Older Persons Act, 2006
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 3 : Written Notice, Summons and Arrest19. Summons |
| (1) | A summons issued in respect of a child in terms of section 54 of the Criminal Procedure Act who is to appear at a preliminary inquiry, must specify the date, time and place of the preliminary inquiry. |
(2)
| (a) | A summons must be served on a child in the presence of his or her parent, an appropriate person or a guardian, in which case both the child and parent, appropriate person or guardian must acknowledge service by way of a signature or mark. |
| (b) | In exceptional circumstances, where it is not possible to serve a summons on a child in the presence of his or her parent, an appropriate person or a guardian, the summons must be served on the child and a copy of the summons must, as soon as circumstances permit, be served on the parent, appropriate person or guardian, and both the child and parent, appropriate person or guardian must acknowledge service by way of a signature or mark. |
| (3) | A police official must, in the prescribed manner— |
| (a) | when serving a summons on the child, parent, appropriate person or guardian— |
| (i) | inform them of the nature of the allegation against the child; |
| (ii) | inform them of the child's rights; |
| (iii) | explain to them the immediate procedures to be followed in terms of this Act; |
| (iv) | warn the child to appear at the preliminary inquiry on the date and at the time and place specified in the summons and to remain in attendance; and |
| (v) | warn the parent, appropriate person or guardian to bring or cause the child to be brought to the preliminary inquiry on the date and at the time and place specified in the summons and to remain in attendance; and |
| (b) | immediately but not later than 24 hours after the service of the summons notify the probation officer concerned. |
