(1)
| (a) |
A complaint or observation about an injury sustained or severe psychological trauma suffered by a child referred to in section 28(2) of the Act must be recorded in writing in the form of a report. |
| (b) |
The report referred to in paragraph (a) must contain the following particulars: |
| (i) |
Full particulars of the police official receiving the complaint or making the observation; |
| (ii) |
full particulars of the child; |
| (iii) |
date and time of the arrest of the child; |
| (iv) |
particulars of the person who made the complaint, if not the child; and |
| (v) |
full details of the complaint or observation. |
| (c) |
Upon recording the complaint or observation, the police official must number the complaint or observation with a consecutive number for the year. |
| (d) |
The police official who received the complaint or made the observation must, upon completion of the actions required in terms of this regulation, ensure that the following details are entered in the register referred to in section 28(3) of the Act: |
| (i) |
The number allocated to the complaint; |
| (ii) |
the date on which the complaint was lodged; |
| (iii) |
the nature of the injury sustained or severe psychological trauma suffered; |
| (iv) |
the circumstances surrounding the injury or trauma; |
| (v) |
the signature and particulars of the complainant, |
| (vi) |
the date on which the report was handed to the station commissioner; |
| (vii) |
the particulars of the medical treatment which the child received, if any; |
| (viii) |
the date on which the report referred to in subregulation (1)(a) was submitted to the Provincial Commissioner of Police and a copy thereof to the National Commissioner; |
(ix) the nature of the instructions, if any, given by the Provincial Commissioner of Police; and
| (x) |
the steps taken to comply with the instructions of the Provincial Commissioner of Police. |
[Regulation 21(1)(d) substituted by regulation 1(a) of Notice No. R. 1337, GG 41288, dated 1 December 2017]
| (e) |
The person who lodged the complaint must, for the purposes of future enquiries, be informed of the number allocated to the complaint. |
| (f) |
The person who lodged the complaint or the police official who made the observation must affix his or her signature next to the particulars, referred to in paragraph (d), which have been recorded in the register. |
| (2) |
The police official who recorded the complaint or observation in the register must hand the report to the station commissioner and record the date on which it was done in the register. |
(3)
| (a) |
The station commissioner must, on receipt of the report, investigate the complaint or observation and make the necessary arrangements for appropriate medical treatment, if satisfied that the circumstances referred to in section 28(2)(a) of the Act exist. |
| (b) |
The station commissioner must, after the investigation of the complaint or observation and for the purposes of the report referred to in section 28(2)(b) of the Act, record his or her findings. |
| (c) |
When recording his or her findings the station commissioner must indicate the following: |
| (i) |
The details and the extent of the injuries or conduct indicative of severe trauma; |
| (ii) |
full details of a sexual offence as defined in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), if such an allegation is made; |
| (iii) |
the circumstances surrounding the injury; |
| (iv) |
full details of the medical treatment received by the child, if any; |
| (v) |
if the child did not receive medical treatment, the reasons why; and |
| (vi) |
any action taken or recommendation made regarding the circumstances surrounding the injury or severe trauma. |
| (4) |
The station commissioner must— |
| (a) |
after having investigated the matter and, if necessary, after ensuring that the child received medical treatment, submit the report together with the medical report, if any, to the Provincial Commissioner of Police and a copy thereof to the National Commissioner of Police in an appropriate manner; |
| (b) |
ensure that the Provincial Commissioner of Police has received the report and that the National Commissioner of Police has received a copy of the report; and |
| (c) |
file a copy of the report and its attachments in the docket. |
[Regulation 21(4) substituted by regulation 1(b) of Notice No. R. 1337, GG 41288, dated 1 December 2017]
| (5) |
The Provincial Commissioner of Police has received the report and that the National Commissioner of Police has received a copy of the report; |
[Regulation 21(5) substituted by regulation 1(c) of Notice No. R. 1337, GG 41288, dated 1 December 2017]
(6)
| (a) |
The station commissioner must, upon submission to the Provincial Commissioner of Police of the documents referred to in subregulation (4), submit a copy thereof to the Independent Complaints Directorate, established by section 50(1) of the South African Police Service Act, 1995 (Act No. 68 of 1995). |
| (b) |
The station commissioner may submit the documents in any manner he or she deems fit but must keep proof of the manner of submission. |
[Regulation 21(6) substituted by regulation 1(d) of Notice No. R. 1337, GG 41288, dated 1 December 2017]
Older Persons Act, 2006
