The following questions will provide clarity on some of the legal terms you will encounter throughout this WiseUp Newsletter.

 

Question: Can a child be held accountable for a criminal offence?

Answer: > When thinking about criminal offences against children (such as assault or sexual abuse), one usually thinks about an adult being the perpetrator.

>     With bullying in schools becoming more relevant, it is clear that children can also be perpetrators.

>     Recent changes to the Child Justice Act 75 of 2008 now provide that any child under the age of 12 years (used to be ten years) does not have criminal capacity. This means that the law assumes that a child under the age of 12 years does not have the ability to understand that an action can be considered as a crime, but still chooses to commit the crime.

>     This does not mean that the child will not face any consequences for his/her actions. If a child under the age of 12 years commits a crime, s/he will still be subject to an assessment of his/her actions and may be referred to counselling or therapy as a consequence.

>     This change also means that a child under the age of 12 years cannot be arrested.

 

Question: What can happen if you fail to report a sexual offence that you are aware of?

Answer: > A person who knows about or has a reasonable suspicion of a sexual offence committed against someone that forms part of a vulnerable group (such as a child) and fails to report it can be charged with a criminal offence.

>     If found guilty, the person can be given a sentence of up to five years in prison and/or a fine.

 

Question: Is it a criminal offence to not stop after causing an accident?

Answer: > There is a legal duty on a driver of a vehicle involved in an accident to immediately stop and report the accident.

>     Unfortunately, not all drivers stop and that is when reference is made to the so-called “hit and run accident”.

>     The National Road Traffic Act 93 of 1996 makes it a criminal offence not to stop in such instances.

>     This means that if the person who drove off after causing an accident is traced, criminal charges may be laid against him/her.

>     If found guilty, that person can be sentenced to up to nine years in prison (if the accident caused injury or death to a person), three years in prison (if there was only damage to the other person's vehicle) and/or a fine.

 

Question: Can one claim for damage to a vehicle from the Road Accident Fund?

Answer: > The Road Accident Fund (“RAF”) does not cover any damages caused to a motor vehicle.

>     The RAF covers bodily injuries to victims of a motor vehicle accident, for example, past and future income and earning capacity, medical and hospital costs, loss of earnings and support and so on.

 

Did you know…The law provides that a child under the age of 12 years does not have criminal capacity.