Fact Check: When can you be arrested for your minor child’s crimes?

Claim: Following the passing of the Children’s Amendment Act No.8 of 2023, there have been several reports in the Zimbabwe media claiming that the new law will punish parents “who fail to discipline their children” leaving them to commit crimes.

Is this true or false?

Verdict: Misleading

What does the law say about conducing to commission of offence by a child?

Section 13 of the Children’s Amendment Act outlines the provisions under which a parent or guardian can be arrested for the crimes of a child, these include the following:

Encouraging a child to commit an offence
Training a child to commit an offence
Knowingly providing a child with facilities to commit an offence
Failure to take reasonable steps to ensure that the child does not commit an offence where the parent or guardian is in a position to take such steps.

What will happen to parents or guardians who are found guilty?

The parents or guardians shall be liable to the penalties that could have been imposed on them had they been guilty of the offence that the child committed.

They may also be ordered to pay any damages for personal injury or patrimonial loss proved in the course of trial to have been caused to the injured party by the child.

Conclusion

The above claim is misleading as it does not provide context on the circumstances in which a parent or guardian is liable for crimes committed by their child.