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Child Justice Act, 2008 (Act No. 75 of 2008)

Regulations

Regulations relating to Child Justice

Chapter 10 : Legal Representation

48. Legal representative appointed to assist court

 

(1) A legal representative appointed in terms of section 83 of the Act to assist the court must—
(a) attend all the court  proceedings in respect of the case unless, excused  by the court;
(b) address the court on any matter requested by the court;
(c) have  access  to  the  documents  and  statements  in the  docket  to  the  extent permissible in criminal proceedings;   and
(d) ensure that the best interests of the child are upheld at all times.

 

(2) A legal representative appointed to assist the court may—
(a) address the court on the merits and procedural aspects  of the case;
(b) address the court on the sentence to be imposed;
(c) cross- examine a witness in relation to the evidence adduced by the witness;
(d) discredit the evidence of a witness;
(e) raise an objection to a question posed to the child or state witness;
(f) question the admissibility of evidence led by the state;
(g) present evidence that will be in the best interests of a child; or
(h) assist in any other manner as the court may request.

 

(3) A legal representative may attend the proceedings of a preliminary inquiry if so requested by the inquiry magistrate.