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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

38. Estimation of age of person

 

(1) Whenever in connection with any proceedings in terms of this Act
(a) the age of a person is a relevant fact of which no or insufficient evidence is available, the presiding officer in legal proceedings or a medical practitioner in other proceedings may estimate the age of that person by his or her appearance or from any information which is available, and the age so estimated is, for the purposes of this Act, deemed to be the true age of that person; and
(b) it is proved after the conclusion of those proceedings that the age so estimated is not the true age of that person, the error may not, if it was made in good faith, affect any decision given or order made in the course of those proceedings.

 

(2) The age of a person estimated in terms of subsection (1) is deemed to have been attained on the day when the estimate is made.

 

 


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