Older Persons Act, 2006
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 : Placement29. Placement in a child and youth care centre |
| (1) | A presiding officer may order the detention of a child who is alleged to have committed any offence in a specified child and youth care centre. |
| (2) | When a presiding officer must decide whether to place a child in a child and youth care centre referred to in subsection (1), consideration must be given to the following factors: |
| (a) | The age and maturity of the child; |
| (b) | the seriousness of the offence in question; |
| (c) | the risk that the child may be a danger to himself, herself or to any other person or child in the child and youth care centre; |
| (d) | the appropriateness of the level of security of the child and youth care centre when regard is had to the seriousness of the offence allegedly committed by the child; and |
| (e) | the availability of accommodation in an appropriate child and youth care centre. |
| (3) | Whenever a presiding officer is required to make a decision in terms of subsection (1), the presiding officer must consider the information referred to in section 40(2). |
| (4) | Where the information referred to in subsection (3) is, for any reason, not available, called into question or no longer current, the presiding officer may request the functionary responsible for the management of a child and youth care centre to furnish a prescribed sworn statement in respect of— |
| (a) | the availability or otherwise of accommodation for the child in question; and |
| (b) | all other available information relating to the level of security, amenities and features of the centre. |
