Employment of Educators Act, 1998
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 7 : Preliminary Inquiry48. Postponement of preliminary inquiry |
| (1) | The inquiry magistrate may, subject to subsections (2) and (4), postpone the proceedings of a preliminary inquiry for a period not exceeding 48 hours— |
| (a) | in the case where the child is in detention and the prosecutor indicates that diversion is being considered but an assessment has not been done and is required; |
| (b) | if it is necessary in order to— |
| (i) | secure the attendance of a person essential for the conclusion of the inquiry; |
| (ii) | obtain information essential for the conclusion of the inquiry; |
| (iii) | establish the views of the victim regarding diversion and the diversion option being considered; |
| (iv) | make arrangements in respect of a diversion option; |
| (v) | find alternatives to detention; or |
| (vi) | assess the child, where no assessment has previously been undertaken; or |
| (c) | for the purposes of further investigation of the matter. |
| (2) | The proceedings of a preliminary inquiry may be postponed for a further period not exceeding 48 hours, in addition to the period referred to in subsection (1) if the postponement is likely to increase the prospects of diversion, after which the preliminary inquiry, if it has not been concluded must, subject to subsection (4), be closed and the prosecutor must refer the matter to a child justice court to be dealt with in terms of Chapter 9. |
| (3) | If the proceedings of a preliminary inquiry are postponed in terms of subsection (1)(c) in order to note a confession or an admission or hold an identity parade or a pointing-out, the inquiry magistrate must inform the child of the right to have a parent, an appropriate person, guardian or a legal representative present during those proceedings. |
| (4) | An inquiry magistrate may postpone the proceedings of a preliminary inquiry for a period not exceeding 14 days— |
| (a) | if a probation officer has, in terms of section 40(1)(g), recommended that a further and more detailed assessment of the child be undertaken or makes a recommendation to that effect during the course of the preliminary inquiry and the inquiry magistrate is satisfied that there are reasons justifying such an assessment; or |
| (b) | in order to obtain the written indication from the Director of Public Prosecutions having jurisdiction for the diversion of the matter in terms of section 52(3). |
| (5) | The proceedings of a preliminary inquiry may be postponed for a period determined by the inquiry magistrate in the case where— |
| (a) | the child is in need of medical treatment for illness, injury or severe psychological trauma; or |
| (b) | the child has been referred for a decision relating to mental illness or defect in terms of section 77 or 78 of the Criminal Procedure Act. |
| (6) | Section 50(1)(d) of the Criminal Procedure Act applies in relation to the period of 48 hours as provided for in this section. |
