| (1) |
Where a child who is in detention in respect of any offence appears— |
| (b) |
at a child justice court and the matter is to be postponed, |
the presiding officer must, subject to subsection (2)(b), consider the release of the child in terms of this section.
| (2) |
The presiding officer may release a child referred to in subsection (1)— |
| (b) |
if the child is alleged to have committed an offence referred to in Schedule 1 or 2, on the child's own recognisance, |
if it is in the interests of justice to release the child.
| (3) |
In considering whether or not it would be in the interests of justice to release a child in terms of subsection (2), the presiding officer must have regard to the recommendations of the probation officer's assessment report and all other relevant factors, including— |
| (a) |
the best interests of the child; |
| (b) |
whether the child has previous convictions; |
| (c) |
the fact that the child is 12 years or older but under the age of 14 years and is presumed to lack criminal capacity; |
[Section 24(3)(c) substituted by section 10 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]
| (d) |
the interests and safety of the community in which the child resides; and |
| (e) |
the seriousness of the offence. |
| (4) |
The presiding officer must, when releasing a child in terms of this section, warn him or her to appear on a specified date and at a specified time and place and may impose one or more conditions, namely that the child must— |
| (a) |
report periodically to a specified person or at a specified place; |
| (b) |
attend a particular school; |
| (c) |
reside at a particular address; |
| (d) |
be placed under the supervision of a specified person; |
| (e) |
not interfere with any witness, tamper with any evidence or associate with any person or group of specified persons; or |
| (f) |
comply with any other condition that the presiding officer deems fit in the circumstances. |
| (5) |
If a child is released into the care of a parent, appropriate person or guardian, the presiding officer must direct the parent, appropriate person or guardian to appear and warn the parent, appropriate person or guardian to ensure that the child appears on a specified date and at a specified time and place and, if a condition has been imposed in terms of this section, to ensure that the child complies with that condition. |
| (6) |
If a child is released on his or her own recognisance, the presiding officer must warn the child to appear on a specified date and at a specified time and place and, if a condition has been imposed in terms of this section, to comply with that condition. |
(7)
| (a) |
If a child fails to appear on the date and at the time and place referred to in subsection (4) or (6) or comply with any condition referred to in this section, the presiding officer may, on being notified of the failure, in the prescribed manner, issue a warrant for the arrest of the child or cause a summons to be issued in accordance with section 19, for the child to appear at the preliminary inquiry or child justice court. |
| (b) |
When a child appears before a presiding officer pursuant to a warrant of arrest or summons referred to in paragraph (a), the presiding officer must inquire into the reasons for the child's failure to appear or comply with the conditions or to remain in attendance and make a determination whether or not the failure is due to the child's fault. |
| (c) |
If it is found that the failure is not due to the child's fault, the presiding officer may— |
| (i) |
order the child's release on the same conditions; or |
| (ii) |
order the child's release on any other condition; and |
| (iii) |
if necessary, make an appropriate order which will assist the child and his or her family to comply with the conditions initially imposed. |
| (d) |
If it is found that the failure is due to the child's fault, the presiding officer may order the release of the child on different or further conditions or make an order that the child be detained, subject to the provisions of section 26. |
| (e) |
A parent, an appropriate person or guardian who fails to comply with subsection (5) is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three months. |
Older Persons Act, 2006
