Multi-disciplinary practice guidelines for the management of youth sex offenders within a restorative justice approach in South Africa

Abstract

This article is based on a study which explored the use of residential diversion within a restorative justice framework in the management of youth sex offenders in South Africa (SA). The Child Justice Act provided a context and the rationale for the research. The research adopted a case study and a qualitative research design based on a non-probability purposive sampling. Data was collected through in-depth face-to-face interviews with key informants from various professions who were involved in the management of youth sex offenders and/or their victims in a variety of settings in Gauteng and Western Cape provinces in SA. Based on the key findings of the study, the article offers some practice guidelines which are intended to help clarify the roles and responsibilities of the different youth justice service providers in promoting good practice in the focus area of the study in SA.

Notes

1 ‘Restorative justice' refers to an approach to justice that aims to involve the child offender, the victim, the families concerned and community members to identify and address harms, needs and obligations collectively, through accepting responsibility, making restitution, taking measures to prevent a recurrence of the incident, and promoting reconciliation (Child Justice Act 75 of 2008).

2 ‘Youth sex offender’ refers to persons between the ages of 10 and 17 years who were referred to a youth secure care centre through a court order to attend a youth sex offenders residential diversion programme because they had pleaded guilty to the sexual offences that they had committed.

3 ‘Diversion' refers to the process of referring children who are under the age of 18 and who have committed offences, in cases where there is enough evidence to prosecute, away from formal criminal justice proceedings to informal procedures as recognised by the legislation (Sloth-Nielsen & Gallinetti, 2004). ‘Residential diversion' refers to a residential setting to which a young offender is diverted by a court of law, with the aim of restoring the young offender to a law-abiding way of life through treatment and/or empowerment with job skills.

4 The word ‘child’ is used interchangeably with the word ‘youth’, referring to any person under 18 years of age as stipulated in the United Nations Convention on the Rights of the Child (CRC) (1989) and the Constitution of the Republic of SA (1996).

5 ‘Multi-disciplinary team' refers to a team of professionals working with the youth offender at a certain given time and/or at different stages of the criminal justice process. The disciplines of professionals who are involved in the area of residential diversion include: justice (magistrates and prosecutors); social work (probation officers, secure care and NGOs); child and youth care; health services (medical practitioners, nurses and occupational therapists); education (teachers and secure care centre workshop instructors); psychologists; and so on.

6 The 2007 CJB cabinet version was introduced in the National Assembly as a Section 75 Bill. Available at www.childjustice.org.za/downloads/ChildJusticeBill_2007.pdf.

7 ‘Assessment' refers to ‘an evaluation of a person, the family circumstances of the person, the nature and circumstances surrounding the alleged commission of an offence, its impact on the victim, the attitude of the alleged offender in relation to the offence and any other relevant factor’ (Probation Services Act 116 of 1991). A probation officer is a social worker who has been appointed by the government to render probation services to different categories of offenders as set out in the Probation Services Act 116 of 1991 and the Child Justice Act 75 of 2008.

8 ‘Bifurcation' refers to a policy of separating out minor offences from serious offences with the intention of being tough on the latter.

9 ‘Youth secure care centre' refers to a residential placement to which a youth offender is referred by a court of law to complete a diversion programme. Such a place is often used as a detention facility for youth awaiting trial.

10 ‘Control prosecutors’ refers to the prosecutors who occupy the highest position in the prosecution unit in each magisterial court; they are tasked with decision making in relation to diversion of youth sex offences in SA.