Older Persons Act, 2006
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 7 : Preliminary Inquiry44. Persons to attend preliminary inquiry |
| (1) | The following persons must, in addition to the inquiry magistrate and prosecutor, attend the preliminary inquiry, subject to subsections (2) and (3): |
| (a) | The child; |
| (b) | the child's parent, an appropriate person or a guardian; and |
| (c) | the probation officer. |
| (2) | If a diversion order is likely to be made, a diversion service provider identified by the probation officer should be present at the preliminary inquiry. |
| (3) | The inquiry magistrate may, subject to section 81, exclude any person from attending the preliminary inquiry if that person's presence is not in the best interests of the child or undermines the inquisitorial nature and objectives of a preliminary inquiry. |
(4)
| (a) | A preliminary inquiry may proceed in the absence of the child's parent, an appropriate person, guardian or the probation officer if the inquiry magistrate is satisfied that to do so would be in the best interests of the child. |
| (b) | An inquiry magistrate who proceeds in the absence of the child's parent, an appropriate person, guardian or probation officer in terms of paragraph (a), must enter the reasons for the decision on the record of the proceedings. |
| (5) | The inquiry magistrate may permit the attendance of any other person who has an interest in attending or who may contribute to the proceedings. |
| (6) | The inquiry magistrate may subpoena or cause to be subpoenaed any person whose presence is necessary at the preliminary inquiry. |
