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

Regulations

Regulations relating to Child Justice

Chapter 2 : Criminal capacity of children under the age of 14 years and matters related to age

15. Age determination by inquiry magistrate or child justice court

 

(1) The presiding officer at a preliminary inquiry or of a child justice court who refers a child for age estimation in terms of section 14(2)(d) of the Act, must do so in writing on a form which corresponds substantially with Form 4 of the Annexure.

 

(2) The clerk of the child justice court must, in writing and orally, notify—

(a)

(i) the parent of the child of the referral, if the parent was not present when the child was referred;  and
(ii) the appropriate person or guardian of the referral, if the child was handed to an appropriate person or guardian and if that person was not present when the child was referred;  or
(b) the child and youth care centre of the referral, if the child was handed to a centre, if the contact particulars of the person in question are available.

 

(3) The notification by the clerk of the child justice court must be done immediately after the referral in any manner and the clerk must ensure that any of the persons referred to in subregulation (2)  receives the notice.

 

(4) The medical practitioner  who  estimated the age of the  child must complete Part C of Form 4 of the Annexure.