| (1) |
The probation officer must complete an assessment report in the prescribed manner with recommendations on the following issues, where applicable: |
| (d) |
if it is likely that the child could be detained after the first appearance at the preliminary inquiry, the placement of the child in a specified child and youth care centre or prison in terms of section 29 or 30; |
| (e) |
in the case of a child under the age of 12 years, establish what measures need to be taken in terms of section 9; |
[Section 40(1)(e) substituted by section 14(a) 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]
| (f) |
[Section 40(1)(f) deleted by section 14(b) 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] |
| (g) |
whether a further and more detailed assessment of the child is required in order to consider the circumstances referred to in subsection (3); and |
| (h) |
an estimation of the age of the child if this is uncertain, as provided for in section 13. |
| (2) |
A recommendation referred to in subsection (1)(d) relating to the placement of the child in a child and youth care centre must be supported by current and reliable information in a prescribed form, obtained by the probation officer from the functionary responsible for the management of the centre regarding— |
| (a) |
the availability or otherwise of accommodation for the child in question; and |
| (b) |
the level of security, amenities and features of the centre. |
| (3) |
A recommendation referred to in subsection (1)(g) may be made in one or more of the following circumstances: |
| (a) |
The possibility that the child may be a danger to others or to himself or herself; |
| (b) |
the fact that the child has a history of repeatedly committing offences or absconding; |
| (c) |
where the social welfare history of the child warrants a further assessment; and |
| (d) |
the possibility that the child may be admitted to a sexual offenders' programme, substance abuse programme or other intensive treatment programme. |
| (4) |
The probation officer must indicate in the assessment report whether or not the child intends to acknowledge responsibility for the alleged offence. |
| (5) |
The report referred to in subsection (1) must be submitted to the prosecutor before the commencement of a preliminary inquiry, with due regard to the time periods referred to in section 43(3)(b). |
Older Persons Act, 2006
