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Table of Contents
Child Justice Act, 2008 (Act No. 75 of 2008)
Notice No. 549 of 2009
Act
Preamble
Chapter 1 : Definitions, Objects and Guiding Principles of Act
1. Definitions
2. Objects of Act
3. Guiding principles
Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to age
Part 1 : Application of Act
4. Application of Act
5. Manner of dealing with children who are alleged to have committed offences
6. Seriousness of offences
Part 2 : Criminal capacity of Children under the age of 14 years
7. Minimum age of criminal capacity
8. Review of minimum age of criminal capacity
9. Manner of dealing with child under the age of 12 years
10. Decision to prosecute child who is 12 years or older but under the age of 14 years
11. Proof of criminal capacity
Part 3 : Age Estimation, Age Determination and Error Regarding Age
12. Responsibility of police official where age of child is uncertain
13. Age estimation by probation officer
14. Age determination by inquiry magistrate or child justice court
15. Age determination by any other court
Chapter 3 : Written Notice, Summons and Arrest
16. Error regarding age of child or adult who is alleged to have committed offence
17. Methods of securing attendance of child at preliminary inquiry
18. Written notice to appear at preliminary inquiry
19. Summons
20. Arrest
Chapter 4 : Release or Detention and placement of child prior to sentence and related matters
Part 1 : Release or Detention
21. Approach to be followed when considering release or detention of child after arrest
22. Release of child on written notice into care of parent
23. Duty of police official when releasing child into care of parent, appropriate adult or guardian
24. Release of child into care of parent, appropriate adult or guardian
25. Release of child on bail
Part 2 : Placement
26. Approach to be followed when considering placement of child
27. Placement options for child who has not been released before first appearance at preliminary inquiry
28. Protection of children detained in police custody
29. Placement in a child and youth care centre
30. Placement in a prison
31. Error regarding placement
Part 3 : Factors to be taken into account by Presiding Officer regarding further detention
32. Factors to be taken into account by presiding officer
33. Conditions of detention at preliminary inquiry or child justice court
Chapter 5 : Assessment of Child
34. Duty of probation officer to assess children
35. Purpose of assessment
36. Confidentiality of information obtained at assessment
37. Place where assessment is to be conducted
38. Persons to attend assessment
39. Powers and duties of probation officer at assessment
40. Assessment report of probation officer
Chapter 6 : Diversion by Prosecutor in respect of Minor Offences
41. Diversion by prosecutor before preliminary inquiry in respect of offences referred to i
42. Diversion option to be made order of court
Chapter 7 : Preliminary Inquiry
43. Nature and objectives of preliminary inquiry
44. Persons to attend preliminary inquiry
45. Confidentiality of information furnished at preliminary inquiry
46. Failure to appear at preliminary inquiry
47. Procedure relating to holding of preliminary inquiry
48. Postponement of preliminary inquiry
49. Orders at preliminary inquiry
50. Referral of children in need of care and protection to children's court
Chapter 8 : Diversion
51. Objectives of diversion
52. Consideration of diversion
53. Diversion options
54. Selection of diversion option
55. Minimum standards applicable to diversion
56. Provision and accreditation of diversion programmes and diversion service providers
57. Monitoring of compliance with diversion order
58. Failure to comply with diversion order
59. Legal consequences of diversion
60. Register of children in respect of whom diversion order has been made
61. Family group conference
62. Victim-offender mediation
Chapter 9 : Trial in Child Justice Court
63. Child justice courts and conduct of trials involving children
64. Referral of children in need of care and protection to children's court
65. Parental assistance
66. Time limits relating to postponements
67. Child justice court may divert matter
Chapter 10 : Sentencing
Part 1 : General
68. Child to be sentenced in terms of this Chapter
69. Objectives of sentencing and factors to be considered
70. Impact of offence on victim
71. Pre-sentence reports
Part 2 : Sentencing Options
72. Community-based sentences
73. Restorative justice sentences
74. Fine or alternatives to fine
75. Sentences involving correctional supervision
76. Sentence of compulsory residence in child and youth care centre
77. Sentence of imprisonment
78. Postponement or suspension of passing of sentence
79. Failure to comply with certain sentences
Chapter 11 : Legal Representation
80. Requirements to be complied with by legal representatives
81. Legal representation at preliminary inquiry
82. Child to be provided with legal representation at State expense in certain instances
83. Child may not waive legal representation in certain circumstances
Chapter 12 : Appeals and Automatic Review of certain convictions and sentences
84. Appeals
85. Automatic review in certain cases
86. Release on bail pending review or appeal
Chapter 13 : Records of Conviction and Sentence
87. Expungement of records of certain convictions and diversion orders
Chapter 14 : General Provisions
88. Rules of Court
89. Establishment and jurisdiction of One-Stop Child Justice Centres
90. Referral of information relating to age to Department of Home Affairs
91. Liability for patrimonial loss arising from execution of diversion order
92. Persons using children to commit crime
93. National policy framework
94. Establishment of Intersectoral Committee
95. Meetings of Intersectoral Committee
