| (1) |
A child may not be arrested for an offence referred to in Schedule 1, unless there are compelling reasons justifying the arrest, which may include the following circumstances: |
| (a) |
Where the police official has reason to believe that the child does not have a fixed residential address; |
| (b) |
where the police official has reason to believe that the child will continue to commit offences, unless he or she is arrested; |
| (c) |
where the police official has reason to believe that the child poses a danger to any person; |
| (d) |
where the offence is in the process of being committed; or |
| (e) |
where the offence is committed in circumstances as set out in national instructions referred to in section 97(5)(a)(ii). |
| (2) |
A warrant of arrest issued under section 43 of the Criminal Procedure Act in respect of a child must direct that the child be brought to appear at a preliminary inquiry. |
| (3) |
The police official arresting a child must, in the prescribed manner— |
| (a) |
inform the child of the nature of the allegation against him or her; |
| (b) |
inform the child of his or her rights; |
| (c) |
explain to the child the immediate procedures to be followed in terms of this Act; and |
| (d) |
notify the child's parent, an appropriate person or guardian of the arrest: Provided that if a police official is unable to notify the child's parent, an appropriate person or guardian of the arrest, the police official must submit a written report to the presiding officer at the preliminary inquiry. |
(4)
| (a) |
A police official, where possible the police official who arrested the child, must immediately, but not later than 24 hours after the arrest, inform the probation officer in whose area of jurisdiction the child was arrested of the arrest in the prescribed manner. |
| (b) |
If a police official is unable to inform a probation officer of the arrest, the police official must submit a written report to the inquiry magistrate at the preliminary inquiry, furnishing reasons for non-compliance, as prescribed. |
| (5) |
Any child who has been arrested and who remains in custody must, whether or not an assessment of the child has been done, be taken by a police official to the magistrate's court having jurisdiction, in order to deal with the matter in terms of section 5(2) to (4), as soon as possible but not later than 48 hours after arrest, in which case the provisions of section 50(1)(d) of the Criminal Procedure Act dealing with— |
| (i) |
ordinary court hours; |
| (ii) |
physical illness or other physical condition; and |
| (iii) |
arrest outside of the area of jurisdiction of the court, |
apply in respect of the expiry of the period of 48 hours.
Copyright Act, 1978
