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

Regulations

Regulations relating to Child Justice

Chapter 8 : Trial in Child Justice Court

37. Duty of presiding officer before plea in child justice court

 

(1)

(a) A presiding officer must inform the child of and explain to the child, the matters referred to in section 63(3) of the Act—
(i) in the language  of  the child's choice or through an interpreter;
(ii) in plain language, using simple vocabulary and avoiding technical words; and
(iii) in a manner appropriate to the age, maturity, stage of development of the child and the special needs of the child.
(b) A presiding officer, when acting in terms of section 63(3) of the Act, must—
(i) treat the child with care;
(ii) set the child and the parent, appropriate person or guardian at ease;
(iii) give enough detail about the matters;
(iv) allow sufficient time so that the child can absorb the information;
(v) encourage and allow the child to ask questions;  and
(vi) elicit responses from the child by asking questions in order to ensure that the child understands the information.