Data on children in prison
Prepared by Prof J Sloth Nielsen
for
The Portfolio Committee on Justice
and Constitutional Development
Statistical data from the last 5
years: sentenced children under
14 yrs
Year
Age
sentence
Offence ctgry
2000
7
n/a
n/a
2002
7
n/a
n/a
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)
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)
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
Statistical data from the last 5 years:
sentenced children under 14 yrs
Year
Age=11
Offence ctgry/ sentence
1998
5 children
1999
0
2000
1 child
n/a
2001
1
n/a
2002
0
n/a
NB: two girls, one in 1998 (Northern Cape) and one in
2001(Limpopo)
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
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
Statistical data from the last 5 years:
sentenced children under 14 yrs
Year
Age of 12
sentence
1998
2 children
n/a
1999
aggressive
6 children
2000
0
n/a for 5. 1 = 2-3 years,
2001
7
n/a for 6. 1= 0-6
months for reckless/negligent driving
2002
3
housebreaking
n/a for 2. 1= 2-3
Children aged 12 and under
sentenced to prison, 1998-2003
Total no of children aged 12 sentenced to prison, 19982003 : 18 children
Total no of children aged 7-11 sentenced to prison, 19982003: 16 children
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)
Sentenced children aged 13 years
1998-2003
Year
no
1998
0
1999
8
2000
17
2001
4
2002
9
2003
2
TOTAL: 40
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 West:1
Mpumalanga: 3
Free State: 5
Gauteng: 7
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
Sentenced children aged 13:
sentences and offences
Offences (n=14, 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
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
Total:
74
308
• 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