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

Regulations

Regulations relating to Child Justice

Chapter 9 : Sentencing

44. Report on completion of sentence of compulsory residence in Child and Youth Care Centre

 

(1) A report referred to in section 76(3) the Act by the head of the child and youth care centre to which a child has been sentenced must correspond substantially with Form 12 of the Annexure.

 

(2) The report must clearly indicate—
(a) which of the objectives referred to in section 69 of the Act have been achieved and the basis for the view which must be substantiated by supporting information;
(b) which of the objectives have not been achieved and the possible reasons for that which must be substantiated by supporting information; and
(c) the possibility of the child's re-integration into society without serving the additional term of imprisonment with reference to—
(i) the pattern of behaviour of the child during his or her term in the child and youth care centre;
(ii) any positive or negative incidents in which the child was involved and, in the event of a negative incident, the circumstances surrounding the incident which may have had an impact on the child;
(iii) interventions of the centre in instances where the child behaved in an unacceptable manner and the child's response to that;
(iv) the extent to which the child has adjusted to the new environment;
(v) the child's relationship with his or her peers, including new entrants;
(vi) the child's  relationship with the staff  of the centre when the  child was disciplined;
(vii) the extent to which the child has carried out his or her duties or assigned tasks;
(viii) the extent to which the child  has acknowledged  responsibility for  any wrongdoing in which he or she was involved;
(ix) his or her scholastic progress; and
(x) any other relevant information.

 

(3) The head of the child and youth care centre must ensure that the views expressed on the issues referred to in section 76(3)(b) of the Act provide the presiding officer with sufficient detail.

 

(4) The head of the child and youth care centre must submit Form 12, together with supporting documents, if any, to the clerk of the child justice court in question not later than six weeks before the child completes his or her sentence.

 

(5) Form 12 must be submitted in a manner referred to in regulation 35(4)(b) and (c).

 

(6) The clerk of the child justice court must, on receipt of the progress report, attach the progress report to the case record and place it before the presiding officer who imposed the sentence for direction.

 

(7) If the presiding officer directs the clerk of the child justice court to enrol the matter, he or she must do so and inform all the relevant parties.

 

 


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