Indicators For Monitoring Children In Conflict With The Law

core indicators for monitoring children in conflict with the law • 503

Policy goal Indicator and Definition, measure, period and data source reason for use

Progressivelyimprove thecountry report tothe Committee onthe Rights of theChild in relation toreporting on childjustice.

Type 5 Indicator:Service QualityThe South Africancountry report to theConvention on theRights of the Child(CRC) iscomprehensive and complies with reportingrequirementsregarding childjustice.Reason for use:To monitorgovernment’scommitment tocompliance with the CRC.

Definition: General Guidelines regarding the form andcontents of country reports to be submitted by StatesParties under Article 44, paragraph 1(b) of the convention.CRC/C/58. Adopted by the committee at its 343rd meeting(thirteenth session) on 11 October 1996.Measures: 1. Submission of South African country reports

is on time, and in accordance with the GeneralGuidelines.

2. A comparison between country and shadow reports isundertaken to ascertain points of agreement anddifference.

3. Country reports address shortcomings made by thecommittee and by shadow reports on previous countryreports as far as possible.

4. Country report complies with articles 37 and 40 of theCRC. The report must specify:4.1. Available alternatives to the deprivation of libertyand the frequency with which they are used;4.2. All data on children deprived of their liberty mustbe disaggregated to show the following: childrendetained unlawfully, arbitrarily and within the lawtogether with the reasons for, and period of, deprivationof liberty;4.3. Reports on children who have been deprived oftheir liberty, including the percentage in which legal orother assistance has been provided, and in which thelegality of the deprivation of liberty has been challengedbefore an appropriate authority, together with theresults of such challenges.

Sources: Country reports; comments of the committee;shadow reports.Period: Every 5 years in line with the required reportingperiods.

Indicators for monitoring children inconflict with the law

Core indicators

Indicators for monitoring the legislative and policy environment and for multiple stages ofthe justice system

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504 • monitoring child well-being


Integration oflegislation affectingchildren in thejustice system.Ensure specialisedprocedures forchildren appearingbefore the courts.

Type 5 Indicator:Service Quality1. An integrated

legislativeframework forregulating childrenin the criminaljustice system(following theCRC) is in place.

2. Specialised courtsand procedures forchildren are inplace.

Reason for use:To monitorgovernment’scommitment tocompliance with theCRC, and thetransformation of thejustice system to onethat meets the needsof children. Anintegrated system iskey to protecting therights of children.To ensure effectivejustice services forchildren and tomonitor progressivecompliance with theCRC and the ChildJustice Bill (CJB).Existence ofspecialised courtsprovides for the rightof children to specialprotection (CRC andCJB).

Definition: Appropriate legislation has been passed andharmonised in terms of regulations, and the necessaryprocedures as noted below are in place.Measures: 1. Number of judgements and comments

against the provisions of the CJB (once enacted).2. Existence of specialised courts and procedures for

children measured against departmental targets.3. Compliance with specialised procedures.4. The number of jurisdictions designated as one-stop

child justice centres measured against departmentaltargets.

5. The existence of requirements in policy and legislationto ensure services are of acceptable quality.

6. Existence of specialised courts and procedures forchildren (CRC 40.2(b)): UNICEF Indicators for JuvenileJustice require that the availability of specialised staff beexpressed as a per 1 000 ratio of arrested children for:judges, lawyers, prosecutors, police and social workers(probation officers).

7. The existence of a body or bodies responsible foroverseeing judicial and correctional services to children.

8. Revision of the age of criminal capacity to 10 years witha rebuttable presumption of lack of capacity up to 14 years.

9. Constitutionality of retroactive legislation.10. Use of the presumption of innocence by the courts.11. Assessment of automatic review of custodial sentences

for children under 16 years (in terms of CJB Section 80if passed); until such time, periodic assessment of theextent to which decisions and sentences are reviewed.

Sources: Department of Justice (DoJ) and NationalProsecuting Authority (NPA):• Legislation;• Case law;• Departmental programme plans, progress reports,

outputs, and annual reports;• Criminal, civil and constitutional court cases involving

children’s rights matters;• CRC country reports.Period: Periodic reviews of the legislative and policyenvironment for child justice; every 5 years.

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Prevent abuse ofchildren in thejustice andcorrectionalsystems and ensurecompliance withthe objectives ofthe OptionalProtocol to theConventionAgainst Torture(2002) Article 1,and in terms of theConstitution andthe CRC.

Type 5 Indicator:Service Quality Detention facilitiesfor children areinspected at leastonce per annum.Reason for use: TheChildren’s Act (No.38 of 2005) and theassociated Children’sAmendment Bill (No.19 of 2006), as wellas the CorrectionalServices Act (CSA)(through the JudicialInspectorate), makeprovision forunannounced visitsto facilities wherechildren are detained.The frequency,duration and timingof these visits areimportant indicatorsof the commitmentof oversight bodies todetention conditionswhich comply withthe legislativerequirements.

Definition: All facilities where children are detained(awaiting trial and sentenced) are inspected unannouncedby the Office of the Inspecting Judge (OIJ) at least twiceper year.Measure: Proportion of facilities inspected twice per year.Source: OIJPeriod: Annual

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Type 1 & 5Indicators: ChildStatus and ServiceQuality Children subject to torture andinhumane treatmentwhile in the care ofthe state.Reason for use:Monitor safety andsecurity of childrenin the criminaljustice system andviolations of the law.

Definition: Torture ‘means any act by which severe pain orsuffering, whether physical or mental, is intentionally inflictedon a person for such purposes as obtaining from him or athird person information or a confession, punishing him foran act he or a third person has committed or is suspected ofhaving committed, or intimidating or coercing him or a thirdperson, or for any reason based on discrimination of any kind,when such pain or suffering is inflicted by or at the instigationof or with the consent or acquiescence of a public official orother person acting in an official capacity. It does not includepain or suffering arising only from, inherent in or incidental to lawful sanctions’ (CRC Article 1).Measures: 1. Number of allegations of torture, abuse, cruel and

inhumane treatment of children in conflict with the law.2. Number of cases investigated alleging torture, abuse, cruel

and inhumane treatment of children in conflict with the law.3. Number of convictions for torture, abuse, cruel and

inhumane treatment of children in conflict with the law.Sources: NPA; Independent Complaints Directorate (ICD);OIJ; Department of Correctional Services (DoCS).Period: Every 5 years.

Type 1 & 5Indicators: ChildStatus and ServiceQuality Deaths in the childjustice system.Reason for use: Keyindicator of failure toprotect children inthe justice system.

Definition: Child deaths occurring in the criminal justicesystem.Measure: Proportion of children who die in state custodyand in programmes or interventions sanctioned by thecriminal justice system.Sources: ICD; OIJ; director-general of the Department ofSocial Development (DoSD).Period: Annual

Type 1 & 5Indicators: ChildStatus and ServiceQualityChildren injured instate custody bythose responsible for the child.Reason for use: Keyindicator of failure toprotect children inthe justice system.

Definition: Injury sustained while in state custody andcaused by those responsible for the child as an injury thatnecessitates hospitalisation.Measure: Proportion of children injured while in statecustody.Sources: SAP 14 forms; ICD; OIJ; DoSD.Period: Annual

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Ensure thatchildren indetention are heldin conditions thatcomply with theCRC.Ensure thatchildren are held in conditionsappropriate totheir age and incompliance withregulations – CSA8.2, 12, 19;Constitution(sections 12, 35).Promote children’saccess toeducational andsocial serviceswhile in custodyduring all phasesof the justiceprocess. Ensure the child’s right to education anddevelopment whilein custody.

Type 4 Indicator:Service AccessServices provided tochildren in detention(sentenced andunsentenced) interms of the relevantActs and regulations.Reason for use:Monitor children’saccess to serviceswhich meet thepsychological,educational, health,spiritual andrecreational needs of children awaitingtrial and servingcustodial sentences.

Definitions: Services as defined in terms of the relevantActs and which apply to all facilities where sentencedchildren may be detained. The regulations only apply toprisoners with a sentence exceeding 12 months and do notapply to children awaiting trial. However, detainedchildren have a right to services which respond to theirsocial, religious, recreational and psychological needs. Inthe absence of these services, as is often the case, childrenare deprived of their rights to development andprotection. It is recommended that both awaiting trial andsentenced children be monitored.Measures: 1. Proportion of eligible sentenced and awaiting

trial children (disaggregate) who are enrolled in formaleducation.

2. Proportion of eligible sentenced and awaiting trialchildren (disaggregate) (16–18) who are enrolled ineducation and training.

3. Proportion of children who have access to a socialworker or other social services professional during each6-month period of custody and while awaiting trial.

4. Average number of child prisoner–social workerinterviews per annum.

5. Availability of recreational and spiritual guidance in allcustodial facilities (based on registration of secure carefacilities, and reports of the Inspecting Judge).

Sources: DoCS; DoSD.Period: Annual

Type 5 Indicator:Service QualityCapacity of secureand residentialfacilities to holdchildren apart fromadults and tosegregate genders.Reason for use:Regulations requirechildren to be housedseparately fromadults and segregatedby gender.

Definition: Accommodation separate from adults isprovided to children and is provided for boys and girlsand in all facilities in which children may be held prior tothe preliminary hearing, awaiting trial and followingsentence.Measures: 1. Proportion of facilities which have facilities

for male and female children separate from those foradults.

