Older Persons Act, 2006
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to agePart 2 : Criminal capacity of Children under the age of 14 years11. Proof of criminal capacity |
| (1) | The State must, for purposes of plea and trial, prove beyond reasonable doubt the capacity of a child who is 12 years or older but under the age of 14 years to appreciate the difference between right and wrong at the time of the commission of an alleged offence and to act in accordance with that appreciation. |
| (2) | In making a decision regarding the criminal capacity of the child in question the child justice court must consider— |
| (a) | all evidence placed before the child justice court, which evidence may include a report of an evaluation referred to in subsection (3); and |
| (b) | the cognitive, moral, emotional, psychological and social development of the child. |
| (3) | A child justice court may, on own accord, or on the request of the prosecutor or the child's legal representative, order an evaluation of the criminal capacity of the child referred to in subsection (1), in the prescribed manner, by a suitably qualified person. |
| (4) | If an order has been made by the child justice court in terms of subsection (3), the person identified to conduct an evaluation of the child must furnish the child justice court with a written report of the evaluation within 30 days of the date of the order. |
| (4A) | The provisions of section 77(2), (3) and (4) of the Criminal Procedure Act apply with the changes required by the context to a report referred to in subsection (4). |
| (5) | Where a child justice court has found that a child's criminal capacity has not been proved beyond a reasonable doubt, the child justice court may, if it is in the interests of the child, cause the child to be taken to a probation officer for any further action in terms of section 9. |
[Section 11 substituted by section 8 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
