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

Chapter 4 : Release or Detention and placement of child prior to sentence and related matters

Part 1 : Release or Detention

21. Approach to be followed when considering release or detention of child after arrest

 

(1) When considering the release or detention of a child who has been arrested, preference must be given to releasing the child, as set out in subsections (2) and (3).

 

(2) Prior to the child's first appearance at a preliminary inquiry—
(a) a police official must, in respect of an offence referred to in Schedule 1, where appropriate, release a child on written notice into the care of a parent, an appropriate person or guardian in terms of section 18, read with section 22; or
(b) a prosecutor may, in respect of an offence referred to in Schedule 1 or 2, authorise the release of a child on bail in terms of section 25, read with section 59A of the Criminal Procedure Act, in which case the reference to Schedule 7 in section 59A of that Act is to be regarded as a reference to Schedule 2 of this Act.

 

(3) A presiding officer may, at a child's first appearance at a preliminary inquiry or thereafter at a child justice court
(a) in respect of any offence, release a child into the care of a parent, an appropriate person or guardian in terms of section 24(2)(a);
(b) in respect of an offence referred to in Schedule 1 or 2, release a child on his or her own recognisance in terms of section 24(2)(b); or
(c) if a child is not released from detention in terms of paragraph (a) or (b), release the child on bail in terms of section 25.

 

 


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