2. Reports of children being held in contravention of theregulations.

Sources: 1. DoSD: from facility registration applicationsand renewals (required every 2 years) in accordancewith regulations of the relevant Acts.

2. Regular facility audits (reports of the OIJ).Period: Every 5 years.

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Indicators for monitoring arrest, including detention, release to appear, and assessment prior to first appearance



Reduce thenumber ofchildren in troublewith the law.

Type 1 Indicator:Child StatusChildren arrested (by offence category).Reason for use:Monitoring ofnumbers of childrenin trouble with thelaw. Monitorcompliance withstandards applicableto arrest procedures.

Definition: Persons under the age of 18 years arrested bythe South African Police Services (SAPS), disaggregated byage (10 years & 11–17 years inclusive) and by offencecategory.Measure: Proportion of persons under the age of 18 yearsrecorded as suspects on Case Administration System(CAS) (child population for the denominator), for eachoffence category.Source: SAPS (CAS)Period: Annual

Limit the child’sexposure to thecriminal justicesystem and usedetention as ameasure of lastresort (CJB).Ensure compliancewith regulationsthat protectchildren in thejustice system.

Type 1 Indicator:Child Status1. Children in

detention in policecells for over 48hours.

2. Children who arearrested but nofurther action istaken.

Reason for use:Monitor compliancewith SAPSregulations (SAP 14).Protect children frompossible harmfollowing arrest.Arbitrary detentionand detentionwithout beingcharged are seriousrights violations.

Definitions: 1. Police release the child into the care ofparents or guardians prior to first appearance.

2. Children who are arrested but no further action is taken(arrested children who are not assessed, do not appear incourt, or appear before a prosecutor) (CJB Chapter 4).

Measures: 1. Proportion of arrested children held incustody for more than 48 hours following arrest. Thenumber of children in detention in a particularjurisdiction should be disaggregated in terms of i) theaverage number of children in detention perweek/month/year, ii) date-specific counts, for example atmonth end or on Mondays, iii) new admissions to policecustody, iv) number of children who have been incustody for less than 48 hours, and v) children incustody for more than one week.

2. Proportion of children who are arrested but no furtheraction is taken.

Source: SAPSPeriod: Annual

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Type 1 Indicator:Child StatusPlacements ofchildren prior to firstcourt appearance.Reason for use:Monitoring ofchildren prior to firstcourt appearance.Children are at riskin custody, andwherever possibleshould be releasedinto the care ofparents or guardians.The CJB makesprovision for this.

Definition: Decision by the police to release the child intothe care of parents or guardians prior to first appearance.Measure: Proportion of arrested children released into thecare of a parent or guardian.Source: SAPSPeriod: Annual

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Promote soundand comprehensiveassessments of allchildren so as toinform judicialdecisions.

Type 5 Indicator:Service QualityChildren are assessedusing a standardassessment systemprior to thepreliminary inquiry.Reason for use: Theassessment process iskey to all the stepsthat follow and is avital component of achild justice process.Monitor utilisationof assessment tool inline with DiversionMinimum Standards.

Definition: The use of a standard national assessment toolby all probation officers, as defined by the DiversionMinimum Standards of the DoSD and the CJB.Measure: Proportion of arrested children assessed usingthe tool.Sources: Not available at present. DoSD; SAPS (CAS) fornumber of arrested children.Period: Annual (once available) Note: At the time of writing the standards had not beenfinalised by the department.

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Type 1 Indicator:Child StatusTimely assessment ofchildren prior to firstcourt appearance.Reason for use:Monitor compliancewith the relevantlegislation. Thedifference betweenthe numbers ofarrested children and the numbersassessed, as well asthe period taken forthe child to beassessed, areindicators of thecapacity of the DoSDto assess the numberof children arrested.

Definition: Each child must be assessed within 48 hoursand prior to first court appearance.Measures: 1. Proportion of arrested children assessed

within 48 hours of arrest;2. Proportion of arrested children assessed after 48 hours

but in under 7 days from date of arrest;3. Proportion of all arrested children assessed prior to first

court appearance.Sources: DoSD; SAPS (CAS) for number of arrestedchildren.Period: Annual

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Type 1 & 4Indicators: ChildStatus and ServiceAccessChildren who at firstappearance have legalrepresentation.Reason for use:Promote the child’sright to supportduring trialproceedings. Monitorprogress in relationto the CJB.

Definition: The child is assigned legal representation atfirst appearance.Measure: Proportion of children at first appearance whohave legal representation.Sources: DoJ; Legal Aid Board.Period: Annual

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Promote children’srights to a speedytrial.

Type 1 & 5 Indicators:Child Status andService Quality1. Average detention

cycle time ofchildren awaitingtrial;

2. Children detainedawaiting trial inexcess of 180 days.

Reason for use: Tomonitor children’saccess to a promptlegal process. Childrenremaining in custodylonger than 6 monthsneed to be identifiedand action needs tobe taken as lengthycustody places thechild at risk for abuse.

