- Showing 2 posts filed under: Practice [–], Juvenile [–] published between Jul 01, 2010 and Jul 31, 2010 [Show all]
Request for assistance regarding a South African case
from Ann Skelton:
Mike Batley and I are currently working on a Constitutional Court case in South Africa in which we are arguing that the civil justice system has not kept pace with developments in the criminal justice system to encourage more restorative justice approaches.
The case in point is a civil claim for damages for defamation of character by a school teacher against school pupils who manufactured a naughty (but funny from an adolescent perspective) picture of him by pasting his head on the body of a gay wrestler. The picture was on the school notice board for 30 minutes, and some children in the school also received the image via their cell phones.
The children were punished in school (5 detentions + honours colours taken away), were charged criminally and were diverted (they completed 56 hours of community service at the zoo), they attempted to apologise, and have now been successfully sued through the civil justice system to pay damages. They now appeal to the Constitutional Court. Their main arguments have to do with Freedom of expression and 'jest' as a defence, but the Restorative Justice Centre is entering as amicus curiae to make various points about restorative justice.
Vandals repair damage they did
from the article in NewsWales.co.uk:
Last November a group of young people caused criminal damage to the Rhydyfelin Children’s Centre in Holly Street, Rhydyfelin, by smashing windows and lights, removing a gas meter cover, and spraying graffiti.
Following a successful police investigation five local boys aged 9 to 13 were identified by CCTV and traced.
After admitting to what they had done, and at the request of the centre manager, a restorative justice meeting was held with the police, the centre, the boys and their parents. It was agreed that the boys would carry out work at the centre as recompense for their actions.