What to expect when a minor is arrested
JOBURG – The criminal justice process for minors accused of being involved in criminal activities.
Sophiatown Police Station recently arrested a minor after they were found with an adult and items that were identified as stolen.
Although at the time of the arrest the suspects both stated they were over the age of 18, it was later discovered that one of the suspects was a minor.
The procedure of arresting a minor is quite different from arresting an adult and police shared what should happen if someone under the age of 18 has been identified as a suspect and apprehended.
When a minor is suspected to have committed a crime or found at the crime scene, they will be formally and officially arrested by a member of the relevant police station but cannot be handcuffed.
According to the Child Justice Act 75 of 2008, under no circumstances can an arrested minor be transported in a marked police vehicle or be kept in a cell with other prisoners.
Once the minor has arrived at the police station, they will be placed in a private office where their parents or guardians will be traced and informed of the allegations against the minor.
The minor will be released from the station after the completion of police documents and other relevant issues will be discussed.
The parents/guardian will be responsible for the minor and it will be their responsibility to make sure that the minor attends all court proceedings.
In the event that the minor does not have parents or a legal guardian, they will be transported to a juvenile centre, the closest one in Johannesburg being the Walter Sisulu Child and Youth Care Centre in Noordgesig.
A probation officer will become responsible for the minor during the court process es until they have been concluded.