Definitions: 1. Average detention cycle time is the averageduration of incarceration from when an accused personis admitted to custody for the first time until that matteris adjudicated.

Measure: Average detention cycle time for persons under18 years for each district and regional court.Source: DoJ (Directorate of Prosecutions biannualreports) – would have to be disaggregated by age.Period: Annual2. Children awaiting trial in prison for a continuous

period of more than 180 days.Measure: Proportion of awaiting trial children held inprison for more than 6 months.Source: DoJ (Directorate of Prosecutions biannualreports)Period: Twice per annum on release of the report toParliament as required in Act 55 of 2004.

Indicators for monitoring children awaiting trial in custody post first court appearance

Ensure thatchildren indetention are heldin conditions thatcomply with theCRC.Ensure thatchildren are held in conditionsappropriate totheir age and incompliance withthe regulations.

Type 1 Indicator:Child Status1. Placements of

awaiting trialchildren.

2. Placements ofsentenced children.

Reason for use:Monitor orders forthe placement ofawaiting trial andsentenced children.Children are at riskin custody, andwherever possibleshould be releasedinto the care ofparents or guardiansand/or diverted.

Definition: Judicial decisions regarding placement ofchildren awaiting trial: awaiting trial children, and thoseawaiting deportation, may be ordered detained in places ofsafety, prisons, secure care facilities, immigration centresand police cells, or released into the care of parents orguardians (in terms of the applicable legislation – CJBSection 16(1)(a)(i)).Measures: 1. Awaiting trial: proportion of awaiting trial

children in each category.Period: Monthly2. Sentenced: proportion of awaiting sentenced children in

each appropriate category.Period: AnnualSources: DoCS; Department of Home Affairs (DoHA);DoSD – Youth Care Centres and other facilities; SAPS.

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Indicators for monitoring the trial



Reduce thenumber ofchildren whosecases go to trialand increase thenumbers ofchildren who arediverted out ofthe justice system.

Type 1 indicator:Child StatusChildren divertedfrom the justicesystem (for eachtype).Reason for use:Monitor the extent towhich diversion isbeing used as analternative to trial byjudicial officers interms of the CJB.

Definition: Children may be diverted out of the justicesystem at the preliminary hearing (and thereafter). A rangeof options for diversion is contained in the CJB.Measures: Proportion of children diverted from the justicesystem stratified by diversion option.Source: DoJ Period: Annual

Indicators for monitoring diversion and diversion programmes

Increase thenumber ofdecisions to divertchildren andreduce the numberin custody.

Type 1 Indicator:Child StatusPreliminary inquiryoutcomes.Reason for use:Wherever possiblechildren should bediverted out of thejustice system. Thisindicator monitorsthe extent to whichthis occurs.

Definition: Preliminary inquiry outcomes include:• Prosecution;• Diversion: arrested children who do not proceed to trial

and who are diverted from the justice system;• Conversion: the matter is converted to a Children’s

Court Inquiry (CCI).Measure: Proportion of children who are prosecuted,diverted or converted to a CCI.Source: DoJPeriod: AnnualNote: Data should also be monitored for children who arediverted prior to appearing at the preliminary inquiry.

Type 1 Indicator:Child StatusAdjudication resultsof court cases.Reason for use:Monitoradjudications totrack court decisionsand the extent towhich diversion isbeing used.

Definition: Outcome of tried cases for each category ofoffence: acquitted, convicted, converted to CCI, diverted.Measure: Proportion of cases acquitted, convicted,converted to CCI and diverted (by offence category).Sources: DoJ; NPA.Period: Annual

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Promote children’saccess to a fair trialthat is in accordancewith due processprinciples outlinedin Article 40 of theCRC, and the SouthAfrican Constitution,as articulated in theCJB.

Type 1 Indicator:Child StatusChildren appearingat trial with legalrepresentation.Reason for use:Monitor children’saccess to legalrepresentation duringtrial proceedings.

Definition: The child is assigned legal representation.Measure: Proportion of children appearing in court with alegal representative.Sources: DoJ; Legal Aid Board.Period: Annual

Indicators for monitoring sentencing and sentenced children

Ensure that thestate makes a rangeof non-custodialoptions available interms of the CRC.

Type 1 Indicator:Child StatusSentencing practicesin the child justicesystem.Reason for use: Tomonitor the use ofcustodial and non-custodial sentencesfor children.

Definition: Sentences imposed by the court stratified by typeof sentence, offence category, sentence length, and conditionsof sentence.Measures: Sentence profile of convicted children:• Proportion of sentenced children sentenced to life

imprisonment;• Proportion of sentenced children receiving prison

sentences of longer than 18 years;• Proportion of sentenced children sentenced to non-

custodial options;• Proportion of children sentenced in terms of minimum

sentences legislation (Criminal Law Amendment Act [No.105 of 1997]).

