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CMY2604Past
Paper
Q&A
Compiled
by:
Kayleigh
John
Based
on
2015
semester
1
and
2
assignments
OCT/NOV
2014
MAY/JUN
2014
OCT/NOV
2013
MAY/JUN
2013
,
1. When
can
a
magistrate
dispense
with
an
assessment
at
the
preliminary
hearing
a. If
it
is
in
the
best
interest
of
the
child
to
do
so
2. The
Child
Justice
Act
prescribes
that
a
preliminary
enquiry
must
take
place
after
the
child’s
arrest.
Assessment
of
the
child
must
also
take
place
during
this
timeframe,
which
is…
a. 48
hours
3. It
is
very
important
that
the
assessment
of
the
child
is
done
thoroughly
and
that
it
needs
to
cover
various
aspects.
Which
one
of
the
aspects
below
is
NOT
one
of
the
aspects
that
are
dealt
with
during
the
child’s
assessment
a. Determine
which
sentence
will
be
in
the
best
interest
of
the
child
4. What
does
the
United
Nations
Convention
on
the
Rights
of
the
Child
say
about
juvenile
justice
a. Accused
children
have
the
right
to
legal
help
and
fair
treatment
in
a
legal
system
that
respects
their
rights
5. What,
in
terms
of
approach,
is
the
main
difference
between
the
UNCRC
and
the
ACRWC
a. The
UNCRC
has
a
more
individualized
approach
in
contrast
to
the
ACRWC’s
collective
approach
6. In
terms
of
juvenile
justice,
the
article
dealing
with…
is
the
most
important
article
of
the
ACRWC
a. Legal
administrative
protection
7. There
are
still
some
people
who
are
of
the
opinion
that
corporal
punishment
is
an
effective
method
of
dealing
with
juvenile
offenders.
Why
was
corporal
punishment
abolished
in
South
Africa
a. It
is
considered
to
be
a
cruel
and
inhumane
punishment
8. Does
the
Constitution
of
South
Africa
specifically
cover
issues
relating
to
children
a. Yes,
section
28
of
the
Constitution
provides
us
with
a
list
of
rights
specifically
for
children
9. It
is
at
times
very
difficult
to
make
decisions
where
children
are
involved.
The
constitution
does
provide
some
guidance
in
that
it
specifically
states
that
a
child’s
…
is
of
paramount
importance
in
every
matter
that
has
to
do
with
a
child
a. Best
interest
,10. Luke,
aged
15,
is
arrested
after
the
brutal
rape
and
murder
of
his
14-‐year
old
girlfriend.
He
was
only
11
when
he
was
arrested
for
the
first
time,
and
has
committed
several
crimes
between
then
and
now.
Are
you
allowed
by
law
to
send
Luke
to
prison?
a. Yes,
it
is
a
measure
of
last
resort
11. Every
legislative
approach
to
deal
with
children
should
aim
to
promote
a. The
wellbeing
of
the
child
12. What
is
the
main
aim
of
the
Child
Justice
Act
a. To
establish
a
separate
criminal
justice
system
for
children
n
conflict
with
the
law
13. Which
methods,
according
to
Gallinetti,
are
used
by
the
Child
Justice
Act
to
prevent
crime
and
promote
a
safer
society
a. Diversion,
alternative
sentencing
and
restorative
justice
14. What
is
meant
by
the
criminal
capacity
of
a
child
a. The
age
at
which
a
child
can
be
held
accountable
for
a
crime
15. During
the
colonial
period,
punishment
was
harsh
and
severe.
What
was
the
most
common
punishment
during
this
period?
a. Corporal
punishment
and
deportation
16. One
of
the
oldest
legal
codes
known
to
mankind
can
be
traced
back
to
2270BC
and
is
known
as
the
a. Code
of
Hammurabi
17. Nico
is
25
years
of
age.
He
is
arrested
for
a
crime
that
he
committed
when
he
was
16
years
of
age.
Is
the
child
justice
act
applicable
to
Nico?
a. No,
the
Act
is
not
intended
for
people
older
than
21
18. Cauffman
and
Steinberg
believe
that
risk
taking
is
a
byproduct
of
the
interaction
between
a. Cognitive
and
psychological
factors
19. Andrew
is
a
9-‐year-‐old
boy.
His
parents
are
both
working
and
Andrew
is
often
left
without
supervision
after
school.
One
afternoon,
Andrew
invited
a
girl
into
his
house.
He
tied
her
hands
and
sexually
assaulted
her.
Is
the
Child
Justice
Act
applicable
to
Andrew?
a. Yes,
the
Act
makes
provision
to
deal
with
him
20. Is
South
Africa
a
party
to
the
ACRWC?
a. Yes,
the
ACRWC
is
in
force
in
South
Africa
21. Jeffery
is
9
years
old
and
arrested
by
sergeant
X
after
being
part
of
a
brutal
gang
rape
where
he
and
his
friends
took
turns
to
rape
the
victim.
Does
sergeant
X
have
the
authority
to
arrest
Jeffery
in
terms
of
the
Child
Justice
Act
, a. No,
he
has
no
authority
because
Jeffery
is
under
the
age
of
10
22. When
assessing
a
child
to
ascertain
his
risk
for
repeat
criminal
behavior,
which
one
of
the
following
factors
will
be
the
most
important
to
take
into
consideration
a. Compulsivity
of
behavior
23. Sergeant
Y
caught
the
9-‐year-‐old
Amy
after
stealing
make-‐up
from
Edgars.
He
wanted
to
let
her
parents
know
but
cannot
get
hold
of
them.
What
should
sergeant
Y
do
with
Amy
in
terms
of
the
Child
Justice
Act
a. Hand
her
to
a
suitable
youth
and
child
care
center
24. Sergeant
Y
succeeds
in
contacting
Amy’s
(9)
parents.
What
does
the
Child
Justice
Act
prescribe
him
to
do
next
a. Inform
a
probation
officer
about
the
child
25. During
the
industrial
revolution,
homeless
children
were
on
the
increase
and
a
care
facility
for
children
was
established.
a. House
of
Refuge
26. The
continuous
strive
by
activists
for
South
African
children’s
rights
for
an
integrated
and
coordinated
way
to
deal
with
children
in
conflict
with
the
law,
led
to
the
adoption
of
the
a. Child
Justice
Act
27. A
theory
of
justice
that
focuses
on
repairing
the
harm
that
was
done
by
the
criminal
act
to
the
victim
and
the
community
and
that
stresses
that
the
offender
must
contribute
to
the
repair,
refers
to
a. Restorative
justice
28. When
did
the
Child
Justice
Act
come
into
operation
a. 1
April
2010
29. Which
methods
are
used
by
the
Child
Justice
Act
to
prevent
crime
and
to
promote
a
safer
society
a. Diversion,
alternative
sentencing,
restorative
justice
30. A
person
is
considered
a
child
in
terms
of
the
Child
Justice
Act
when
the
person
is
under
the
age
of
a. 18
31. What
is
the
minimum
age
of
criminal
capacity
in
terms
of
the
Child
Justice
Act
a. 10
years
32. Nico
is
20
years
and
11
months
of
age.
He
is
arrested
for
raping
his
girlfriend
when
he
was
16.
Is
the
Child
Justice
Act
applicable
on
Nico
a. Yes,
it
is
applicable
if
Nico
is
younger
than
21
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