Understanding the differences
The justice system serves to uphold law and order, protect society, and rehabilitate offenders. While these goals apply to both adults and children (“juveniles”), the approach to achieving them differs significantly. The juvenile justice system and the adult criminal justice system have distinct philosophies, procedures, and outcomes, although both adults and children have the same basic constitutional rights. In this article, we will delve into these differences to better understand how each system operates in South Africa.
Underlying philosophy
The primary difference between the two systems lies in their underlying philosophy. The adult criminal justice system focuses on punishment and deterrence, while the juvenile justice system is based on the principles of rehabilitation and prevention. The aim of the juvenile system is to intervene in early life stages to prevent minors from becoming habitual offenders in adulthood.
Age of offenders
The most obvious distinction is the age of the individuals each system deals with. The juvenile justice system typically handles cases involving individuals under the age of 18, and the adult criminal justice system deals with those aged 18 and over. However, in some exceptional circumstances, a minor can be tried as an adult based on the severity of the crime.
Legal proceedings
The legal proceedings differ significantly between the two systems. In the adult criminal justice system, the process is adversarial, with a formal trial and public access to proceedings. Conversely, the juvenile justice system tends to be more informal and protective, often holding hearings behind closed doors and prioritising the minor’s privacy.
A child 14 years and older charged with a Schedule 1 or 2 offence or a child 14 years or older but under 16 years, and charged with a Schedule 3 offence, may only be sent to prison to await trial if there are substantial and compelling reasons to do so.
Sentencing and punishment
In the adult criminal justice system, sentences are often punitive, involving jail time, fines, or community service. However, the juvenile justice system emphasises rehabilitative measures. Instead of the normal prosecutorial processes, children may be ordered to attend programmes to address their criminal conduct. Examples of “diversions” include an oral or written apology by the child, counselling or therapy, educational programmes, community service, or paying compensation to the victim. In some cases, confinement in a child and youth care centre may be indicated. But confinement should be used as a last resort and only for the shortest appropriate period. Unfortunately, the lack of rehabilitation programmes outside of prisons is believed to contribute to an increase in juvenile crime. These programmes are not easily accessible to youngsters who live in smaller towns and rural areas.
The Child Justice Act emphasises rehabilitating children arrested while between the ages of 10 and 18. Children 14 and older are legally defined as having full criminal capacity and are therefore considered responsible for their actions. Police may not arrest children aged 10 and under.
Record sealing and expungement
Another key difference between the adult and the juvenile justice systems lies in the handling of criminal records. Adult criminal records are usually public and permanent, barring a successful expungement. In contrast, juvenile records are often sealed or expunged automatically once the individual reaches adulthood, if they are for a Schedule 1 or 2 offence, provided they have met certain conditions. A child’s criminal record can be removed after five years from the date of conviction for Schedule 1 offences and after 10 years for Schedule 2 offences.
If you need help
While these differences highlight the distinct approaches of the two systems, it’s important to remember that both aim to administer justice fairly and effectively. If you or a loved one are embroiled in a legal matter, whether in the adult criminal justice system or the juvenile justice system, it’s crucial to seek professional legal advice.
At SD Law, we are committed to protecting the rights of our clients and guiding them through the complexities of the legal process. If you or a family member are facing criminal charges, give Simon a call on 086 099 5146 or email simon@sdlaw.co.za.
Further reading:
- Why do you need a criminal defence attorney?
- Choosing a criminal defence attorney
- Criminal record expungement
- Criminal conviction – the unseen impact
Please note: This article is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a qualified legal professional if you need legal assistance.