[Section 10 heading substituted by section 7 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
(1) |
A prosecutor who is required to make a decision whether or not to prosecute a child referred to in section 7(2) must take the following into consideration: |
(a) |
The educational level, domestic and environmental circumstances, age and maturity of the child; |
(b) |
the nature and seriousness of the alleged offence; |
(c) |
the impact of the alleged offence on any victim; |
(d) |
the interests of the community; |
(e) |
a probation officer's assessment report in terms of Chapter 5; |
(f) |
the prospects of establishing criminal capacity in terms of section 11 if the matter were to be referred to a child justice court in terms of Chapter 9; |
(h) any other relevant factor.
[Section 10(1) substituted by section 7 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
(2) |
If a prosecutor decides in respect of a child referred to in subsection (1) that criminal capacity is— |
(a) |
likely to be proved in terms of section 11, he or she refer the matter to a preliminary inquiry as provided for in Chapter 7; or |
(b) |
not likely to be proved in terms of section 11, he or she may cause the child to be taken to a probation officer to be dealt with in terms of section 9. |
[Section 10(2) substituted by section 7 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
(3) |
A prosecutor may divert the matter in terms of Chapter 6, if the matter is suitable for diversion. |
[Section 10(3) inserted by section 7 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]