Child arrest is one of the most upsetting issues we face as a nation. Despite the increase in social awareness, crime is still on the rise and juvenile crime has become increasingly more complicated and its offenders are younger. Gun violence is now not only in urban areas but also in rural areas. Drug and alcohol abuse amongst adolescents has reached epidemic height.

What causes this behavior?

According to Joseph Wickliffe (2000) the behavior patterns of youngsters are influenced in part by what goes on in the environment in which they live. Every stage of development has changes. Family members, friends, and peers all influence these times of change for the youngsters. It is sometimes accompanied by a desire for material things, fashion, peer pressure, cash and more. At times, the demands of wants and needs are strengthen by a society that consists of high mobility, social change, and is materialistic.

Furthermore, children do understand that lying, stealing, cheating, and hurting others are wrong, but how old would a child have to be to know that these actions are morally wrong? The age at which a child reaches this stage of reasoning varies according to how the body develops, how s/he is raised, and how those around the child act.

Children sometimes learn to reason by observing the actions of their role models. However, there is no guarantee. At times, children follow their own minds.

Nevertheless, society, the community, the family, the government and the parents need to work together to understand these youngsters and take action against juvenile crime. The parents should also know the law procedures in case the child got arrested.

In every matter concerning the child, the child's interests are important. If your child got arrested for committing crime, you should be aware of what to expect and where to get advice. Detaining a child should be considered as a last resort.

Which steps to follow if your child got arrested?

• If your child is arrested for a criminal offence and they are under 17 years old, the police must tell you as soon as possible, after that you must contact the probation officer at the Department of Social Development, a social worker, the public prosecutor at the magistrate office, the Legal Aid Board or the nearest One Stop Child Justice Centre immediately.
• The police should not interview your child until you are present, unless a delay would mean an immediate risk of harm to someone or serious loss of, or damage to, property. In such cases the police have to ensure that an independent 'appropriate adult' is present to make sure your child is treated fairly.
• Make a sworn statement or declare under oath what had happened. The police officer, attorney, social worker or prosecutor will help you to make this affidavit.
• If appropriate, the official responsible for the case will follow steps to ensure that the child is diverted from the mainstream criminal justice system.
• The child can either be released into the care of his or her parent(s) or caregiver(s) or put in a secure care facility or place of safety until the hearing takes place. In very serious cases, the child may be placed In a prison in a special children's section while awaiting trial.

Free Legal advice

Lawyers South Africa offers a free online advices on a wide range of issues. You can visit Lawyers South Africa website.

Other sources of legal assistance
You can also approach the Legal Aid Bureau, the Legal Resources Centre, or your nearest university law faculty.

Sources:

• Direct.gov
• Services.gov
• Helium.com
• HRW.org
• Yale.org

Last Update: 06 April 2011

by Zanele Matshotyana