| (2) |
A sentence referred to in subsection (1) may, subject to subsection (3), be imposed for a period not exceeding five years or for a period which may not exceed the date on which the child in question turns 21 years of age, whichever date is the earliest. |
| (a) |
A child justice court that convicts a child of an offence— |
| (i) |
referred to in Schedule 3; and |
| (ii) |
which, if committed by an adult, would have justified a term of imprisonment exceeding ten years, |
may, if substantial and compelling reasons exist, in addition to a sentence in terms of subsection (1), sentence the child to a period of imprisonment which is to be served after completion of the period determined in accordance with subsection (2).
| (b) |
The head of the child and youth care centre to which a child has been sentenced in terms of subsection (1) must, on the child's completion of that sentence, submit a prescribed report to the child justice court which imposed the sentence, containing his or her views on the extent to which the relevant objectives of sentencing referred to in section 69 have been achieved and the possibility of the child's reintegration into society without serving the additional term of imprisonment. |
| (c) |
The child justice court, after consideration of the report and any other relevant factors, may, if satisfied that it would be in the interests of justice to do so— |
| (i) |
confirm the sentence and period of imprisonment originally imposed, upon which the child must immediately be transferred from the child and youth care centre to the specified prison; |
| (ii) |
substitute that sentence with any other sentence that the court considers to be appropriate in the circumstances; or |
| (iii) |
order the release of the child, with or without conditions. |
| (d) |
If a sentence has been confirmed in accordance with paragraph (c)(i), the period served by the child in a child and youth care centre must be taken into account when consideration is given as to whether or not the child should be released on parole in accordance with Chapter VII of the Correctional Services Act, 1998 (Act No. 111 of 1998). |
| (a) |
A child who is sentenced in terms of this section, must be taken in the prescribed manner to the centre specified in the order as soon as possible, but not later than one month after the order was made. |
| (b) |
When making an order referred to in subsection (1), the child justice court must— |
| (i) |
specify the centre to which the child must be admitted, with due regard to the information obtained by the probation officer referred to in section 71(3); |
| (ii) |
cause the order to be brought to the attention of relevant functionaries in the prescribed manner; |
| (iii) |
give directions where the child is to be placed for any period before being admitted to the centre specified in the order, preferably in another child and youth care centre referred to in section 191(2)(h) of the Children's Act, but not in a police cell or lock-up; and |
| (iv) |
direct a probation officer to monitor the movement of the child to the centre specified in the order, in compliance with the order, and to report to the court in writing once the child has been admitted to the centre. |
| (c) |
Where the information referred to in section 71(3) is, for any reason, not available, the presiding officer may request any official of the rank of Director or above at the Department of Social Development dealing with the designation of children to child and youth care centres to furnish that information, in respect of the availability or otherwise of accommodation for the child in question. |
| (d) |
Where a presiding officer has sentenced a child in terms of this section, he or she must cause the matter to be retained on the court roll for one month, and must, at the re-appearance of the matter, inquire whether the child has been admitted to the child and youth care centre. |
| (e) |
If the child has not been admitted to a child and youth care centre, the presiding officer must hold an inquiry and take appropriate action, which may, after consideration of the evidence recorded, include the imposition of an alternative sentence, unless the child has been sentenced in terms of subsection (3). |
| (f) |
If the presiding officer finds that the failure to admit the child is due to the fault of any official, he or she must cause a copy of the finding to this effect to be brought to the attention of the appropriate authority to take the necessary action. |
Basic Conditions of Employment Act, 1997
