A historical account of the key moments in South Africa to sentencing children under the age of 18 convicted of crimes

Abstract

Punishment of crimes is as old as society itself. In South Africa, punishment of children continues to raise complex historical debates. For example, corporal punishment has long been abolished, but with the increase on crimes committed by children, there is a perception that it had a deterrent effect. It is important to trace key moments of the history of sentencing children. Key moments refer not to the whole history of sentencing practice but rather relate to developments that have an impact on sentencing of children.

Tracing history of sentencing must promote an understanding of sentencing of children at present and the near future. As far back as the 1950s to the 1960s until the present, courts sentencing decisions have grappled with the age factor in an attempt not to treat children under the age of 18 as adults. This article seeks to contribute to an understanding of the past and present sentencing practices in order to promote balanced sentencing decisions.