The development of a juvenile sentencing jurisprudence in the absence of legislation

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dc.contributor.authorParker, Gadijaen_ZA
dc.date.accessioned2014-07-30T18:00:17Z
dc.date.available2014-07-30T18:00:17Z
dc.date.issued2014-07-30
dc.description.abstractThe South African Law Commission Project Committee submitted a report and draft Bill to Parliament on 8 August 2000 addressing the creation of a juvenile justice system.i Parliament has to date failed to implement legislation regulating juvenile justice in South Africa thereby failing to create a distinct juvenile justice system. The purpose of this paper is to consider the extent to which the judiciary has been developing juvenile justice practises in light of the fact that legislation regulating juvenile justice is practically non-existent. The development of the law by the judiciary is not unique to juvenile justice. However, it is worthwhile discussing the judiciaries' involvement in the development of juvenile justice in light of challenges faced by the judiciary while developing this area of law. The challenging task faced by the judiciary involves developing juvenile justice practices which satisfies Constitutional and international principles while also adhering to the needs of the society. In South Africa, the Criminal Procedure Act, 51 of 1977 governs children and adults who are accused of having committed a crime. Separate legislation governing children justice has to date not been implemented by Parliament. It is also interesting to note how in light of the inequalities of the past and the absence of legislation pertaining specifically to children, the judiciary grapples with giving effect to Constitutional and International principles such as the best interest of the child, the principle of last resort and the principle of proportionality, while still trying to give effect to the needs of the victim and society. i J Sloth-Nielsen 'Justice for children as victims and as offenders' in CJ Davel (ed) Introduction to child law in South Africa (2000) 392en_ZA
dc.identifier.apacitationParker, G. (2014). <i>The development of a juvenile sentencing jurisprudence in the absence of legislation</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Criminology. Retrieved from http://hdl.handle.net/11427/4454en_ZA
dc.identifier.chicagocitationParker, Gadija. <i>"The development of a juvenile sentencing jurisprudence in the absence of legislation."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Criminology, 2014. http://hdl.handle.net/11427/4454en_ZA
dc.identifier.citationParker, G. 2014-07-30. The development of a juvenile sentencing jurisprudence in the absence of legislation. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Parker, Gadija AB - The South African Law Commission Project Committee submitted a report and draft Bill to Parliament on 8 August 2000 addressing the creation of a juvenile justice system.i Parliament has to date failed to implement legislation regulating juvenile justice in South Africa thereby failing to create a distinct juvenile justice system. The purpose of this paper is to consider the extent to which the judiciary has been developing juvenile justice practises in light of the fact that legislation regulating juvenile justice is practically non-existent. The development of the law by the judiciary is not unique to juvenile justice. However, it is worthwhile discussing the judiciaries' involvement in the development of juvenile justice in light of challenges faced by the judiciary while developing this area of law. The challenging task faced by the judiciary involves developing juvenile justice practices which satisfies Constitutional and international principles while also adhering to the needs of the society. In South Africa, the Criminal Procedure Act, 51 of 1977 governs children and adults who are accused of having committed a crime. Separate legislation governing children justice has to date not been implemented by Parliament. It is also interesting to note how in light of the inequalities of the past and the absence of legislation pertaining specifically to children, the judiciary grapples with giving effect to Constitutional and International principles such as the best interest of the child, the principle of last resort and the principle of proportionality, while still trying to give effect to the needs of the victim and society. i J Sloth-Nielsen 'Justice for children as victims and as offenders' in CJ Davel (ed) Introduction to child law in South Africa (2000) 392 DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The development of a juvenile sentencing jurisprudence in the absence of legislation TI - The development of a juvenile sentencing jurisprudence in the absence of legislation UR - http://hdl.handle.net/11427/4454 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4454
dc.identifier.vancouvercitationParker G. The development of a juvenile sentencing jurisprudence in the absence of legislation. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Criminology, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4454en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentInstitute of Criminologyen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe development of a juvenile sentencing jurisprudence in the absence of legislationen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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