Special Investigating Units and Special Tribunals Act, 1996
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 8 : Diversion61. Family group conference |
| (1) |
| (a) | A family group conference is an informal procedure which is intended to bring a child who is alleged to have committed an offence and the victim together, supported by their families and other appropriate persons and, attended by persons referred to in subsection (3)(b), at which a plan is developed on how the child will redress the effects of the offence. |
| (b) | A family group conference may only take place if both the victim and the child consent. |
| (2) | If a child has been ordered to appear at a family group conference, a probation officer appointed by the magistrate referred to in section 42, an inquiry magistrate or a child justice court must, within 21 days after the order, convene the conference by— |
| (a) | setting the date, time and place of the conference; and |
| (b) | taking steps to ensure that all persons who may attend the conference are timeously notified of the date, time and place of the conference. |
(3)
| (a) | The family group conference must be facilitated by a family group conference facilitator, who may be a probation officer or a diversion service provider referred to in section 56(1). |
| (b) | A family group conference may be attended by the following persons: |
| (i) | The child and his or her parent, an appropriate person or a guardian; |
| (ii) | any person requested by the child; |
| (iii) | the victim of the alleged offence, his or her parent, an appropriate person or a guardian, where applicable, and any other support person of the victim's choice; |
| (iv) | the probation officer; if he or she is not the family group conference facilitator; |
| (v) | the prosecutor; |
| (vi) | any police official; |
| (vii) | a member of the community in which the child normally resides, as determined by the family group conference facilitator; and |
| (viii) | any person authorised by the family group conference facilitator to attend the conference. |
| (4) | If a family group conference fails to take place on the date and at the time and place set for the conference, the probation officer must convene another conference, as provided for in this section, within 21 days from the date on which it was to take place. |
| (5) | Participants in a family group conference must follow the procedure agreed on by them and may agree to a plan in respect of the child, in accordance with subsection (6). |
| (6) | A plan referred to in subsection (5)— |
| (a) | may include— |
| (i) | the application of any option contained in section 53(3); or |
| (ii) | any other action appropriate to the child, his or her family and local circumstances, which is consistent with the principles contained in this Act; and |
| (b) | must— |
| (i) | specify the objectives for the child and the period within which they are to be achieved; |
| (ii) | contain details of the services and assistance to be provided to the child and a parent, an appropriate person or a guardian; |
| (iii) | specify the persons or organisations to provide the required services and assistance; |
| (iv) | state the responsibilities of the child and of the child's parent, an appropriate person or a guardian; |
| (v) | state personal objectives for the child and for the child's parent, an appropriate person or a guardian; |
| (vi) | include any other matters relating to the education, employment, recreation and welfare of the child as are relevant; and |
| (vii) | include a mechanism to monitor the plan. |
(7)
| (a) | The family group conference facilitator must record the details of and reasons for any plan agreed to at the family group conference and must furnish a copy of the record to the child and to the probation officer or person referred to in section 57(1). |
| (b) | In the event of the conference not taking place or the child failing to comply with the plan agreed to at the family group conference, the probation officer or person must notify the magistrate, inquiry magistrate or child justice court in writing of the failure, in which case section 58 applies. |
| (8) | If the participants in a family group conference cannot agree on a plan, the conference must be closed and the probation officer must refer the matter back to the magistrate, inquiry magistrate or child justice court for consideration of another diversion option. |
| (9) | No information furnished by the child at a family group conference may be used in any subsequent criminal proceedings arising from the same facts. |
