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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

Q. Sentencing

 

Q. Sentencing

 

1. Prosecutors should take cognisance of the provisions of sections 69 to 78 for purposes of addressing the court on sentence.

 

2. The minimum sentence provisions in the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), do not apply (vide Centre for Child Law v Minister of Justice and Constitutional Development and others CCT98/08, 2009 ZACC 18).

 

3. Prosecutors are encouraged to obtain a victim impact statement. Undisputed victim impact statements are admissible upon mere production.

 

4. Pre-sentence reports are compulsory and should be requested by the court and not by the prosecutor (section 71(1)(a)).