A rapid review of the best interest of the child principle in the criminal judicial context

Abstract

In this study the rapid review methodology was utilised to explore whether the best interest of the child is of paramount importance, as stated in various South Africa Acts. Data from 26 articles, with a fair to good methodological quality, was extracted and a summary of the studies was then drafted. International and local judicial processes were looked at to ascertain whether in practice the best interest of the child is always protected throughout the entire ordeal of testifying. An important finding was that all areas of the judicial system lack specialised training on how to deal with a child witness or victim, in most cases they are questioned as an adult. The procedures that are set out for dealing with CSA are not followed and further studies should be done to ascertain where the breakdown in implementing the guidelines occurs.