3. THE PREVENTION AND CONTROL OF YOUTH MISBEHAVIOUR IN SOUTH AFRICA

The role of government and society

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The role of media in education

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The role of mentors

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The role of the family as socialising agent

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The role of the police

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The role of the school

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The role of the school in secondary prevention

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Child Justice 8ill (No. 49 of 2002)

+ 8 August 2002. + diversion + proposed that children in conflict with the law be channelled away or diverted from the criminal justice system processes and procedures to community- oriented, noncustodial programmes. + entitled The Child Justice Act

Government Gazette (RSA 2009:2-6) states that The Child Justice Act, Act No. 75, 2008

+ assented on 7 May 2009 + To establish a criminal justice system for children, who are in conflict with the law and are accused of committing offences + provide for the minimum age of criminal capacity of children + provide a mechanism for dealing with children who lack criminal capacity outside the criminal justice system; + make special provision for securing attendance at court and the release or detention and placement of children; + to make provision for the assessment of children; + provide for the holding of a preliminary inquiry and diverting matters away from the formal criminal justice system, + make provision for child justice courts to hear all trials of children whose matters are not diverted; + to extend the sentencing options + to entrench the notion of restorative justice in the criminal justice system in respect of children + RECOGNISING that pre-'94 many children, particularly black children, didn't have the opportunity to live and act like children, and also that some children, as a result of circumstances in which they find themselves, have come into conflict with the law; + MINDFUL that the Constitution, emphasizes the best interests of children, affording children specific safeguards, among others, the right not to be detained, except as last resort, and if detained, only for the shortest appropriate period of time;/ treated in a manner and kept in conditions that take account of the child"s age/ kept separately from adults, and to separate boys from girls, while in detention/ to family, parental or appropriate alternative care/ to be protected from maltreatment, neglect, abuse or degradation/ not to be subjected to practices that could endanger the child"s well-being, education, physical or mental health or spiritual, moral or social development; + MINDFUL that current statutory law does not effectively approach the plight of children in a comprehensive and integrated manner that takes into account their vulnerability and special needs + ACKNOWLEDGING THAT there are capacity, resource and other constraints on the State +

SECONDARY PREVENTION LEVEL

+ focus is on the early identification of young people at risk of coming into conflict with the law (potential offenders) and intervening before they resort to crime. + programmes within secondary prevention usually target high-risk groups or individuals perceived to be at risk, such as abandoned, neglected, abused, runaway and street children.

PRIMARY PREVENTION LEVEL

+ relates to the steps that are taken before youths engage in misbehaviour. + Provision of basic opportunities for young people"s needs, such as education and health services, are some of the most significant mechanisms for primary prevention.

Diversion

Diversion refers to channelling children away from the formal court system into re- integrative programmes, in which court cases are regularly withdrawn on condition that the young person completes the diversionary programmes effectively.

Primary prevention

Primary prevention pays attention to transforming (altering) the individual and the milieu (environment) by curbing the potential risk factors for offending.

Secondary prevention

Secondary prevention refers to intervening in the lives of youths or groups identified as being in situations that influence them to misbehave.

Tertiary prevention

Tertiary prevention pays attention on the handling and treatment of youth who have committed offences or crimes, and is directed at addressing the issue of youth relapse into criminal conduct (recidivism).