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

Regulations

Regulations relating to Child Justice

Chapter 9 : Sentencing

45. Manner of taking child to Child and Youth Care Centre for sentence of compulsory residence

 

(1)

(a) The investigating police official must, if a child has been sentenced to compulsory residence in terms of section 76 of the Act—
(i) make the necessary arrangements to ensure that the child is taken to the child and youth care centre; and
(ii) ensure, if necessary, that the child is accompanied by a social worker, social service professional or child and youth care worker as defined in the Children's Act or an escort.
(b) The persons who take or accompany the child to the centre must, if reasonably possible, include somebody of the same sex as the child.

 

(2) A child must be transported—
(a) in a manner that ensures proper control over the child;
(b) using the least invasive means to control the child and with due regard to the child's right to bodily integrity;
(c) in a manner that takes into account the safety and security of the child and members of society;
(d) in a manner that takes into account the age, dignity and level of maturity of the child;
(e) in a manner that is appropriate to the nature of the offence of which the child has been convicted;
(f) in any vehicle other than a marked police vehicle; and
(g) in the cabin of a vehicle and not in the back.

 

(3)

(a) The person responsible for transporting the child must, when a long distance has to be travelled to the centre, ensure that the child is allowed reasonable breaks and has access to water, food and, if necessary, overnight accommodation.
(b) The person responsible for the transporting of the child must at all times ensure that he or she has proper control over the child without humiliating the child in public.

 

(4) The person transporting the child must hand the child to the person in charge of the centre specified in the order and provide the person with the court order.