Diversion in the South African criminal justice system: emerging jurisprudence

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Date

2015

Journal Title

Journal ISSN

Volume Title

Publisher

Juta Law

Abstract

On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in conflict with the law and are accused of committing offences, in accordance with the values underpinning the Constitution and the international obligations of the Republic'. The Act provides, inter alia, that a child who has committed any offence may be diverted from the criminal justice system. Case law has started emerging from South African courts dealing with some of the sections of the Act. The purpose of this article is to highlight how courts have interpreted or applied some of the sections of the Act.

Description

Keywords

South African Child Justice Act, South Africa, Child offenders, South African Law Commission

Citation

Mujuzi, J. (2015). Diversion in the South African criminal justice system: emerging jurisprudence. South African Journal of Criminal Justice, 28(1): 40-58