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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 age

Part 3 : Age Estimation, Age Determination and Error Regarding Age

14. Age determination by inquiry magistrate or child justice court

 

(1) If, during a preliminary inquiry or during proceedings before a child justice court, the age of a child at the time of the commission of the alleged offence is uncertain, the presiding officer must determine the age of the child.

 

(2) In order to determine the age of a child, a presiding officer may—
(a) consider the form and any documentation submitted by the probation officer in terms of section 13(3);
(b) require any relevant documentation, information or statement from any person;
(c) subpoena any person to produce the documentation, information or statements referred to in paragraph (b); or
(d) if necessary, refer the child to a medical practitioner, in the prescribed manner, for an estimation of age.

 

(3)        

(a) The presiding officer must enter the age determined in terms of subsection (1) into the record of the proceedings as the age of the child.
(b) Should evidence to the contrary emerge, the presiding officer must alter the record to reflect the correct age.