Sources: DoJ; DoCS based on the following data: newadmissions; specific date count; average number of childrenserving custodial sentences.Period: Annual

Ensure thatchildren are held in conditionsappropriate totheir age and incompliance withrelevant law andregulations.

Type 5 Indicator:Service QualityDetention of childrenin prisons is incompliance with theprovisions of theCSA and otherrelevant legislation.Reason for use:Monitor compliancewith the CSA andregulations, and theCRC.

Definition: Inter alia, the provisions include the following:• Prisons comply with dietary requirements as set out in

the CSA and the regulations;• The right to be held separately from persons over

18 years, for the shortest possible time, and in a mannerappropriate for the child’s age;

• The right to education and other services (see elsewherein this table);

• For complaints to be laid by children against state care;• For notifications sent to parents and the relevant

authorities informing them of the detention of thechild.

Measure: The number of prisons that comply with theabove provisions based on documentary evidence held byeach prison.Source: DoCSPeriod: Every 5 years.

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Ensure adequatecare for children incustody.

Type 5 Indicator:Service QualityStaff–child ratios incustodial facilities.Reason for use:Monitor the qualityof care of children incustody. High staffcare loads undermineservice quality. Poorcare violates thechild’s right to beheld in humaneconditions.

Definition: Guidelines for staff–child ratios wouldnormally be set by the relevant department, and woulddiffer according to type of custodial facility. Ratios shouldbe expressed for each type of custodial facility.Measures: 1. The relevant departments have published

staff–child ratios in place.2. Ratio of children to care workers in each type of

custodial facility (and compliance with norms once theyare in place).

Sources: DoSD; DoCS.Period: Annual

Ensure thatchildren indetention are heldin conditions thatcomply with theCRC, the UNConventionAgainst Torture(UNCAT) andother relevantbodies of law andregulations.Ensure thatchildren are held in conditionsappropriate totheir age.

Type 5 Indicator:Service QualityReferences inUNCAT countryreport to alleged andconfirmed cases oftorture and ill-treatment where thevictims were childrenserving custodialsentences.Reason for use:Monitor compliancewith reportingrequirements ofUNCAT.

Definition: Children noted as victims in the UNCATcountry report.Measure: Number of notations.Source: South Africa country report.Period: Every 5 years.

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Improve theeffectiveness ofdiversionprogrammes andthe reintegration ofchildren who havecome into conflictwith the law interms of the CRCand the CJB.

Type 5 Indicator:Service QualityThe effectiveness ofall services inreintegrating childrenin conflict with thelaw.Reason for use:To monitor theeffectiveness ofcustodial and non-custodial measures(e.g. diversion) forchildren in conflictwith the law anddifferent forms ofdiversion. Re-imprisonment ofoffenders agedbetween 18 and 20 years who havealready served a termof imprisonment for an offencecommitted as a childprovides a fairlyrobust indicator of the level ofreintegration andrehabilitationattained as a result ofa custodial sentence.

Definition: Effective reintegration is defined as:1. A child who does not re-offend within 18 months of

exiting a custodial facility or diversion programme (eachto be measured separately).

2. A youth of 18–20 years who served a custodial sentenceas a child and who has not been re-imprisoned for adifferent offence committed since leaving prison.

Measures: 1. The proportion of children who are releasedfrom each form of sentence or diversion programmewho do not re-offend within 18 months of release.

2. The proportion of persons aged 18–20 years who arenot re-imprisoned and who served a custodial sentencefor an offence committed as a child.

Sources: SAPS; DoJ; Child and Youth Care Administration(CYCA) database (DoSD); DoCS.Period: Audit every 5 years.

Indicators for monitoring reintegration

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Additional indicators Policy goal Indicator and Definition, measure, period and data source

reason for use

Promote thedevelopment ofchild-centredpolicy andlegislation.Ensure children’srights toparticipation.

Type 5 Indicator:Service QualityChildren contributeto the developmentof legislation andpolicy.Reason for use:Ensure the child’sright to participationin decisions affectinghim or her.

Definition: Recorded inputs by children on each newlegislative and policy framework.Measure: Number and scope of inputs.Source: Not available. Will depend on provisions to recordsuch processes.Period: Review periodically following the introduction ofnew law and policy.

Indicators for monitoring the legislative and policy environment and for multiple stages ofthe justice system

Ensure equal accessto services.

Type 4 Indicator:Service AccessDiscriminatorytreatment of childrenin the justice system.Reason for use: Tomonitor fair andequitable treatmentof all children in thejustice system (interms of theConstitution and theCRC).

