The right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective
Abstract
The right of a child offender to participate effectively in criminal
proceedings is a fundamental aspect of a right to a fair trial and
is guaranteed in the Constitution of the Republic of South Africa,
1996 as well as in international instruments, including the United
Nations Convention on the Rights of the Child. An argument is
made that ensuring that this right is fully realised at domestic
level, allowances should be made for child offenders to be
included in the provisions of section170A of the Criminal
Procedure Act 51 of 1977. Section 170A makes allowances for
the use of an intermediary by witnesses and victims when
presenting testimony in criminal proceedings. It is argued that
the principle of the best interest of the child as well as other rights
such as the right to dignity and equality enshrined in the
Constitution and guaranteed in international instruments
warrants the inclusion of child offenders in the enabling
legislation. An interpretation and implementation of Section
170A of the Criminal Procedure Act in line with the Constitution
and international instruments that give recognition to the child
offender's vulnerability and enforce the best interests of the child
offender are accordingly advocated.
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- PER: 2021 Volume 24 [71]