Traditional Health Practitioners Act, 2007
R 385
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)RegulationsCriminal Law (Sexual Offences and Related Matters) RegulationsAnnexuresAnnexure A : Forms: Services for victims of sexual offences and compulsory HIV testing of alleged sex offendersPart I of Regulations: Services for Victims of Sexual Offences and Compulsory HIV Testing of Alleged OffendersForm 6 : Order by magistrate for HIV testing of alleged offender on application by investigating officer |
FORM 6
[Regulation 6(5)]
ORDER BY MAGISTRATE FOR HIV TESTING OF ALLEGED OFFENDER ON APPLICATION BY INVESTIGATING OFFICER
Section 32 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act)
(To be completed by the magistrate considering the application)
IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF .............................. HELD AT:
...............................................................................................................................................
CASE NO: ..................................................................................................................
DATE APPLICATION CONSIDERED: .............................................................................
| 1. | PARTICULARS OF VICTIM |
Initials and surname: ....................................................................................................
Any other surnames: ....................................................................................................
Date of birth: ................................................................................................................
Age: ..............................................................................................................................
| 2. | PARTICULARS OF ALLEGED OFFENDER CHARGED WITH COMMITTING SEXUAL OFFENCE OR OFFENCE AS DEFINED IN SECTION 27 OF THE ACT |
Full names and surname: ..............................................................................................
Any other surnames: ....................................................................................................
Date of birth: ................................................................................................................
Age: .............................................................................................................................
Identity number/passport number: ..............................................................................
| 3. | ORDER BY THE COURT |
After consideration of the application in terms of section 32 of the Act by the investigating officer, I am *satisfied/*not satisfied that there is prima facie evidence that—
| (a) | a sexual offence or offence as defined in section 27 of the Act has been committed by the offender; and |
| (b) | HIV testing would appear to be necessary for purposes of investigating or prosecuting the offence. |
*Delete whichever is not applicable
THEREFORE THE FOLLOWING ORDER IS MADE:
| *(a) | The application is dismissed. |
| *(b) | The application is granted for— |
| (i) | the collection on the same occasion from the alleged offender of two blood specimens; |
| (ii) | the performance on the blood specimens of one or more HIV tests as are reasonably necessary to determine the presence or absence of HIV infection in the alleged offender; and |
| (iii) | the disclosure of the HIV test results— |
| (aa) | by the health establishment to the investigating officer in the manner prescribed in regulation 8 of the Regulations; or |
| (bb) | by the investigating officer to the prosecutor who needs to know the results for purposes of the prosecution of the matter in question or any other court proceedings as contemplated in section 32 read with section 66 of the Act; and |
| (cc) | by the investigating officer to the alleged offender, if the results have not already been made available to him or her as contemplated in section 30(1)(a)(i) of the Act in the manner prescribed in regulation 6(8)(a)(iii) of the Regulations. |
| *(c) | The HIV test results of the alleged offender obtained as a result of an application by a victim or interested person in terms of section 30 of the Act must be disclosed to the investigating officer. |
*Delete whichever is not applicable
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OFFICIAL STAMP
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| ..................................................... | .................................... |
| SIGNATURE OF MAGISTRATE | DATE |
