GEORGE NEWS - The amended Child Justice Act has raised the age at which a child who commits a criminal offence can be prosecuted, from 10 to 12. 

The Act, which was signed by President Cyril Ramaphosa on 5 June, will only be operational once regulations, directives, and guidelines have been developed and finalised by the various departments involved.

Whereas the age at which children are deemed to not have an appreciation of his or her action previously was 10, this has now been increased to 12.In addition, unless the State can prove beyond a reasonable doubt that a child between the ages of 12 and 14 who commits an offence has capacity, that child cannot be prosecuted either, but will be referred for possible intervention.

"It also repeals the requirement to prove criminal capacity for the purpose of diversion and preliminary inquiries," Ramaphosa said on 5 June. "This legislative change arises from a recommendation from the Review of the Minimum Age of Criminal Capacity that the minimum age of criminal capacity should be increased from 10 years to 12 years."

Factors that the State will have to consider when prosecuting young persons for a crime include:

• The educational level, cognitive ability, domestic and environmental circumstances, age and maturity of the child;

• The nature and seriousness of the alleged offence;

• The impact of the alleged offence on any victim;

• The interests of the community; a probation officer's assessment report;

• The prospects of establishing criminal capacity.

'We bring you the latest George, Garden Route news'