Data on children in prison

1
Data on children in prison

• Prepared by Prof J Sloth Nielsen
• for
• The Portfolio Committee on Justice and
  Constitutional Development

2
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age Offence ctgry sentence 2000 7 n/
a n/a 2002 7 n/a n/a
3
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age Offence ctgry sentence 1998 8 N/A
n/a 2001 8 Economic (housebreaking 6-12
months theft, parole break)
4
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age Offence ctgry sentence 2001
9 aggressive (malicious 0-6 mths damage to
property)
5
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age Offence ctgry sentence 1999 10 n
/a n/a 2000 10 n/a n/a 2000 10 economic 0-6
mths (housebreaking) 2001 10 n/a n/a
6
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age11 Offence ctgry/ sentence 1998 5
children n/a 1999 0 2000 1 child n/a
2001 1 n/a 2002 0 NB two girls, one in 1998
(Northern Cape) and one in 2001(Limpopo)
7
Summary sentenced children under 12 years
1998-2003
Age No in five years 7 2 8 2 9 1 10
4 11 7 Total 16
8
Comparison awaiting trial children under 12 in
prisons 1998-2003
Age no of children Offence 7 1 n/a 8 4
n/a 9 2 H/breaking, n/a 10 13 12 n/a, 1
murder 11 16 12 n/a, malicious damage to
property, 2 x h/breaking, 1 escape/attempted
escape total 36
9
Statistical data from the last 5 years sentenced
children under 14 yrs
Year Age of 12 sentence 1998 2 children
n/a 1999 6 children n/a for 5. 1 2-3
years, aggressive 2000 0 2001 7 n/a for 6.
1 0-6 months for reckless/negligent
driving 2002 3 n/a for 2. 1 2-3 housebreaking
10
Children aged 12 and under sentenced to prison,
1998-2003
Total no of children aged 12 sentenced to prison,
1998-2003 18 children Total no of children
aged 7-11 sentenced to prison, 1998-2003 16
children
11
Children awaiting trial in prison 1998-2003
Total number of children aged 12 awaiting trial
in prison 1998-2003 89 (Free State 15,
Mpumalanga 0) Total number of children aged
7-11 awaiting trial in prison 1998-2003
36 (Limpopo 0. Mpumalanga 0)
12
Sentenced children aged 13 years 1998-2003
Year no 1998 0 1999 8 2000 17 2001 4
2002 9 2003 2 TOTAL 40
13
Sentenced children aged 13 years 1998-2003
Provincial figures for sentenced 13 year
olds Eastern Cape 7 KZN 10 Western Cape
3 Limpopo 0 Northern Cape 4 North
West1 Mpumalanga 3 Free State 5 Gauteng 7
14
Sentenced children aged 13 sentences and offences
14 sentence details available (out of 40
children) Sentences 0-6 months (4) 6-12
months (3) 2-3 yrs (5) 5-7
yrs (1) 10-15 years (1) Total 14
15
Sentenced children aged 13 sentences and offences
Offences (n14, but some have multiple
convictions) Housebreaking 7 Theft (w/o
housebreaking charges) 1 Robbery 2 (one
sentenced to 0-6 months) Public Violence
1 Parole break/ Failure to attend court
4 Assault gbh 2 Sexual offences 0
16
Summary children under 14 years, 1998-2003
Children sentenced Awaiting trial Age 7,8,9 5
6 10 4 13 11 7 16 12 18 89 13 40 184 T
otal 74 308
17

• over 4 times more children under 14 years spend
  time in prison awaiting trial than serving a
  sentence
• all pre-trial detention in prisons of these
  children aged under 14 years are currently
  unlawful, and constitute wrongful detention
• the data provides strong evidence supporting
  raising the minimum age of criminal
  responsibility
• the comparison between the figures of children
  awaiting trial and sentenced children shows that
  where convictions are recorded, alternative
  sentences to imprisonment are employed in the
  majority of cases