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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

5. Referral of child under the age of 12 years to children's court

 

(1)

(a) The probation officer must refer a child to the children's court in terms of section 9(3)(a)(i) of the Act in writing on a form which corresponds substantially with Form 1 of the Annexure.
(b) The probation officer must attach to Form 1 all relevant documents used in the assessment of the child, including the assessment report referred to in section 40 of the Act.
(c) The probation officer must ensure that Form 1 and all the attachments are received by the children's court.

 

(2) The probation officer must—

(a)        inform—

(i) the parents of the child of the  referral, if the parents' whereabouts are known and they are not aware of the referral;
(ii) the appropriate person or guardian of the referral, if the child was handed to an appropriate person or a guardian and if the person in question is not aware of the referral; and
(iii) the parents, appropriate person or guardian that they must ensure that the child appears at the children's court; or
(b) submit a copy of Form 1 and the documents referred to in subregulation (1)(b) to the child and youth care centre if the child was handed to the centre.