Abstract

SCHOEMAN, Marelize Isabel. Determining the age of criminal capacity: Acting in the best interest of children in conflict with the law. SA crime q. [online]. 2016, n.57, pp.35-42. ISSN 2413-3108.  http://dx.doi.org/10.17159/2413-3108/2016/v0n57a39.

Section 8 of the Child Justice Act determines that the minister of justice and constitutional development must submit a report to Parliament no later than five years after the operationalisation of the act to review the minimum age of criminal capacity. With that in mind, this article aims to explore if current procedural mechanisms used to assess the criminal capacity of children in conflict with the law are in their best interest. This article will examine criminal capacity procedural mechanisms that could hamper the best interests of children in conflict with the law.

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