Statistics Act, 1999
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 4 : Release or Detention and placement of child prior to sentence and related mattersPart 2 : Placement28. Protection of children detained in police custody |
| (1) | A child who is in detention in police custody must be— |
| (a) | detained separately from adults, and boys must be held separately from girls; |
| (b) | detained in conditions which take into account their particular vulnerability and will reduce the risk of harm to that child, including the risk of harm caused by other children; |
| (c) | permitted visits by parents, appropriate persons, guardians, legal representatives, registered social workers, probation officers, assistant probation officers, health workers, religious counsellors and any other person who, in terms of any law, is entitled to visit; and |
| (d) | cared for in a manner consistent with the special needs of children, including the provision of— |
| (i) | severe psychological trauma; and |
| (ii) | adequate food, water, blankets and bedding. |
(2)
| (a) | If any complaint is received from a child or any other person during an arrest or while the child is in detention in police custody relating to any injury sustained or severe psychological trauma suffered by the child or if a police official observes that a child has been injured or is severely traumatised, that complaint or observation must, in the prescribed manner, be recorded and reported to the station commissioner, who must ensure that the child receives immediate and appropriate medical treatment if he or she is satisfied that any of the following circumstances exist: |
| (i) | There is evidence of physical injury or severe psychological trauma; |
| (ii) | the child appears to be in pain as a result of an injury; |
| (iii) | there is an allegation that a sexual offence as defined in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), has been committed against the child; or |
| (iv) | there are other circumstances which warrant medical treatment. |
| (b) | In the event of a report being made as referred to in paragraph (a), that report must, in the prescribed manner, as soon as is reasonably possible, be submitted to the National Commissioner of Police, indicating— |
| (i) | the nature of the injury sustained or severe psychological trauma suffered by the child; |
| (ii) | an explanation of the circumstances surrounding the injury or trauma; and |
| (iii) | a recommendation as to whether any further action is required. |
| (c) | A copy of the medical report, if applicable, must accompany the report by the station commissioner referred to in paragraph (b), and a further copy must be filed in the docket. |
| (3) | The station commissioner of each police station must keep a register in which prescribed details regarding the detention of all children in police cells or lock-ups must be recorded in a manner that entries regarding the detention of children are clearly distinguishable from those of adults. |
| (4) | The register may be examined by any person, as may be prescribed. |
