Special Investigating Units and Special Tribunals Act, 1996
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 9 : Trial in Child Justice Court63. Child justice courts and conduct of trials involving children |
| (1) |
| (a) | Any child whose matter has been referred to the child justice court in terms of section 49(2), must appear before a court with the requisite jurisdiction to be dealt with in terms of this Chapter. |
| (b) | A child justice court must apply the relevant provisions of the Criminal Procedure Act relating to plea and trial of accused persons, as extended or amended by the provisions as set out in this Chapter and Chapter 10. |
| (2) | Where a child and an adult are charged together in the same trial in respect of the same set of facts in terms of sections 155, 156 and 157 of the Criminal Procedure Act, a court must apply the provisions of— |
| (a) | this Act in respect of the child; and |
| (b) | the Criminal Procedure Act in respect of the adult. |
| (3) | Before plea in a child justice court, the presiding officer must, in the prescribed manner— |
| (a) | inform the child of the nature of the allegations against him or her; |
| (b) | inform the child of his or her rights; and |
| (c) | explain to the child the further procedures to be followed in terms of this Act. |
| (4) | A child justice court must, during the proceedings, ensure that the best interests of the child are upheld, and to this end— |
| (a) | may elicit additional information from any person involved in the proceedings; and |
| (b) | must, during all stages of the trial, especially during cross-examination of a child, ensure that the proceedings are fair and not unduly hostile and are appropriate to the age and understanding of the child. |
| (5) | No person may be present at any sitting of a child justice court, unless his or her presence is necessary in connection with the proceedings of the child justice court or the presiding officer has granted him or her permission to be present. |
| (6) | Section 154(3) of the Criminal Procedure Act applies with the changes required by the context regarding the publication of information. |
