Juvenile Offenders in Alberton: Defence Under the Child Justice Act and What Happens After Arrest

Children accused of offences in Alberton are processed under the Child Justice Act 75 of 2008, with age-based criminal-capacity rules, an assessment, a preliminary inquiry and diversion considered before trial. Burger Huyser Attorneys’ Alberton branch accepts juvenile criminal-defence instructions from 28 Nelson Mandela Avenue, Randhart.

Why the Child Justice Act Matters for an Alberton Arrest

The Act creates a child-specific system that favours restorative and diversionary measures where lawful and appropriate. It requires officials to consider the child’s circumstances, family participation, accountability, the victim’s interests and the child’s best interests from arrest through sentencing.

The Child Justice Amendment Act 28 of 2019, in operation since 19 August 2022, raised the minimum age of criminal capacity to 12. A child below 12 may not be arrested, charged or prosecuted. A child aged 12 but under 14 is presumed to lack criminal capacity unless the State proves beyond reasonable doubt that the child could appreciate the wrongfulness of the conduct and act accordingly. Children aged 14 to under 18 are treated as having capacity but retain the Act’s protections.

What Happens After a Minor Is Arrested in Alberton

1. Rights and notification: SAPS must explain the allegation and section 35 constitutional rights, including the rights to remain silent and consult a legal practitioner, and notify a parent, guardian or appropriate person.
2. Court appearance: A detained child must appear as soon as reasonably possible and within the constitutional 48-hour limit, subject to the first-court-day rule when that period ends outside court hours.
3. Assessment and preliminary inquiry: The inquiry considers the probation assessment, criminal capacity where relevant, release or detention, the evidence threshold and whether diversion is suitable.
4. Diversion: A qualifying child may receive a caution, family conference, victim-offender mediation, supervised community service, school-attendance condition or therapeutic programme.
5. Formal proceedings: If diversion is unavailable or unsuitable, the case proceeds to a designated Child Justice Court. A matter beyond lower-court jurisdiction may be allocated to the Gauteng Division of the High Court.

Early advice helps the family avoid uninformed statements or decisions that affect release, diversion or trial. Burger Huyser’s criminal-law team includes Clinton Shaw and Abrie van der Merwe, as confirmed in the firm’s service brief.

The Section 9 Assessment: A Distinct Juvenile-Justice Feature

For a child below 12, section 9 provides the route outside criminal prosecution: SAPS must hand the child to a parent, guardian, appropriate person or suitable child-and-youth-care setting and notify a probation officer. The assessment may lead to counselling, an accredited programme, support services or referral to a children’s court; it does not imply criminal liability.

For an older child, the assessment helps the preliminary inquiry understand age, family circumstances, schooling, prior system contact and apparent capacity. A defence attorney should ensure it is complete and identify a workable diversion plan. Care-and-protection concerns may instead be referred under the Children’s Act 38 of 2005.

The Local Court Layer: Where Juvenile Matters in Alberton Are Heard

Age-Based Criminal Capacity: The Rule That Can Decide the Outcome

Age at alleged offence	Legal position	Practical effect
Below 12	No criminal capacity; no arrest, charge or prosecution.	Section 9 assessment and possible Children’s Act referral.
12 to under 14	Presumed to lack capacity; the State must prove it beyond reasonable doubt.	The defence scrutinises evidence of understanding and self-control.
14 to under 18	Treated as having capacity, subject to Child Justice Act protections.	Diversion, the inquiry and child-specific sentencing remain relevant.

Proof of age, such as a birth certificate or identity document, can determine the applicable process and must be provided promptly.

Diversion: The Default Direction Under the Child Justice Act

Diversion holds a child accountable without a conviction where the statutory requirements are met. The child generally acknowledges responsibility, and the intervention must be suitable, proportionate and protective of the victim and community. Successful completion records no conviction; non-compliance can return the matter to court.

The offence schedules must be read correctly. Schedule 1 contains less serious offences for which prosecutor-level diversion may be available before a preliminary inquiry. Schedule 2 and 3 matters are more serious and can require a fuller inquiry and stricter safeguards. The charge and facts determine whether diversion remains legally possible.

