In the application of this Act, the following guiding principles must be taken into account:
| (a) |
All consequences arising from the commission of an offence by a child should be proportionate to the circumstances of the child, the nature of the offence and the interests of society. |
| (b) |
A child must not be treated more severely than an adult would have been treated in the same circumstances. |
| (c) |
Every child should, as far as possible, be given an opportunity to participate in any proceedings, particularly the informal and inquisitorial proceedings in terms of this Act, where decisions affecting him or her might be taken. |
| (d) |
Every child should be addressed in a manner appropriate to his or her age and intellectual development and should be spoken to and be allowed to speak in his or her language of choice, through an interpreter, if necessary. |
| (e) |
Every child should be treated in a manner which takes into account his or her cultural values and beliefs. |
| (f) |
All procedures in terms of this Act should be conducted and completed without unreasonable delay. |
| (g) |
Parents, appropriate persons and guardians should be able to assist children in proceedings in terms of this Act and, wherever possible, participate in decisions affecting them. |
| (h) |
A child lacking in family support or educational or employment opportunities must have equal access to available services and every effort should be made to ensure that children receive similar treatment when having committed similar offences. |
| (i) |
The rights and obligations of children contained in international and regional instruments, with particular reference to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. |
Older Persons Act, 2006
