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

Chapter 8 : Diversion

60. Register of children in respect of whom diversion order has been made

 

(1) The Director-General: Social Development must, in consultation with the Director-General: Justice and Constitutional Development and the National Commissioner of the South African Police Service, establish and maintain a register, as prescribed, of children in respect of whom a diversion order has been made in terms of this Act, which must include—
(a) the personal details of each child;
(b) details of the offence in relation to which the diversion order was made;
(c) the diversion option or options as described in the diversion order; and
(d) particulars of the child's compliance with the diversion order.

 

(2) The purpose of the register is to keep a record of particulars referred to in subsection (1) in respect of children whose matters are diverted from the formal criminal justice system in terms of this Act—
(a) for access by—
(i) probation officers when assessing a child in terms of Chapter 5;
(ii) police officials when performing functions in terms of Chapter 3 or 4; or
(iii) presiding officers, members of the national prosecuting authority referred to in section 4 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), or other court officials, when considering diversion in terms of Chapter 6, at a preliminary inquiry in terms of Chapter 7, and during proceedings at a child justice court in terms of Chapter 9; and
(b) in order to facilitate research relating to the effectiveness of diversion and trends relating to diversion.

 

(3) Access to the register must be limited, as prescribed, to persons or organizations requiring the information for the purposes set out in subsection (2).

 

 


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