What Happens to a Juvenile Conviction Over Time

In the current consolidated Act, expungement is governed by section 87, not section 79. Certain convictions and diversion records may be expunged after the prescribed period, automatically or through an application to the Director-General of the Department of Justice and Constitutional Development, depending on the offence and sentence.

A qualifying sexual-offence conviction may also have National Register for Sex Offenders consequences. The register is confidential, but employers working with children or mentally disabled people may check it. Advice should therefore address the charge, plea, diversion, sentence and long-term record together.

What to Look for When Choosing a Defence Lawyer for a Juvenile Matter

• Knowledge of criminal capacity, section 9 assessments, preliminary inquiries, diversion and child-specific sentencing.
• Ability to confirm the Palm Ridge/Ekurhuleni venue and designated Child Justice Court sitting.
• A family-inclusive approach with clear explanations and no promised outcome.
• Active engagement at the assessment stage rather than treating it as a formality.
• Genuine after-hours arrest support and transparent, stage-based fees.

Burger Huyser’s Alberton branch brings these considerations into the firm’s broader criminal-defence service. Families may also ask Legal Aid South Africa about representation if they cannot afford private fees.

Practical Considerations: Cost, Timeline and What to Bring

Issue	Practical guidance
Cost	Work may be billed by stage, including police-station attendance, inquiry, diversion, bail or trial. Burger Huyser quotes after reviewing the matter.
Timeline	The 48-hour rule applies to a detained child’s first appearance. Diversion may take weeks or months; a defended trial may take several months or longer.
Documents	Bring the child’s ID or birth certificate, SAPS case number, charge sheet or summons, guardian’s ID, school details and information about prior probation or child-protection contact.
Custody	Ask the attorney to confirm the holding location, access arrangements and next court date directly with SAPS or the court.
Legal Aid	Legal Aid South Africa may represent a child in a qualifying case; raise affordability immediately.

For a juvenile arrest in Alberton, contact Burger Huyser Attorneys on 011 439 3990 or 061 515 4699 after hours. The branch is at 28 Nelson Mandela Avenue, Randhart, Alberton, 1449, open Monday to Friday, 7:30am–4:30pm. For out-of-hours arrests and Schedule 6 matters, call 069 522 7696. The firm has a 4.8/5 average across 250+ Google reviews, Trustindex verified as “Top Rated Law Firm in South Africa”, and received the Best Criminal & Family Law Specialists 2025 award at the MEA Business Awards.

Frequently Asked Questions

What happens if my child is arrested in Alberton?

The child is processed under the Child Justice Act 75 of 2008. If detained, the child must appear within the applicable 48-hour limit, a parent or appropriate person must be notified, and the child has rights to remain silent and consult a legal practitioner. Call 069 522 7696 or 061 515 4699 for arrest assistance.

Can my child under 12 be arrested or convicted?

No. A child below 12 has no criminal capacity and may not be arrested, charged or prosecuted. The child is dealt with through a section 9 assessment and, where appropriate, the Children’s Act care-and-protection system.

Can my child be diverted instead of going to court?

Often, yes. Diversion must be considered where the statutory requirements are met. Options include cautions, family conferencing, mediation, supervised community service and therapeutic programmes. Successful completion does not produce a conviction.

Where is the Burger Huyser Alberton branch, and what are the hours?

The branch is at 28 Nelson Mandela Avenue, Randhart, Alberton, 1449. Call 011 439 3990. It is open Monday to Friday from 7:30am to 4:30pm, with an after-hours mobile line on 061 515 4699. The dedicated after-hours arrest and bail line is 069 522 7696.

Will my child’s matter leave a criminal record?

Not necessarily. Successful diversion does not produce a conviction. Certain convictions and diversion records may qualify for expungement under section 87 of the current consolidated Child Justice Act, depending on the offence, sentence and prescribed period.

Will the firm attend the police station after my child is arrested?

Yes. Police-station attendance is part of the criminal-defence service described for this matter. The attorney can advise the child and family, protect constitutional rights, engage with the investigating officer where appropriate and prepare for the preliminary inquiry.