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Child Justice Act, 2008 (Act No. 75 of 2008)

Chapter 10 : Sentencing

Part 1 : General

69. Objectives of sentencing and factors to be considered

 

(1) In addition to any other considerations relating to sentencing, the objectives of sentencing in terms of this Act are to—
(a) encourage the child to understand the implications of and be accountable for the harm caused;
(b) promote an individualised response which strikes a balance between the circumstances of the child, the nature of the offence and the interests of society;
(c) promote the reintegration of the child into the family and community;
(d) ensure that any necessary supervision, guidance, treatment or services which form part of the sentence assist the child in the process of reintegration; and
(e) use imprisonment only as a measure of last resort and only for the shortest appropriate period of time.

 

(2) In order to promote the objectives of sentencing referred to in subsection (1) and to encourage a restorative justice approach, sentences may be used in combination.

 

(3) When considering the imposition of a sentence involving compulsory residence in a child and youth care centre in terms of section 76, which provides a programme referred to in section 191(2)(j) of the Children's Act, a child justice court must, in addition to the factors referred to in subsection (4) relating to imprisonment, consider the following:
(a) Whether the offence is of such a serious nature that it indicates that the child has a tendency towards harmful activities;
(b) whether the harm caused by the offence indicates that a residential sentence is appropriate;
(c) the extent to which the harm caused by the offence can be apportioned to the culpability of the child in causing or risking the harm; and
(d) whether the child is in need of a particular service provided at a child and youth care centre.

 

(4) When considering the imposition of a sentence involving imprisonment in terms of section 77, the child justice court must take the following factors into account:
(a) The seriousness of the offence, with due regard to—
(i) the amount of harm done or risked through the offence; and
(ii) the culpability of the child in causing or risking the harm;
(b) the protection of the community;
(c) the severity of the impact of the offence on the victim;
(d) the previous failure of the child to respond to non-residential alternatives, if applicable; and
(e) the desirability of keeping the child out of prison.