14
overriding message of the international instruments as well as of the
Constitution is that child offenders should not be deprived of their liberty
except as a measure of last resort and, where incarceration must occur,
the sentence must be individualised with the emphasis on preparing the
child offender from the moment of entering into the detention facility for
his or her return to society.
[20] In sentencing a young offender, the presiding officer must be
guided in the decision-making process by certain principles: including
the principle of proportionality; the best interests of the child; and, the
least possible restrictive deprivation of the child's liberty, which should
be a measure of last resort and restricted to the shortest possible period
of time.
Adherence to recognised international law principles, must
entail a limitation on certain forms of sentencing such as a ban on life
imprisonment without parole for child offenders.
[21] The Project Committee of the South African Law Commission on
Juvenile Justice (Project 106) has since 1997 produced an issue
paper,16 a discussion paper,17 and, finally a report18 and a Bill on juvenile
justice which was released on 8 August 2000.19 The Child Justice Bill,
which was introduced in Parliament on 3 August 2002 and debated
16
South African Law Commission Issue Paper Number 9 (1996).
Discussion Paper Number 79 (1998).
18
Report on Juvenile Justice (2000).
19
Sloth-Nielson op cit Law, Democracy and Development at 72.
17
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