PRL5902 Assignment 3 Semester 2 2026 – Due 15 October 2026

Description

PRL5902 ASSESSMENT 3 2026
DUE 15 OCTOBER 2026

QUESTION 1
(a) Can the children be held criminally liable? Discuss the criminal capacity of each
of the four children in a paragraph and refer to the relevant authority in your
answer.

(a) Criminal capacity of the four children
Under the Child Justice Act 75 of 2008 (as amended by the Child Justice Amendment Act
28 of 2019, effective 19 August 2022), criminal capacity is governed by section 7. A child
under the age of 12 years has no criminal capacity and cannot be prosecuted; such a
child must be dealt with outside the criminal justice system in terms of section 9 (referral
to a probation officer and possible children’s court intervention). A child who is 12 years or
older but under 14 years is presumed to lack criminal capacity unless the State proves
beyond reasonable doubt that the child had the capacity to appreciate the difference