96. Responsibilities, functions and duties of Intersectoral Committee
97. Regulations, directives, national instructions and register
98. Transitional arrangements
99. Repeal or amendment of laws
100. Short title and commencement
Schedules
Schedule 1
Schedule 2
Schedule 3
Schedule 4 and 5
Regulations
Regulations relating to Child Justice
Notice No. R. 251 of 2010
Chapter 1 : General Provisions
1. Definitions
2. Designation of probation officers
Chapter 2 : Criminal capacity of children under the age of 14 years and matters related to age
3. Handing over of child under the age of 10 years
4. Notice to designated probation officer regarding handing over of child under the age of 10 years
5. Referral of child under the age of 10 years to children's court
6. Referral of child under the age of 10 years for counselling or therapy
7. Referral of child under the age of 10 years to accredited programme
8. Arranging support services for child under the age of 10 years
9. Arranging a meeting relating to circumstances surrounding allegations and formulation of written plan
10. Written plan for child under the age of 10 years
11. Probation officer taking no action in respect of child under the age of 10 years
12. Recording the outcome of the assessment and decision taken
13. Proof of criminal capacity
14. Age estimation by probation officer
15. Age determination by inquiry magistrate or child justice court
Chapter 3 : Securing Attendance of Child at Preliminary Inquiry
16. Written notice to appear at preliminary inquiry
17. Summons to appear at preliminary inquiry
18. Arrest to secure attendance at preliminary inquiry
Chapter 4 : Release, Detention and Placement of Child Prior to Sentence
19. Detention of child before preliminary inquiry
20. Failure of child to appear at preliminary inquiry or to comply with conditions of release
21. Complaint about inquiry or trauma of child in detention
22. Register regarding detention of children
23. Placement in a child and youth care centre
24. Error regarding placement
25. Written report relating to transport of child to or from preliminary inquiry or child justice court
Chapter 5 : Assessment of Child
26. Powers and duties of probation officer at assessment
27. Assessment report of probation officer
Chapter 6 : Preliminary Inquiry
28. Procedure relating to holding of preliminary enquiry
Chapter 7 : Diversion
29. Diversion options
30. Provision of resources to implement diversion programmes
31. Certificate of accreditation
32. Quality assurance in respect of diversion programmes and diversion service providers
33. Failure of child to comply with diversion order
34. Compliance by child with diversion order
35. Establishment and maintenance of register of children in respect of whom diversion order has been made
36. Access to register of children in respect of whom diversion order has been made
Chapter 8 : Trial in Child Justice Court
37. Duty of presiding officer before plea in child justice court
38. Drawing up of list of independent observers
39. Particulars of list of independent observers
40. Appointment of independent observer
Chapter 9 : Sentencing
41. Progress report regarding community-based sentences
42. Progress report regarding restorative justice sentences
43. Progress report regarding fines or alternative to fine
44. Report on completion of sentence of compulsory residence in child and youth care centre
45. Manner of taking child to child and youth care centre for sentence of compulsory residence
46. Manner of bringing court order to attention of functionaries in case of sentence of compulsory residence in child and youth care centre
47. Failure of child to comply with certain sentences
Chapter 10 : Legal Representation
48. Legal representative appointed to assist court
Chapter 11 : Expungement of Records
49. Application for expungement of conviction and sentence
50. Consideration of application for expungement by Director-General
51. Consideration of application for expungement by Cabinet member
52. Expungement of record of diversion order
Chapter 12 : Miscellaneous
53. Registration of age of child
54. Register of children lacking criminal capacity
55. Access to register of children lacking criminal capacity
56. Manner of notification
57. Short title and commencement
Annexure
Form 1 : Referral of child under the age of 10 years
Form 2 : Order for the evaluation of criminal capacity of child
Form 3 : Age estimation of child by probation officer
Form 4 : Age estimation of child by medical practitioner
Form 5 : Sworn statement in respect of placement of child
Form 6 : Diversion Order
Form 7 : Certificate of accreditation of diversion service provider
Form 8 : Certificate of accreditation of diversion programme
Form 9 : Report on compliance or non-compliance with diversion order
Form 10 : Application to access the register of diversion orders or register of children
Form 11 : Nomination of independent observer
Form 12 : Report by the head of Child and Youth Care Centre regarding the possibility of child's reintegration into society without serving term of imprisonment
Form 13 : Application for expungement of records of conviction and sentence by the Director-General or Cabinet member
Form 14 : Certificate of expungement of conviction and sentence by Director-General: Justice and Constitutional Development
Form 15 : Certificate of expungement of conviction and sentence by Cabinet member
Notices
Determination of Persons or Category or Class of Persons Competent to Conduct the Evaluation of Criminal Capacity of a Child and the Allowances and Remuneration
Notice No. R. 273 of 2010
1. Determination of categories or classes of persons to conduct evaluation of criminal capacity
2. Determination of allowances and remuneration
preliminary inquiry
means an inquiry referred to in
Chapter 7
;
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