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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 8 : Admission, Transfer and Referral to Treatment Centre

33. Admission of involuntary service user to treatment centre

 

 

1) An involuntary service user, except those referred to in sections 36 and 40, may not be provided with treatment, rehabilitation and skills development at a treatment centre unless a sworn statement is submitted to a public prosecutor by a social worker, community leader or person closely associated with such a person, alleging that the involuntary service user is within the area of jurisdiction of the magistrate’s court to which such prosecutor is attached and is a person who is dependent on substances and—
a) is a danger to himself or herself or to the immediate environment or causes a major public health risk;
b) in any other manner does harm to his or her own welfare or the welfare of his or her family and others; or
c) commits a criminal act to sustain his or her dependence on substances.

 

2) The clerk of the court must, at the request of the public prosecutor, issue a summons to a police official to be served on a service user contemplated in subsection (1) calling on him or her to appear before a magistrate at a time and place stated in such summons.

 

3) Notwithstanding subsection (2), a magistrate of the relevant court may, at the request of the public prosecutor, issue a warrant directing that a service user contemplated in subsection (1) be apprehended and be brought before the magistrate.

 

4) A public prosecutor may request a clerk of the court to issue a summons in respect of any person or request a magistrate to issue a warrant for the apprehension, only after he or she has obtained a report from a social worker regarding the social circumstances of the person concerned and any other matter that the prosecutor may consider relevant.

 

5) The provisions of the Criminal Procedure Act relating to—
a) the form and manner of execution of warrants of arrest;
b) the service of summonses in criminal cases in lower courts;
c) arrest, detention and searching; and
d) the manner in which persons summoned to appear may be dealt with on failure to appear or to remain in attendance as required,

apply with the changes required by the context in respect of warrants for the apprehension and summonses issued under this section.