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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 3 : Factors to be taken into account by Presiding Officer regarding further detention and placement and conditions of detention at Preliminary Inquiry or Child Justice Court

32. Factors to be taken into account by presiding officer regarding further detention and placement at preliminary inquiry or child justice court

 

Where a child, in terms of Parts 1 and 2 of this Chapter, has been or is to be detained and placed in a child and youth care centre or prison, the presiding officer at a preliminary inquiry or child justice court must, at every subsequent appearance of the child or at any time thereafter—

(a) determine whether or not the detention is or remains necessary and whether the placement is or remains appropriate;
(b) enter the reasons for the detention or further detention on the record of the proceedings;
(c) consider a reduction of the amount of bail, if applicable;
(d) inquire whether or not the child is being treated properly and being kept in suitable conditions, if applicable;
(e) if not satisfied that the child is being treated properly and being kept in suitable conditions, order that an inspection or investigation be undertaken into the treatment and conditions and make an appropriate remedial order; and
(f) enter the reasons for any decision made in this regard on the record of the proceedings.

 

 


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