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You searched for subject:(Section 28 ). Showing records 1 – 3 of 3 total matches.

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University of KwaZulu-Natal

1. Caluza, Londiwe Gugulethu Precious. The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre.

Degree: 2018, University of KwaZulu-Natal

When South Africa saw the dawn of democracy in 1994, the newly elected government faced the challenge of making the country inclusive for all, including children. The government thus had the task of ensuring the protection of all South African children, irrespective of their race, gender, socio-economic class and geographic location. Two of the ways in which they sought to address this was by reserving section 28 of the Constitution of the Republic of South Africa exclusively for children and by making amendments to the Children’s Act 74 of 1983 to align it to the ideals of the democratic state. Some of the amendments made are found in section 110 of the Child Care Act of 2005. The section provides guidelines and procedures of how a child rape case should be attended to by the relevant stakeholders such as social workers. The purpose of this research therefore, was to explore the reporting and evaluation of child rape cases by social workers in light of the procedures stated in section 110 of the Child Care Act of 2005. The research question came about after the increased reports of child rape in the media irrespective of the amendments to the Child Care Act of 2005 and the formulation of the National Register of Sexual Offenders. The study investigated the role of social workers as advocates for children and their participation in child rape cases. The aim of this research was to evaluate if the procedures of reporting are effective in ensuring that children who are victims of rape receive justice. The study focused on the reporting of cases of children aged 0 to 7 years old. The research was conducted in a medico-legal centre in Durban, Phoenix which is a one-stop centre for victims of sexual and physical abuse. The research design utilised in this study was the evaluation research design. The methodology used was the qualitative research method and the method of analysis was thematic data analysis. From the findings of the study it was established that the working relationship between different stakeholders sometimes had a negative impact on the reporting process. The idleness of certain individuals in the reporting process jeopardises the chances of a successful conviction against the perpetrator. The scarcity of resources and workspace also impacted on the reporting process and also put the victims in jeopardy of experiencing secondary victimisation. Lastly, the skills of certain stakeholders was questionable since working with children is a specialised field which needs individuals with a high level of skills and competency. In conclusion, it was recommended that the training of stakeholders in their field of work must include how to question and gather evidence in a victim-friendly manner. Policies must be in place to test the competency and skills of the stakeholders that work within the centre. The availability of resources and workspace also needed to be addressed in order to address work efficiency and lower the chances of secondary victimisation. Advisors/Committee Members: Steyn, Jéan. (advisor), Mkhize, Sazelo Michael. (advisor).

Subjects/Keywords: Child rape.; Section 28.; Children.; Child Care Act.

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APA (6th Edition):

Caluza, L. G. P. (2018). The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre. (Thesis). University of KwaZulu-Natal. Retrieved from https://researchspace.ukzn.ac.za/handle/10413/18540

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Caluza, Londiwe Gugulethu Precious. “The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre.” 2018. Thesis, University of KwaZulu-Natal. Accessed January 25, 2021. https://researchspace.ukzn.ac.za/handle/10413/18540.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Caluza, Londiwe Gugulethu Precious. “The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre.” 2018. Web. 25 Jan 2021.

Vancouver:

Caluza LGP. The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre. [Internet] [Thesis]. University of KwaZulu-Natal; 2018. [cited 2021 Jan 25]. Available from: https://researchspace.ukzn.ac.za/handle/10413/18540.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Caluza LGP. The exploration of the reporting and evaluation of child rape cases by social workers in Usizo Centre. [Thesis]. University of KwaZulu-Natal; 2018. Available from: https://researchspace.ukzn.ac.za/handle/10413/18540

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation


University of Cambridge

2. Henderson, Hayden. An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act.

Degree: PhD, University of Cambridge

This series of studies was the first to evaluate the effects of the Section 28 pilot study on the treatment of vulnerable child witnesses in English Crown Courts. Section 28 of the Youth Justice and Criminal Evidence Act implemented mandatory Ground Rules Hearings, during which the judge, lawyers, and intermediary (if applicable) discussed appropriate accommodations to be made for child witnesses, following which the cross-examination could be pre-recorded. Analyses examined 43 cases that implemented the special measures (‘Section 28’ cases) and 44 cases that did not implement the special measures (‘Non-Section 28’ cases) that took place between 2012 and 2016. Analyses revealed that children in the Section 28 cases experienced less systemic delay than their counterparts. In addition, the trial preparation in the Section 28 cases was more thorough and this was associated with less risky questioning in the cross-examinations. However, younger children experienced longer delays and had fewer accommodations made for them than older children, regardless of condition. Additional analyses demonstrated that the forensic interviews replaced the evidence-in-chief in most cases almost entirely, with prosecutors asking few substantive questions. In the Section 28 cases, defense lawyers used fewer suggestive questions and asked less complex questions than Non-Section 28 defense lawyers. However, both types of lawyers still predominantly asked option-posing questions. Regardless of condition, defense lawyers asked fewer suggestive questions than their counterparts in other common-law countries and they asked younger children less complex questions. Results indicate that, although the Section 28 pilot study has not fixed all of the existing problems, it has significantly reduced systemic delay and improved the treatment of child witnesses in Crown Courts and thus should be rolled out nationally. As well, regardless of condition, English lawyers and judges seem receptive to recent special measures and appear to be effectively implementing them.

