| (a) |
may not impose a sentence of imprisonment on a child who is under the age of 14 years at the time of being sentenced for the offence; and |
| (b) |
when sentencing a child who is 14 years or older at the time of being sentenced for the offence, must only do so as a measure of last resort and for the shortest appropriate period of time. |
| (2) |
[Section 77(2) deleted by section 4(a) of Act No. 14 of 2014] |
| (3) |
A child who is 14 years or older at the time of being sentenced for the offence may only be sentenced to imprisonment, if the child is convicted of an offence referred to in— |
| (b) |
Schedule 2, if substantial and compelling reasons exist for imposing a sentence of imprisonment; or |
| (c) |
Schedule 1, if the child has a record of relevant previous convictions and substantial and compelling reasons exist for imposing a sentence of imprisonment. |
[Section 77(3) substituted by section 4(b) of Act No. 14 of 2014]
| (4) |
A child referred to in subsection (3) may be sentenced to a sentence of imprisonment— |
| (a) |
for a period not exceeding 25 years; or |
| (b) |
envisaged in section 276(1)(i) of the Criminal Procedure Act. |
[Section 77(4) substituted by section 4(c) of Act No. 14 of 2014]
| (5) |
A child justice court imposing a sentence of imprisonment must take into account the number of days that the child has spent in prison or a child and youth care centre prior to the sentence being imposed. |
[Section 77(5) substituted by section 4(d) of Act No. 14 of 2014]
| (6) |
In compliance with the Republic's international obligations, no law, or sentence of imprisonment imposed on a child, including a sentence of imprisonment for life, may, directly or indirectly, deny, restrict or limit the possibility of earlier release of a child sentenced to any term of imprisonment. |
South African Council for Educators Act, 2000
