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

Regulations

Regulations relating to Child Justice

Chapter 6 : Preliminary Inquiry

28. Procedure relating to holding of preliminary enquiry

 

(1)

(a) The  presiding officer  must, at the start of the preliminary inquiry, inform the child about and explain to the child, the matters referred to in section 47(2) of the Act—
(i) in a language of his or her choice or through an interpreter;
(ii) in plain language by using simple vocabulary and by avoiding technical terms; and
(iii) in a manner appropriate to the age, maturity and stage of development of the child.
(b) The presiding officer must, when informing the child about or explaining to the child, the matters  in question—
(i) give enough detail so that the child understands the information;
(ii) allow sufficient time so that the child can absorb the information;
(iii) encourage and allow the child to ask questions and express his or her views;
(iv) elicit responses from the child by asking questions in order to ensure that he or she understands the information;
(v) ensure that the atmosphere  is conducive to participation by the child and the parent, appropriate person or guardian; and
(vi) be sensitive to the needs of the child and the fact that the child may be confused and may be experiencing anxiety and may feel intimidated.

 

(2) The proceedings at the preliminary inquiry must be conducted in a manner that sets the child at ease.

 

(3) The child should be treated with care and understanding.