Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 4 : Release or Detention and placement of child prior to sentence and related mattersPart 2 : Placement27. Placement options for child who has not been released before first appearance at preliminary inquiry |
If, at any stage before a child's first appearance at a preliminary inquiry, the child has not been released from detention in police custody and is charged, in the case of a child who is—
(a) |
(i) | 12 years or older but under the age of 14 years, with any offence; or |
(ii) | 14 years or older, with an offence referred to in Schedule 1 or 2, |
the police official must give consideration to the detention of the child in an appropriate child and youth care centre, if a centre is available and there is a vacancy, or if a centre or vacancy is not available, in a police cell or lock-up; or
(b) | 14 years or older, with an offence referred to in Schedule 3, the police official must cause the child to be detained in a police cell or lock-up. |
[Section 27 substituted by section 11 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]