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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 2 : Placement

27. 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]

 

 


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