Definition: Cases reported to Public Protector,Commission on Gender Equality, South African HumanRights Commission, OIJ and any other body resultingfrom alleged discrimination in the criminal justice systemagainst a child.Measure: Number of cases reported and investigated bythese bodies.Sources: The above bodies.Period: Audit every 5 years.

Ensure thatchildren indetention are notheld illegally(compliance withthe CRC).Promote theparticipation ofchildren in thejustice system inevaluating policeand justiceservices.

Type 1 Indicator:Child StatusIllegal detentions ofchildren.Reason for use:Monitor illegaldetention of children.

Definition: Any detention that is found upon review orinspection to be in contravention of any law, includingchildren under the age of 14 years awaiting trial in prisonand police cells.Measure: Number of children illegally detained by theDoSD, SAPS, DoHA or DoCS.Sources: DoSD; SAPS; DoHA (for illegal immigrants);DoCS; other oversight structures.Period: Audit every 5 years.

Indicators for monitoring arrest, including detention, release to appear, and assessment priorto first appearance

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additional indicators for monitoring children in conflict with the law • 517


Type 5 Indicator:Service QualityChildren’s experienceof their treatment bythe police and privatesecurity agents.Reason for use:Monitor the child’sexperience of policetreatment.

Definition & Measure: Children’s satisfaction with thetreatment they received from police and private securityagents during the pre-trial period. Exit polls to bedeveloped in specific studies.Source: NonePeriod: Audit every 5 years.

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Promote supportof parents andguardians forchildren appearingin court (in termsof the CRC).

Type 1 Indicator:Child StatusChildrenaccompanied byparent/guardian atfirst courtappearance.Reason for use: Thepolice must informthe parent/guardianof a child’s arrest andcourt appearance.The absence of aparent/guardian canresult in the childbeing remanded incustody.

Definition & Measure: Child at first appearance isaccompanied by a parent/guardian. To be developed inspecific studies.Source: DoJPeriod: Audit every 5 years.

Promote soundrecord keeping incompliance withthe UN StandardMinimum Rules(UNSMR) for theTreatment ofPrisoners (in Rule7.1 and Rule 7.2),and South Africanregulations.

Type 5 Indicator:Service QualityRecord keeping ofarrests and detentionof children.Reason for use: Poorquality recordkeeping contributesto children ‘gettinglost’ in the system. Tomonitor compliancewith Rule 7.1 of theUNSMR and SouthAfrican regulations.

Definition & Measure: SAPS are obliged to keep recordson all persons in their custody in the SAP 14 form. Rule7.1 states that, ‘In every place where persons areimprisoned there shall be kept a bound registration bookwith numbered pages in which shall be entered in respectof each prisoner received:(a) Information concerning his identity;(b) The reasons for his commitment and the authority

therefore;(c) The day and hour of his admission and release.(2) No person shall be received in an institution without a

valid commitment order of which the details shall havebeen previously entered in the register.’

Source: SAPS (SAP 14 forms)Period: Audit every 5 years.

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Type 5 Indicator:Service QualityJudicial decisions are informed byassessments ofarrested children.Reason for use:Monitor compliancewith the recommen-dations of the CJB.

Definition: Judicial decisions are informed by assessmentreports that include the wishes of children (in terms of theCRC).Measure: Proportion of completed assessments of arrestedchildren that are used to inform judicial decisions.Sources: DoSD; NPA.Period: Every 5 years.

Promote qualityservices to childrenin the justicesystem.

Type 1, 4 & 5Indicators: ChildStatus, Service Accessand Service QualityCases appearingbefore a magistrate atthe preliminaryinquiry.Reason for use:Monitor compliancewith the CJB.

Definition: Magistrates hear all preliminary inquiries.Measure: Proportion of children who are arrested andwho appear before a magistrate at the preliminary inquiry.Source: DoJPeriod: Annual

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Promotecompliance withArticle 37 of theCRC.

Type 5 Indicator:Service Quality1. Use of non-custodial

measures forchildren awaitingtrial.

2. Effectiveness of non-custodial measuresin securing children’sattendance at trial.

3. Children under theage of 14 yearsawaiting trial inprison and policecells.

Reason for use:Detention posessignificant risks for the rights of children,particularly in theawaiting trial orunsentenced phase,and should therefore be avoided as far aspossible. It is importantto monitor theeffectiveness of non-custodial measures forpolicy monitoringpurposes.

Definition & Measures: Range and utilisation of non-custodial means to secure attendance of suspect at trialwith regard to:• Proportion of arrested children released into care of

parents (CRC 37.1(b));• Proportion of arrested children released on bail (CRC

37.1(b)) and bail amounts for children (CRC 40.2(b));• Proportion of arrested children placed under house

arrest (CRC 37.1(b));• Proportion of arrested children placed under Section

62(f) of the CSA (CRC 37.1(b));• Children under the age of 14 years awaiting trial in

prison and police cells.Source: DoJ Period: Annual

Indicators for monitoring children awaiting trial in custody post first court appearance

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Type 5 Indicator:Service QualityRecommendationsfor diversion inassessments areaccepted by theprosecution service.Reason for use: Tomonitor changes inprosecutor practicein respect ofdiversionrecommendations.

