Implementation of Geneva Conventions Act, 2012
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 10 : SentencingPart 2 : Sentencing Options73. Restorative justice sentences |
| (1) | A child justice court that convicts a child of an offence may refer the matter— |
| (a) | to a family group conference in terms of section 61; |
| (b) | for victim-offender mediation in terms of section 62; or |
| (c) | to any other restorative justice process which is in accordance with the definition of restorative justice. |
| (2) | On receipt of the written recommendations from a family group conference, victim-offender mediation or other restorative justice process, the child justice court may impose a sentence by confirming, amending or substituting the recommendations. |
| (3) | If the child justice court does not agree with the terms of the plan made at a family group conference, victim-offender mediation or other restorative justice process, the court may impose any other sentence provided for in this Chapter and enter the reasons for substituting the plan with that sentence on the record of the proceedings. |
| (4) | A child justice court that has imposed a sentence in terms of subsection (2) must— |
| (a) | request the probation officer concerned to monitor the child's compliance with the sentence referred to in subsection (2) and to provide the court with progress reports, in the prescribed manner, indicating compliance; and |
| (b) | warn the child that any failure to comply with the sentence will result in the child being brought back before the child justice court for an inquiry to be held in terms of section 79. |
