(1)
| (a) |
The child justice court must give directions to the probation officer regarding— |
| (i) |
the frequency of submitting progress reports referred to in section 72(2)(a) of the Act, to the court; and |
| (ii) |
the dates on which the first and subsequent progress reports must be provided to the court. |
| (b) |
The last progress report must be provided to the child justice court within seven days after the date on which the child has complied with the order. |
| (2) |
The probation officer must, if the child justice court fails to give the directions referred to in subregulation (1)(a), provide to the child justice court a progress report— |
| (a) |
within seven days after the date on which the conditions of the sentence have been complied with; and |
| (b) |
whenever the probation officer deems it necessary, taking into account the period of the sentence imposed, the nature of the offence, the extent to which monitoring of the child's compliance is required and the date on which the last progress report must be provided in terms of subregulation (1)(b). |
(3) The progress report must—
| (ii) |
name, age and the date of birth of the child; |
| (iii) |
particulars of the offence convicted of; |
| (iv) |
particulars of the sentence imposed; and |
| (v) |
sources of information; |
| (c) |
set out the information obtained regarding compliance with the order; |
| (d) |
clearly indicate the progress made in complying with the order, with specific reference to the objectives of the sentencing option in question; |
| (e) |
reflect the views of the child regarding his or her progress; |
| (f) |
indicate the conclusions reached and the basis thereof or reasons; |
| (g) |
contain recommendations, if applicable, supported by motivation; and |
| (h) |
be accompanied by supporting documents, if applicable. |
(4)
| (a) |
The probation officer must closely monitor the child's compliance with the order to ensure that he or she is in a position to compile a progress report. |
| (b) |
The probation officer must, to the extent necessary, obtain feedback in writing from any person who may have information on the child's compliance. |
| (c) |
The probation officer must keep record— |
| (i) |
of any oral or written information received in respect of the child's compliance with the order; and |
| (ii) |
of any observation made by the probation officer in respect of the child's compliance with the order. |
| (d) |
In compiling a progress report, the probation officer must have regard to the information referred to in paragraphs (b) and (c). |
| (5) |
The progress report must be submitted to the clerk of the child justice court in question in the manner provided for in regulation 35(4)(b) and (c). |
| (6) |
The clerk of the child justice court must, on receipt of the progress report, attach the report to the case record and place it before the presiding officer who imposed the sentence. |
| (7) |
The presiding officer must direct the clerk of the court how to deal with the matter and, in the case of a child who has failed to comply with a sentence referred to in section 79 of the Act, indicate the date on which the child must appear before the child justice court for an inquiry. |
South African Airways Act, 2007
