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

Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to age

Part 2 : Criminal capacity of Children under the age of 14 years

10. Decision to prosecute child who is 12 years or older but under the age of 14 years

[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;
(g) the appropriateness of diversion; and

(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]