Subjects/Keywords: children; cross-examination; Section 28; special measures; intermediary; questioning

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Henderson, H. (n.d.). An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act. (Doctoral Dissertation). University of Cambridge. Retrieved from https://www.repository.cam.ac.uk/handle/1810/290213

Note: this citation may be lacking information needed for this citation format:
No year of publication.

Chicago Manual of Style (16th Edition):

Henderson, Hayden. “An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act.” Doctoral Dissertation, University of Cambridge. Accessed January 25, 2021. https://www.repository.cam.ac.uk/handle/1810/290213.

Note: this citation may be lacking information needed for this citation format:
No year of publication.

MLA Handbook (7th Edition):

Henderson, Hayden. “An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act.” Web. 25 Jan 2021.

Note: this citation may be lacking information needed for this citation format:
No year of publication.

Vancouver:

Henderson H. An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act. [Internet] [Doctoral dissertation]. University of Cambridge; [cited 2021 Jan 25]. Available from: https://www.repository.cam.ac.uk/handle/1810/290213.

Note: this citation may be lacking information needed for this citation format:
No year of publication.

Council of Science Editors:

Henderson H. An Evaluation of English Crown Courts with and without Special Measures Implemented in Section 28 of the Youth Justice and Criminal Evidence Act. [Doctoral Dissertation]. University of Cambridge; Available from: https://www.repository.cam.ac.uk/handle/1810/290213

Note: this citation may be lacking information needed for this citation format:
No year of publication.

3. Henderson, Hayden. An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act.

Degree: PhD, 2019, University of Cambridge

This series of studies was the first to evaluate the effects of the Section 28 pilot study on the treatment of vulnerable child witnesses in English Crown Courts. Section 28 of the Youth Justice and Criminal Evidence Act implemented mandatory Ground Rules Hearings, during which the judge, lawyers, and intermediary (if applicable) discussed appropriate accommodations to be made for child witnesses, following which the cross-examination could be pre-recorded. Analyses examined 43 cases that implemented the special measures ('Section 28' cases) and 44 cases that did not implement the special measures ('Non-Section 28' cases) that took place between 2012 and 2016. Analyses revealed that children in the Section 28 cases experienced less systemic delay than their counterparts. In addition, the trial preparation in the Section 28 cases was more thorough and this was associated with less risky questioning in the cross-examinations. However, younger children experienced longer delays and had fewer accommodations made for them than older children, regardless of condition. Additional analyses demonstrated that the forensic interviews replaced the evidence-in-chief in most cases almost entirely, with prosecutors asking few substantive questions. In the Section 28 cases, defense lawyers used fewer suggestive questions and asked less complex questions than Non-Section 28 defense lawyers. However, both types of lawyers still predominantly asked option-posing questions. Regardless of condition, defense lawyers asked fewer suggestive questions than their counterparts in other common-law countries and they asked younger children less complex questions. Results indicate that, although the Section 28 pilot study has not fixed all of the existing problems, it has significantly reduced systemic delay and improved the treatment of child witnesses in Crown Courts and thus should be rolled out nationally. As well, regardless of condition, English lawyers and judges seem receptive to recent special measures and appear to be effectively implementing them.

Subjects/Keywords: children; cross-examination; Section 28; special measures; intermediary; questioning

…notably including Section 28, which permitted video-recorded evidence to replace the cross… …examination, although Section 28 was not implemented. However, from 2014 to 2016, the Section 28… …study constitutes the first independent and detailed evaluation of the Section 28 pilot study… …trials. The Section 28 Pilot Study The Section 28 pilot study aimed to address two of the… …current psychological research and Best Practice guidelines, culminating in the Section 28 pilot… 

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Henderson, H. (2019). An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act. (Doctoral Dissertation). University of Cambridge. Retrieved from https://doi.org/10.17863/CAM.37440 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.767938

Chicago Manual of Style (16th Edition):

Henderson, Hayden. “An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act.” 2019. Doctoral Dissertation, University of Cambridge. Accessed January 25, 2021. https://doi.org/10.17863/CAM.37440 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.767938.

MLA Handbook (7th Edition):

Henderson, Hayden. “An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act.” 2019. Web. 25 Jan 2021.

Vancouver:

Henderson H. An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act. [Internet] [Doctoral dissertation]. University of Cambridge; 2019. [cited 2021 Jan 25]. Available from: https://doi.org/10.17863/CAM.37440 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.767938.

Council of Science Editors:

Henderson H. An evaluation of English Crown Courts with and without special measures implemented in Section 28 of the Youth Justice and Criminal Evidence Act. [Doctoral Dissertation]. University of Cambridge; 2019. Available from: https://doi.org/10.17863/CAM.37440 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.767938

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