Criminology 210
Chapter 1: Introduction & Terminology
1. Child
o any individual younger than 18 years.
• Child and youth will be used interchangeably to refer to individuals under the age of
18 years.
Youth misbehaviour
o Any type of wrongdoing committed by children younger than 18 years and
includes minor acts (e.g., disruptive behaviour at school), status offences and
criminal offences.
o Youth behaviour is preferred to juvenile Deliquency
Human sciences:
o Behaviour harmful to an individual and/or society.
Link between age and criminal responsibility
Three categories
1. Irrefutable lack of criminal responsibility:
Previously Younger than 7 years & Currently Younger than 12 years (The Child Justice
Amendment Act 28 of 2019 raised the age to 12 years promulgated in 2020)
▪ Sent to Children Court – court of care incase of abuse, neglection)
▪ Child & youth care centre if they don’t have guardian and if they do, they will
be in custody with their parents.
▪ Cannot be argued/ no lack of criminal responsibility
▪ Cannot be arrested or go to correctional center
▪ Referred to a probation officer, their behaviour will be assessed (council)
, 2. Refutable lack of criminal responsibility:
Previously was older than 7-14/10-14 years currently Between 12 years and 14 years
(The Child Justice Amendment Act 28 of 2019 amended this category to include
children between the ages of 12-14 years.)
▪ Lack criminal authority unless It is proven by the state
▪ referred to a psychologist to determine criminal ability
▪ Juvenile Court- deals with youth offences
▪ Understand between rights and wrong
▪ Cannot be part in correctional centre
▪ They might go through diversion, go to community services
3. Refutable criminal responsibility:
Children of 14 years and older
▪ Maturity and majority are not synonymous.
▪ Deemed to be criminally responsible except if the defence can prove the
opposite.
▪ Sent to correctional centre
• Adulthood -18 years & ABOVE.
Section 28 (3)
o A child is anyone under 18 years of age.
Child Justice Act 75 of 2008(1 April 2010) defines
o Children as person under 18 and in any circumstances over but under 21 dealt
with section 4 (2)
o Minimum age of prosecution is 10 years.
Section 4(2)
o If committed an offence under 18.
White Paper on Correctional Service
, o Classifies juvenile/ youth offence 18-25 years.
Delinquency
o Criminal activities and guilt.
o Has negative connotations and causes a negative reaction from the community
2. Misbehaviour
o Any type of wrongdoing/juvenile delinquency
Crime
o Latin ‘Crimen’
o Crime can be defined in a Judicial & Non-Judicial Approach
o Judicial Approach
o Judgement, accusation, and defence
o Action that are legally prohibited
o Illegal action committed by someone to be blamed for it.
o It includes acts or omissions to act.
o Non-Judicial Approach
o An antisocial action that involves threat, violation and infringement of stability
and security to the community.
• To witness someone doing a crime and do nothing about it is not a crime.
• If a child commit a crime if front of an adult, they can be liable for causing the child to
commit it, it is a mitigating factor.
Criminal Offence
o Act against the law
o If a child commits a crime, he/she will be treated as an adult but not harshly
punished as them.
A prosecutor can prosecute a child with following factors.
Chapter 1: Introduction & Terminology
1. Child
o any individual younger than 18 years.
• Child and youth will be used interchangeably to refer to individuals under the age of
18 years.
Youth misbehaviour
o Any type of wrongdoing committed by children younger than 18 years and
includes minor acts (e.g., disruptive behaviour at school), status offences and
criminal offences.
o Youth behaviour is preferred to juvenile Deliquency
Human sciences:
o Behaviour harmful to an individual and/or society.
Link between age and criminal responsibility
Three categories
1. Irrefutable lack of criminal responsibility:
Previously Younger than 7 years & Currently Younger than 12 years (The Child Justice
Amendment Act 28 of 2019 raised the age to 12 years promulgated in 2020)
▪ Sent to Children Court – court of care incase of abuse, neglection)
▪ Child & youth care centre if they don’t have guardian and if they do, they will
be in custody with their parents.
▪ Cannot be argued/ no lack of criminal responsibility
▪ Cannot be arrested or go to correctional center
▪ Referred to a probation officer, their behaviour will be assessed (council)
, 2. Refutable lack of criminal responsibility:
Previously was older than 7-14/10-14 years currently Between 12 years and 14 years
(The Child Justice Amendment Act 28 of 2019 amended this category to include
children between the ages of 12-14 years.)
▪ Lack criminal authority unless It is proven by the state
▪ referred to a psychologist to determine criminal ability
▪ Juvenile Court- deals with youth offences
▪ Understand between rights and wrong
▪ Cannot be part in correctional centre
▪ They might go through diversion, go to community services
3. Refutable criminal responsibility:
Children of 14 years and older
▪ Maturity and majority are not synonymous.
▪ Deemed to be criminally responsible except if the defence can prove the
opposite.
▪ Sent to correctional centre
• Adulthood -18 years & ABOVE.
Section 28 (3)
o A child is anyone under 18 years of age.
Child Justice Act 75 of 2008(1 April 2010) defines
o Children as person under 18 and in any circumstances over but under 21 dealt
with section 4 (2)
o Minimum age of prosecution is 10 years.
Section 4(2)
o If committed an offence under 18.
White Paper on Correctional Service
, o Classifies juvenile/ youth offence 18-25 years.
Delinquency
o Criminal activities and guilt.
o Has negative connotations and causes a negative reaction from the community
2. Misbehaviour
o Any type of wrongdoing/juvenile delinquency
Crime
o Latin ‘Crimen’
o Crime can be defined in a Judicial & Non-Judicial Approach
o Judicial Approach
o Judgement, accusation, and defence
o Action that are legally prohibited
o Illegal action committed by someone to be blamed for it.
o It includes acts or omissions to act.
o Non-Judicial Approach
o An antisocial action that involves threat, violation and infringement of stability
and security to the community.
• To witness someone doing a crime and do nothing about it is not a crime.
• If a child commit a crime if front of an adult, they can be liable for causing the child to
commit it, it is a mitigating factor.
Criminal Offence
o Act against the law
o If a child commits a crime, he/she will be treated as an adult but not harshly
punished as them.
A prosecutor can prosecute a child with following factors.
