion
programme. programmes as well
as the suitability of
the match between
the child and the
programme.
Type 5 Indicator: Definition: Level of compliance with the Diversion
Service Quality Minimum Standards as defined by the DoSD.

Compliance with Measure: Proportion of diversion service providers who
Diversion Minimum meet all the minimum standards.
Standards in terms Source: None at present. Awaiting finalisation of the
of service providers’ standards by the DoSD.
requirements and Period: At application for and renewal of accreditation.
programme
outcomes.
Reason for use: To
monitor the quality
and improvement of
diversion services.
Indicators for monitoring the trial
Promotion of a fair Type 5 Indicator: Definition: Compliance with provisions as required by the
judicial process Service Quality Constitution.
that promotes the Decisions overturned Measure: Proportion of decisions and judgements
participation of the due to non- overturned as a result of non-compliance.
child and is in compliance. Sources: Constitutional Court; Supreme Court of Appeal;
accordance with Reason for use: To Supreme Court.
due process. monitor compliance Period: Every 5 years.
with provisions as
required by the South
African Constitution
as outlined in Section
35(3)(a)–(o), 4 and 5.


reason for use
Roll out effective Type 4 & 5 Definition: The child’s identity is protected during legal
child-friendly Indicators: Service proceedings through provision of in-camera hearings; the
courts in the Access and Service trial is accessible to the child through the provision of
justice system as Quality interpreters and through legal aid.
provided for in Child-friendly courts Measures: 1. Proportion of children receiving requested
various bodies of in place. interpretation services.
law and Reason for use: 2. Proportion of children who receive legal representation.
regulations. Availability of these 3. Proportion of children whose hearings are held in
facilities’ services is camera.
likely to improve the Source: DoJ
quality of child Period: Service quality audit every 5 years.
testimony, reduce
the trauma of court
appearance, and
improve the
conviction rate.

To monitor
compliance with
regulations and to
assess progress in
transformation of the
justice system.

Promote Type 1 Indicator: Definition: The rebuttable margin covers children aged
compliance of the Child Status between 10 and 14 years and carries a rebuttable
justice system with Children prosecuted presumption of lack of criminal capacity for the period.
Article 40 of the in the rebuttable age Measure: Proportion of prosecutions of children where
CRC and relevant margins. children are aged between 10 and 14 years.
South African Reason for use: Sources: NPA; DoJ.
provisions. Monitor Period: Service quality audit every 5 years.
Reduce prosecutions of
prosecutions of children in this age
children within the group where there is
rebuttable age the risk that they
margins. may not have
criminal capacity.


reason for use
Indicators for monitoring sentencing and sentenced children
Ensure that Type 1 Indicator: Definition: Children serving custodial sentences who are
children in Child Status held in solitary confinement for longer than 2 hours as
detention are held Number of children reported to the OIJ.
in conditions that held in solitary Measure: Number of sentenced children held in solitary
comply with confinement. confinement in prisons.
articles 37 and 40 Reason for use: Source: Reports of the Inspecting Judge
of the CRC. Isolation is a cruel Period: Annual
Ensure that form of punishment
children are held in and can be
conditions psychologically
appropriate to damaging to children
their age and in in custody when used
compliance with for excessive periods.
regulations. The Child Care Act

Regulations specify
that children may
only be isolated when
they are a danger to
self or others for a
period not exceeding
2 hours.
Type 5 Indicator: Definition: Notification to parent/guardian from DoCS
Service Quality regarding detention and/or transfer of a child.
Parents/guardians are Measure: Number of notifications sent to relevant
informed of detention authorities by the commissioner informing them of the
and transfers. detention and/or transfer of a child.
Reason for use: To Source: DoCS
monitor compliance Period: Service quality audit every 5 years.
with the CSA.
Increase the use of Type 5 Indicator: Definition: Custodial sentences that are converted to non-
non-custodial Service Quality custodial sentences upon review or appeal. This applies
sentences and the Custodial sentences particularly to children under 16 where the CJB will
use of the review overturned upon require that all receiving sentences of imprisonment will
process in terms review. be subject to automatic review before a judge of the high
of Chapter 30 of Reason for use: The court.
the Criminal results of this review Measure: Proportion of custodial sentences converted to
Procedure Act. mechanism need to non-custodial sentences in children under 16 and 16–17
be monitored, as well (inclusive).
as its consequences Sources: DoJ; law reports.
for children. Period: Every 5 years.


reason for use
Only use custodial Type 1 Indicator: Definition: Children with no prior convictions sentenced
sentences for first Child Status to serve a custodial sentence.
offenders if no First-time offenders Measure: Proportion of first-time offenders receiving a
other option is receiving custodial custodial sentence.
possible. sentences. Source: DoJ
Reduce the Reason for use: Period: Every 5 years.
proportion of Monitor application
children serving of Beijing Rule 17c
full sentences. and the CRC.
Custodial sentences Type 1 Indicator: Definition: Children who serve their full sentence in
should be for the Child Status prisons and are not released on parole or correctional
shortest possible Children serving full supervision.
period. sentences in custody. Measure: Proportion of children serving their full sentence
Reason for use: in custody.
Custody places Source: DoCS

children at risk in a Period: Every 5 years.
number of ways, and
wherever possible
children should not
be required to serve
a full sentence.

Type 1 Indicator: Definition: Children who are released on parole or
Child Status correctional supervision to complete the remainder of
Children released their sentence outside of prison.
early on Measure: Proportion of children not serving their full
parole/correctional sentences in prison.
supervision. Source: DoCS
Reason for use: Period: Every 5 years.
Children should be
held in custody for
as short a time as
possible.


Indicators For Monitoring Children In Conflict With The Law

Indicators For Monitoring Children In Conflict With The Law

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