LME3701 (LEGAL RESEARCH METHODOLOGY)
ASSIGNMENT 2 SEMESTER 2 FOR 2022. 90% AND
ABOVE. DISTINCTION GUARANTEED. QUALITY
WORK WITH FOOTNOTES AND BIBLIOGRAPHY. THIS
ASSIGNMENT IS WRITTEN AND COMPILED BY AN
EXPERIENCED TUTOR.
, HISTORICAL DEVELOPMENTS OF THE LAW PERTAINING TO CHILD
OFFENDERS AND HOW THEIR CASES ARE DEALT WITH IN THE CRIMINAL
JUSTICE SYSTEM
By
…………..
(……………)
Submitted in partial fulfilment of the requirements for the degree LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT 02, SEMESTER 02)
2022
,WORKING TITLE
Historical developments of the law pertaining to child offenders and how their
cases are dealt with in the criminal justice system.
,TABLE OF CONTENTS
1. INTRODUCTION 4-
5
2. PROBLEM STATEMENT 5-
6
3. HYPOTHESIS 6-
7
4. POINTS OF DEPARTURE AND ASSUMPTIONS 7-8
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 8
6. PROPOSED CHAPTER OUTLAY 9
7. PROJECTED TIME FRAME 10
8. DESCRIPTION OF THE PROPOSED RESEARCH METHOD 10
9. PREPARATORY STUDY 11-
14
10. CONCLUSION 14-
15
11. BIBLIOGRAPHY
16
, 12. ACADEMIC HONESTY AND DECLARATION FORM
17
1. INTRODUCTION
Before April 1, 2010, child offenders were dealt with in accordance with Criminal
Procedure Act (CPA) 51 of 1977 (which also deals with adult offenders). 1 Following
that, the Child Justice Act 75 of 2008 was used to deal with child offenders (CJA). The
CJA's goal is to establish a child justice system for children who have legal issues. This
means that if a child under the age of 18 is suspected of committing a crime, the child
justice process will be used instead of the normal criminal procedure used for adults. 2
Section 28 of the Republic of South Africa's 1996 Constitution establishes a special set
of rights just for children because it recognizes the importance of a child's best
interests. According to Section 28 of the Constitution, no child shall be detained other
than as a last option.3 We have child offenders in South Africa, of course, and they are
frequently detained during the administration of justice. Children accused of crimes
should be supplied with substantive law and procedures to cover all activities
concerning the child from the moment the offense is committed, according to the South
African Law Commission Report on Juvenile Justice.4
The Child Justice Act is the main piece of legislation in South Africa governing the law
governing child offenders and how their cases are dealt in the criminal justice system.
Numerous civil or criminal cases involving child offenders have so far made it to court.
It is crucial to understand that while some children lack the capacity to commit crimes,
1
Criminal Procedure Act 51 of 1977.
2
Child Justice Act 75 of 2008.
3
Constitution of the Republic of South Africa, 1996.
4
South African Law Commission Project 106 Juvenile Justice Report, July 2000.
ASSIGNMENT 2 SEMESTER 2 FOR 2022. 90% AND
ABOVE. DISTINCTION GUARANTEED. QUALITY
WORK WITH FOOTNOTES AND BIBLIOGRAPHY. THIS
ASSIGNMENT IS WRITTEN AND COMPILED BY AN
EXPERIENCED TUTOR.
, HISTORICAL DEVELOPMENTS OF THE LAW PERTAINING TO CHILD
OFFENDERS AND HOW THEIR CASES ARE DEALT WITH IN THE CRIMINAL
JUSTICE SYSTEM
By
…………..
(……………)
Submitted in partial fulfilment of the requirements for the degree LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT 02, SEMESTER 02)
2022
,WORKING TITLE
Historical developments of the law pertaining to child offenders and how their
cases are dealt with in the criminal justice system.
,TABLE OF CONTENTS
1. INTRODUCTION 4-
5
2. PROBLEM STATEMENT 5-
6
3. HYPOTHESIS 6-
7
4. POINTS OF DEPARTURE AND ASSUMPTIONS 7-8
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 8
6. PROPOSED CHAPTER OUTLAY 9
7. PROJECTED TIME FRAME 10
8. DESCRIPTION OF THE PROPOSED RESEARCH METHOD 10
9. PREPARATORY STUDY 11-
14
10. CONCLUSION 14-
15
11. BIBLIOGRAPHY
16
, 12. ACADEMIC HONESTY AND DECLARATION FORM
17
1. INTRODUCTION
Before April 1, 2010, child offenders were dealt with in accordance with Criminal
Procedure Act (CPA) 51 of 1977 (which also deals with adult offenders). 1 Following
that, the Child Justice Act 75 of 2008 was used to deal with child offenders (CJA). The
CJA's goal is to establish a child justice system for children who have legal issues. This
means that if a child under the age of 18 is suspected of committing a crime, the child
justice process will be used instead of the normal criminal procedure used for adults. 2
Section 28 of the Republic of South Africa's 1996 Constitution establishes a special set
of rights just for children because it recognizes the importance of a child's best
interests. According to Section 28 of the Constitution, no child shall be detained other
than as a last option.3 We have child offenders in South Africa, of course, and they are
frequently detained during the administration of justice. Children accused of crimes
should be supplied with substantive law and procedures to cover all activities
concerning the child from the moment the offense is committed, according to the South
African Law Commission Report on Juvenile Justice.4
The Child Justice Act is the main piece of legislation in South Africa governing the law
governing child offenders and how their cases are dealt in the criminal justice system.
Numerous civil or criminal cases involving child offenders have so far made it to court.
It is crucial to understand that while some children lack the capacity to commit crimes,
1
Criminal Procedure Act 51 of 1977.
2
Child Justice Act 75 of 2008.
3
Constitution of the Republic of South Africa, 1996.
4
South African Law Commission Project 106 Juvenile Justice Report, July 2000.
