Assignment 1 Semester 2 2026
Unique number
Due date: August 2026
1. QUESTION 1: PRELIMINARY INQUIRY AND DETENTION
1.1 Introduction
Nkosi is a sixteen year old child who has been arrested after a serious assault, yet
the Child Justice Act requires his matter to be handled in a way that protects both his
rights and the safety of the community. The child justice process places strong
emphasis on early intervention, rehabilitation and reintegration rather than treating
detention as the automatic response whenever a child is accused of an offence
(University of South Africa, 2019:53). In Nkosi's case, the court must therefore
consider his alleged violent conduct, his lack of a fixed address, his behaviour after
arrest and the practical support offered by the local non governmental organisation
before deciding how he should be managed.
, 1. QUESTION 1: PRELIMINARY INQUIRY AND DETENTION
1.1 Introduction
Nkosi is a sixteen year old child who has been arrested after a serious assault, yet
the Child Justice Act requires his matter to be handled in a way that protects both his
rights and the safety of the community. The child justice process places strong
emphasis on early intervention, rehabilitation and reintegration rather than treating
detention as the automatic response whenever a child is accused of an offence
(University of South Africa, 2019:53). In Nkosi's case, the court must therefore
consider his alleged violent conduct, his lack of a fixed address, his behaviour after
arrest and the practical support offered by the local non governmental organisation
before deciding how he should be managed.
1.2 Definition of key concepts
1.2.1 Preliminary inquiry
A preliminary inquiry is an informal pre trial process used to determine the most
suitable way of dealing with a child who is suspected of committing an offence, after
considering the child, the family circumstances and the alleged offence. The process
normally takes place within forty eight hours after arrest and creates an early
opportunity to consider intervention, diversion, release, placement and other
decisions that may affect the child before the matter proceeds further (University of
South Africa, 2019:53).
1.2.2 Child in conflict with the law
A child in conflict with the law is a person below eighteen years who enters the
justice system because that person is suspected or accused of committing an
offence. This concept recognises that the person remains a child even after an
allegation of criminal behaviour has been made, which means that justice
procedures must still respect the child's age, vulnerability, development and best
interests (University of South Africa, 2019:69).
1.2.3 Assessment