n South African Journal of Criminal Justice - The requirements for criminal capacity in section 11(1) of the new Child Justice Act, 2008 : a step in the wrong direction? : comment

Volume 24, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



On 1 April 2010, the long-anticipated Child Justice Act 75 of 2008 ('the Act'), came into effect. Amongst other things, the Act raises the age below which children are irrebuttably presumed to lack criminal capacity from seven to ten years, prescribes the requirements for proving criminal capacity in children aged ten years and over but under fourteen years and provides for a number of procedural steps and mechanisms aimed at diverting children in this age group, as well as other child offenders, away from the formal criminal justice system to a less formal and more age-appropriate system of correction.

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