Statistics Act, 1999
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 10 : SentencingPart 1 : General69. 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. |