Definition: Cases recommended through assessment fordiversion which are accepted by the prosecution as suitableto be diverted.Measure: Proportion of cases recommended throughassessment for diversion that are accepted by theprosecution service.Sources: None at present. Developed for specific studies.DoSD; NPA.Period: Audit every 5 years.

Indicators for monitoring diversion and diversion programmes

Ensure fair andequal treatment ofall children in thejustice system andequal access todiversionopportunities.

Type 4 Indicator:Service AccessEquity in thediversion system.Reason for use:Ensure that diversionis accessible to allarrested childrenwithoutdiscrimination.

Definition: Diverted children should reflect the populationof arrested children (gender and population group) in thesame offence category.Measure: Profile of diverted cases disaggregated bypopulation group and gender for each offence category.Sources: DoSD; NPA.Period: Audit every 5 years.

Type 4 Indicator:Service AccessGeographicalaccessibility and typeof diversion services.Reason for use:Monitor theavailability ofdiversion services ineach jurisdiction.

Definition: Diversion services are defined by the CJB andDiversion Minimum Standards (of the DoSD).Measure: Types of service available in each magisterialdistrict.Sources: DoJ; NPA; the National Institute for CrimePrevention and the Reintegration of Offenders.Period: Audit every 5 years.

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Promote effectivediversion servicesthat comply withstandards andwithin whichchildren complywith the order andcomplete theprogramme.

Type 1 Indicator:Child StatusCompliance ofchildren withdiversion conditions.Reason for use:Monitor effectivenessof diversionprogrammes as wellas the suitability ofthe match betweenthe child and theprogramme.

Definition & Measure: Children who do not comply arethose who violate their diversion conditions as set by theprosecutor.Sources: None at present. Developed for specific studies.DoSD; NPA.Period: Audit every 5 years.

Type 5 Indicator:Service QualityCompliance withDiversion MinimumStandards in terms of service providers’requirements andprogrammeoutcomes.Reason for use: Tomonitor the qualityand improvement ofdiversion services.

Definition: Level of compliance with the DiversionMinimum Standards as defined by the DoSD.Measure: Proportion of diversion service providers whomeet all the minimum standards.Source: None at present. Awaiting finalisation of thestandards by the DoSD.Period: At application for and renewal of accreditation.

Promotion of a fairjudicial processthat promotes theparticipation of thechild and is inaccordance withdue process.

Type 5 Indicator:Service QualityDecisions overturneddue to non-compliance.Reason for use: Tomonitor compliancewith provisions asrequired by the SouthAfrican Constitutionas outlined in Section35(3)(a)–(o), 4 and 5.

Definition: Compliance with provisions as required by theConstitution.Measure: Proportion of decisions and judgementsoverturned as a result of non-compliance.Sources: Constitutional Court; Supreme Court of Appeal;Supreme Court.Period: Every 5 years.

Indicators for monitoring the trial

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Roll out effectivechild-friendlycourts in thejustice system asprovided for invarious bodies oflaw andregulations.

Type 4 & 5Indicators: ServiceAccess and ServiceQuality Child-friendly courtsin place.Reason for use:Availability of thesefacilities’ services islikely to improve thequality of childtestimony, reduce the trauma of courtappearance, andimprove theconviction rate.To monitorcompliance withregulations and toassess progress intransformation of thejustice system.

Definition: The child’s identity is protected during legalproceedings through provision of in-camera hearings; thetrial is accessible to the child through the provision ofinterpreters and through legal aid.Measures: 1. Proportion of children receiving requested

interpretation services.2. Proportion of children who receive legal representation.3. Proportion of children whose hearings are held in

camera.Source: DoJPeriod: Service quality audit every 5 years.

Promotecompliance of thejustice system withArticle 40 of theCRC and relevantSouth Africanprovisions.Reduceprosecutions ofchildren within therebuttable agemargins.

Type 1 Indicator:Child StatusChildren prosecutedin the rebuttable agemargins.Reason for use:Monitorprosecutions ofchildren in this agegroup where there isthe risk that theymay not havecriminal capacity.

Definition: The rebuttable margin covers children agedbetween 10 and 14 years and carries a rebuttablepresumption of lack of criminal capacity for the period.Measure: Proportion of prosecutions of children wherechildren are aged between 10 and 14 years.Sources: NPA; DoJ.Period: Service quality audit every 5 years.Fr

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Ensure thatchildren indetention are heldin conditions thatcomply witharticles 37 and 40of the CRC.Ensure thatchildren are held inconditionsappropriate totheir age and incompliance withregulations.

