| (1) |
A police official who has arrested a child to secure his or her attendance at a preliminary inquiry must, when acting in terms of section 20(3)(a) to (c) of the Act, comply with regulation 16(2) to (5),with the necessary changes required by the context. |
(2)
| (a) |
A police official who has arrested a child must notify the child's parent, appropriate person or guardian of the arrest and give enough information relating to— |
| (i) |
the alleged offence for which the child was arrested; |
| (ii) |
the date and time of arrest of the child; |
| (iii) |
the circumstances surrounding the arrest; |
| (iv) |
the place where the child is detained; |
| (v) |
the procedures regarding the release of a child; |
| (vi) |
the date on which the child will appear at the preliminary enquiry; and |
| (vii) |
the place where the child will appear, |
to ensure that the persons are fully informed of the circumstances.
| (b) |
A police official must, after notifying the child's parent, appropriate person or guardian in terms of paragraph (a) hand to the parent, appropriate person or guardian an information note containing— |
| (i) |
the information, explanations and warnings referred to in section 20(3) of the Act; |
| (ii) |
the information referred to in subregulation (2)(a)(iv) to (vii); |
| (iii) |
the name and contact particulars of the police official who arrested the child; |
| (iv) |
the name of the police station where the police official is stationed; |
| (v) |
the name and contact particulars of the designated probation officer; and |
| (vi) |
the name and age of the child. |
(3)
| (a) |
A written report to a presiding officer referred to in section 20(3)(d) of the Act by a police official who was unable to inform the child's parent, appropriate person or guardian of the arrest, must contain the following information: |
| (i) |
The particulars of the child; |
| (ii) |
the date and time of arrest; |
| (iii) |
the alleged offence; |
| (iv) |
the place of detention; |
| (v) |
particulars of the parent, appropriate person or guardian, if known; |
| (vi) |
full details of the attempts made to notify the parent, appropriate person or guardian, including the manner and the time each attempt was made; and |
| (vii) |
reasons as to why the police official was unable to notify the parent, appropriate person or guardian. |
| (b) |
The police official must sign the written report. |
(4)
| (a) |
A police official must, after a child has been arrested, in terms of section 20(4)(a) of the Act, inform the designated probation officer of the arrest in writing. |
| (b) |
The notice to the designated probation officer in terms of paragraph (a) must contain the following information: |
| (i) |
The particulars of the police official; |
| (ii) |
the particulars of the child; |
| (iii) |
the date and time of the arrest; |
| (iv) |
the alleged offence; |
| (v) |
the police station or place where the child is detained; and |
| (vi) |
the name, address and contact particulars of the parent, appropriate person or guardian. |
| (c) |
The police official must sign the notice to the designated probation officer. |
| (ii) |
submitted electronically; or |
| (iii) |
submitted by facsimile, |
to the designated probation officer.
| (e) |
A police official who notifies the designated probation officer electronically or by facsimile must ensure that the designated probation officer has received the notice. |
| (5) |
The written report to the inquiry magistrate referred to in section 20(4)(b) of the Act must contain— |
| (a) |
the particulars of the designated probation officer; |
| (b) |
particulars of the child; |
| (c) |
the date and time of arrest; |
| (e) |
the police station or place where the child is detained; |
| (f) |
full details of the attempts made to notify the designated probation officer, including the manner and time each attempt was made; and |
| (g) |
reasons as to why the police official was unable to notify the designated probation officer. |
Gas Regulator Levies Act, 2002
