chance to reform. Lastly, the Act allows the court to “discharge the offender with a cautionor reprimand.”84 This should be used to deal with juveniles, especially where they commit minor offences. One challenge that has been realized from the workshops is that the courts sometimes do not consider the age of the juvenile at the time the offence was committed in sentencing but focus more at the time of conviction and sentence. 3.5. CHILDREN'S ACT Efforts are currently underway to align the Children’s Act to the Constitution. Section 2 defines the child as a person under the age of 16 years and a young person is defined as a person who has attained the age of 16 years but not attained the age of 18 years. This is in variance of the Constitution which define a child as anyone below the age of 18 years of age85 and current efforts to realign the Act should include the Constitutional definition of a child. The Act provides for two ways in which a Children's Court can be established. Firstly, the Minister of Justice may establish a Children's Court after consulting the Minister responsible for the administration of the Act. Secondly, every magistrate's court shall be a Children's Court. 86 The Minister of Justice shall designate a magistrate to preside over a Children's Court he would have established. 87 The Minister has not established any Children's Court hence Magistrates Courts are serving, as they should, as Children's Courts. The Court may sit with assessors or any two persons who have, in the Court's opinion, experience in any matter which may arise for decision at any sitting, inquiry or hearing. 88 This Court shall have a probation officer appointed by the Minister responsible for the administration of the Act in consultation with the Minister of Justice who shall be responsible for “safeguarding the interest of any child or young person brought to this court and be present during all the proceedings.” 89 The Act also provides that every Public Prosecutor “shall ex officio be a children's court assistant of any children's court held within that province.” The office of the children's court assistant shall be a public office and his duties are to adduce any available evidence relevant to the proceedings, cross-examine any witness giving evidence during the proceedings whom he had not called and generally assist the Children's Court in performing its functions. 90 The challenge is that these noble provisions are not being used. The Minister responsible for the administration of the Act has not appointed any probation officer which is a clear breach of a mandatory statutory obligation. A probation officer's report is a special requirement for the court but this is not being produced due to, inter alia, lack of resources. This is not in the best interests of the child. There are no juveniles who are being referred from the criminal courts to the Children's Court for them to be dealt with in terms of the Children's Act. The Public Prosecutors have therefore not encountered any situations where they were called upon to act as the children's court assistants. The Children's Court is not bound by any rules relating to criminal or civil proceedings. The presiding officer determines and adopts the manner of proceedings which seems to be best fitted to do substantial justice except in situations provided for by the Act.91The use of the procedure would advantage juveniles if they are referred to the Children's Court. The Court can promote the best interests of the juvenile. 84 Section 358 of the CPEA Section 81 (1) of the constitution 86 Section 3 of the Children`s Act 87 Section 4(1) of the Children`s Act 88 Section 4(2) of the Children’s Act 89 Section 4(2a) of the Children`s Act 90 Section 4(8) of the Children’s Act 91 Section 5(1) of the Children’s Act 85 20