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Child Justice Act, 2008 (Act No. 75 of 2008)

Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to age

Part 1 : Application of Act

5. Manner of dealing with children who are alleged to have committed offences

 

(1) Every child who is alleged to have committed an offence and is under the age of 12 years, must be referred to a probation officer to be dealt with in terms of section 9.

[Section 5(1) substituted by section 3 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]

 

(2) Every child who is 12 years or older, who is alleged to have committed an offence and who is required to appear at a preliminary inquiry in respect of that offence must, before his or her first appearance at the preliminary inquiry, be assessed by a probation officer, unless assessment is dispensed with in terms of section 41(3) or 47(5).

[Section 5(2) substituted by section 3 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]

 

(3) A preliminary inquiry must be held in respect of every child referred to in subsection (2) after he or she has been assessed, except where the matter—
(a) has been diverted in accordance with Chapter 6;
(b) involves a child who is 12 years or older but under the age of 14 years where criminal capacity is not likely to be proved, as provided for in section 10(2)(b); or
(c) has been withdrawn.

[Section 5(3) substituted by section 3 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]

 

(4)        

(a) A matter in respect of a child referred to in subsection (2) may be considered for diversion—
(i) by a prosecutor in accordance with Chapter 6; or
(ii) at a preliminary inquiry in accordance with Chapter 7.
(b) A matter which is for any reason not diverted in terms of paragraph (a) must, unless the matter has been withdrawn or referred to a children's court, be referred to a child justice court for plea and trial in terms of Chapter 9.
(c) A matter in respect of a child referred to in paragraph (b) may, before the conclusion of the case for the prosecution, be considered for diversion by a child justice court in terms of Chapter 9.