The CPE Act further provides that a child below the age of 16 years may be assisted by his or her natural or legal guardian in conducting their defence.21 The court can also permit another person to assist any person who is charged with a criminal offence in their defence.22This provision can be used to allow a child above the age of 16 years to be assisted by any other person, including his or her natural or legal guardian. The CPE Act prohibits the publication of the name, address, school, place of occupation or any information that is likely to reveal the identity of any person under the age of 18 years who is being tried or has been tried in court except with the consent of a Magistrate, Judge or Minister. That consent can be given where it is considered just and equitable and in the public interest to have such publication.23This protects the right to privacy of children in conflict with the law. The child should have his or her privacy respected from arrest until the final decision is made by the court. This is to avoid harm being caused to a child by undue publicity or by the process of labelling. It is desirable that all hearings of cases involving children should be conducted behind closed doors with the exception of the presence of experts or other professionals with a special permission of the court. When it comes to sentencing, the sentencing options should be suitable for the child. A juvenile offender has a right not to be detained except as a measure of last resort.24 If detained, the child should be detained for the shortest appropriate period, should be separated from adult offenders and should be treated in a manner and kept in conditions that take into account the child’s age. Section 63 of the Prison Act provides that insofar as the prison accommodation renders it practicable, young prisoners shall be kept apart from other prisoners.25The challenge is that in many prisons there are no separate juvenile sections hence children are kept together with other prisoners. This poses a danger to children who may be hardened by adult offenders. Mixing juvenile offenders with adult offenders affects the children's behaviour. By virtue of being young, children tend to imitate what they hear or see. The children are also likely to experience violence or abuse at the hands of adult prisoners. It is therefore encouraged that alternative measures which promote rehabilitation and reintegration are employed. As for the sentencing options, children in conflict with the law should be given sentences appropriate to their well-being and proportionate both to their circumstances and the offence. The aim is to promote the best interests of the child as well as their rehabilitation and reintegration into society. In S v Mavasa HH 13-10 per Makarau JP, the High Court stated that it is wrong to sentence juvenile offenders as if one is dealing with an adult offender. Courts were admonished to be slow to expose a convicted juvenile to the same rigours of punishment that it would impose on an adult.26 The CPE Act provides for special provisions relating to the punishment of children in conflict with the law from Sections 351 to 353. Section 351 of the CPEA provides that a court which has convicted a person under the age of 19 years may, instead of imposing punishment or imprisonment for that offence, order that the person be taken before a Children’s Court and be dealt with in terms of the Children’s Act or, after ascertaining with the Minister responsible for social welfare that accommodation is available, that the person be placed in a training institute or reform school. A child placed in an institution or reform school shall remain there until after 3 years has lapsed from the date of the order, or he is released or discharged from the order in terms of the Children’s Act.27This section is important so as to promote alternative measures to imprisonment which are aimed at 21. Section 191(b) of the CPEA. 22. Section 191(c) of the CPEA. 23. Section 195 of the CPEA, see also Section 197 of the same Act which protect the identity of child witnesses in judicial proceedings. 24. Article 37(b) of the UNCRC and section 81 (1)(i) Constitution. 25. The Prison Act defines a young prisoner as a person under the “apparent age of nineteen years.” 26. This approach was adopted and applied in S v FM (A Juvenile) HH 112-15 and several other cases. 27. Section 352(2) of the CPEA. 12 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests