| (1) |
If a child fails to comply with any diversion order, the magistrate referred to in section 42, the inquiry magistrate or child justice court may, on being notified of the failure, in the prescribed manner, issue a warrant for the arrest of the child or cause a summons to be issued in respect of the child in terms of section 19, to appear before the magistrate, inquiry magistrate or child justice court. |
| (2) |
When a child appears before the magistrate, inquiry magistrate or child justice court pursuant to a warrant of arrest or summons, the magistrate, inquiry magistrate or child justice court must inquire into the reasons for the child's failure to comply with the diversion order and make a determination whether or not the failure is due to the child's fault. |
| (3) |
If it is found that the failure is not due to the child's fault, the magistrate, inquiry magistrate or child justice court may— |
| (b) |
add or apply any other diversion option; or |
| (c) |
make an appropriate order which will assist the child and his or her family to comply with the diversion option initially applied, with or without altered or additional conditions. |
| (4) |
If it is found that the failure is due to the child's fault— |
| (a) |
the prosecutor, in the case where the matter was diverted by a prosecutor in terms of section 41(1) or at a preliminary inquiry in terms of section 49(1), may decide to proceed with the prosecution, in which case section 49(2) applies with the changes required by the context; |
| (b) |
the child justice court, in the case where the matter was diverted by the court in terms of section 67, may record the acknowledgement of responsibility made by the child as an admission referred to in section 220 of the Criminal Procedure Act and proceed with the trial; or |
| (c) |
the prosecutor or child justice court must, where the matter does not go to trial, decide on another diversion option which is more onerous than the diversion option originally decided on. |
| (5) |
If the prosecutor decides to proceed with the prosecution in terms of subsection (4)(a) in the case of a child who is 12 years old but under the age of 14 years, criminal capacity of that child must be proved in terms of section 11. |
[Section 58(5) inserted by section 19 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]
Older Persons Act, 2006
