Costing the Child Justice Bill

1. Costing the Child Justice Bill Presentation to the Justice Portfolio Committee

2. Costing during policy development

3. Why cost the Child Justice Bill? • Costing policy is ‘good practice’ • Section 35 of the PFMA • a bill affecting provinces must be accompanied by a memorandum setting out the financial implications for provinces • Enable Cabinet and Parliament to take informed decisions on the Bill • Mobilise finances in the MTEF process • Co-ordinate planning among departments to ensure effective implementation • Get each department ready to run with the Bill.

4. Department’s involved in the Child Justice System • National Sphere of Government • Justice • Social Development • Safety and Security • Correctional Services • Education • Provincial Sphere of Government • 9 provincial departments of Social Development • 9 provincial departments of Education

5. The Child Justice System proposed in the Bill Stage One Stage Two Stage Three Stage Four Stage Five Stage Six Stage Seven Stage Eight Pre- Waiting period Waiting Waiting Waiting Waiting Serving Appeal / Police Preliminary Sentence Period Period Period period Sentencing sentence Review Action Assessment Inquiry Trial Phase Care of Parent Supervision Care of Parent Care of Parent Care of Parent Supervision Care of Parent Supervision Detention Detention Detention Detention Detention Police cell Police cell Place of Safety Places of Safety Places of Safety Secure Care Place of Safety Secure Care Secure Care Prison Prison Secure Care Prison Prison Flow of children through the System Non - residential Release Release Release Release Release Level 1 CCI CCI CCI Level 2 Diversion Diversion Level 3 Level 1 Level 1 Corr. Supervision Level 2 Level 2 Level 3 Level 3 Residential Prison Reform school Note: CCI = Child Court Inquiry

6. Child arrests by province (1999 - 2005)

7. Initial cost-effectiveness analysis • Showed the proposed system would be more cost-effective than existing system • Highlighted areas that needed to be redrafted to reduce costs • Showed the importance of the preliminary enquiry, diversion and alternative sentencing • Concluded that: If more time and money is spent in the early stages ofthe system, namely on assessment, the preliminary inquiry and diversion, then costs related to trials, detention and incarceration will be reduced.

8. Technical Advisor Social Development Nineprovincial depts of Social Development Intersectoral Committee for Child Justice Justice & NPA SAPS Correctional Services Education Initial planning meeting Information sessions Initial two-day workshop Co-ordination meetings Gathering information Developing Spreadsheet Models FinalisingBudget & Implementation Plan Sign-off of plans and budgets by AO Presenting MTEF Budgets to Treasury Planning and budgeting process Dept. of Justice Child Justice Project

9. Implementation Planning • Developing capacity • setting the trajectory to achieve the objective • Ensuring effective monitoring • Focussing on areas of maximum impact • metropolitan areas • One-Stop Child Justice Centres • court jurisdictions • Priorities in sequencing implementation • police providing transport • probation officers assessing children within 48 hours • functioning of the preliminary inquiries • provision of diversion and alternative sentences • provision of alternatives to awaiting trial imprisonment

10. Overall MTEF budgets The current budget already allocates funds to departments for the expansion of programmes that are in line with the direction of the Child Justice Bill

11. Overall Benefits • Introducing of new Child Justice System will: • reduce the pressure on the criminal justice system • enable the courts to deal with existing backlogs • deliver a more efficient and effective service both to children and the rest of society The new child justice system proposed by theChild Justice Billwill enable the Government to increase efficiency,as well as ensure greater effectiveness