Type 1 Indicator:Child StatusNumber of childrenheld in solitaryconfinement.Reason for use:Isolation is a cruelform of punishmentand can bepsychologicallydamaging to childrenin custody when usedfor excessive periods.The Child Care ActRegulations specifythat children mayonly be isolated whenthey are a danger toself or others for aperiod not exceeding2 hours.

Definition: Children serving custodial sentences who areheld in solitary confinement for longer than 2 hours asreported to the OIJ.Measure: Number of sentenced children held in solitaryconfinement in prisons.Source: Reports of the Inspecting JudgePeriod: Annual

Indicators for monitoring sentencing and sentenced children

Type 5 Indicator:Service QualityParents/guardians areinformed of detentionand transfers.Reason for use: Tomonitor compliancewith the CSA.

Definition: Notification to parent/guardian from DoCSregarding detention and/or transfer of a child.Measure: Number of notifications sent to relevantauthorities by the commissioner informing them of thedetention and/or transfer of a child.Source: DoCSPeriod: Service quality audit every 5 years.

Increase the use ofnon-custodialsentences and theuse of the reviewprocess in terms of Chapter 30 ofthe CriminalProcedure Act.

Type 5 Indicator:Service QualityCustodial sentencesoverturned uponreview.Reason for use: Theresults of this reviewmechanism need tobe monitored, as wellas its consequencesfor children.

Definition: Custodial sentences that are converted to non-custodial sentences upon review or appeal. This appliesparticularly to children under 16 where the CJB willrequire that all receiving sentences of imprisonment willbe subject to automatic review before a judge of the highcourt.Measure: Proportion of custodial sentences converted tonon-custodial sentences in children under 16 and 16–17(inclusive).Sources: DoJ; law reports.Period: Every 5 years.

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Only use custodialsentences for firstoffenders if noother option ispossible.Reduce theproportion ofchildren servingfull sentences.

Type 1 Indicator:Child StatusFirst-time offendersreceiving custodialsentences.Reason for use:Monitor applicationof Beijing Rule 17cand the CRC.

Definition: Children with no prior convictions sentencedto serve a custodial sentence.Measure: Proportion of first-time offenders receiving acustodial sentence.Source: DoJPeriod: Every 5 years.

Custodial sentencesshould be for theshortest possibleperiod.

Type 1 Indicator:Child StatusChildren serving fullsentences in custody.Reason for use:Custody placeschildren at risk in anumber of ways, andwherever possiblechildren should notbe required to serve a full sentence.

Definition: Children who serve their full sentence inprisons and are not released on parole or correctionalsupervision.Measure: Proportion of children serving their full sentencein custody.Source: DoCSPeriod: Every 5 years.

Type 1 Indicator:Child StatusChildren releasedearly onparole/correctionalsupervision.Reason for use:Children should beheld in custody for as short a time aspossible.

Definition: Children who are released on parole orcorrectional supervision to complete the remainder oftheir sentence outside of prison.Measure: Proportion of children not serving their fullsentences in prison.Source: DoCSPeriod: Every 5 years.

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Promote children’saccess toeducational andsocial serviceswhile in custodyduring all phasesof the justiceprocess. Ensure thechild’s right toeducation anddevelopment whilein custody (CRCand Constitution).

Type 1 Indicator:Child StatusEducationalqualificationattainment ofchildren in custody.Reason for use:Measure of success of educationalprogrammes forchildren in detention.

Definition: Children who receive an educationalqualification while in custody.Measure: Proportion of children in custody who attendeducation programmes and who graduate with acertificate.Sources: DoCS; DoSD; Department of Education.Period: Every 5 years.

Improvereintegration and reduce re-offending bychildren.

Type 1 Indicator:Child StatusCompliance ofchildren with non-custodial sentencingoptions.Reason for use: Tomonitor compliancewith such measures.

Definition: The child fails to comply with the sentence andis returned to court.Measure: Proportion of children in non-custodial sentenceoptions who do not comply.Sources: DoCS; DoJ; NPA.Period: Every 5 years.

Indicators for monitoring reintegration

Type 5 Indicator:Service QualityChild criminal recordexpungements.Reason for use:Expungements aresubject to theoffender not beingconvicted of a furtheroffence and providean indication of re-conviction rates.

Definition: Criminal record expungements effected interms of the legislation.Measure: The number of expungements executed by theSA Criminal Bureau and the director-general of the DoSDin terms of Section 82(5) and Section 82(6) of the CJBrespectively per year.Sources: SA Criminal Bureau; DoSD.Period: Annual

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Documents

Indicators For Monitoring Children In Conflict With The Law