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

Notices

Directives issued in terms of Section 97(4) of the Child Justice Act, 2008 (Act 75 of 2008)

Children in Conflict with the Law

E. The decision to prosecute a child who is 12 years or older but under the age of 14 years

 

E. The decision to prosecute a child who is 12 years or older but under the age of 14 years

 

1. The decision to prosecute a child who is 12 years or older but under the age of 14 years must be carefully considered. The factors set out in section 10(1) of the Act must be taken into consideration when taking such a decision.

 

2. Where it is unlikely that it will be proved that the child had the necessary criminal capacity prosecutors should have the child referred to a probation officer to be dealt with in the same manner as children under the age of 12 years.

 

3. Where it is likely to be proved that the child had the necessary criminal capacity the prosecutor may consider diversion where the alleged offence is minor (see G below) or may refer the matter to a preliminary inquiry in terms of the Act.

 

4. Where the prosecutor deems it necessary to have the criminal capacity of a child evaluated, he or she should request the child justice court to have it done by the category or class of persons determined by the Minister of Justice, e.g. a psychiatrist or clinical psychologist.