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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Regulations

Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor's Referral of Suspected Victims of Trafficking in Persons, 2015

2. Referral of children and adult persons suspected of being victims of trafficking in terms of section 22(2)(b) of the Act

 

When a prosecutor, during the criminal prosecution of a person, suspects that that person is a victim of trafficking referred to in section 22(2) of the Act and the court has granted a postponement as provided for in section 22(2)(a) of the Act, the prosecutor must without delay—

(a) complete a referral form which must correspond substantially with the Form in the Annexure;
(b) forward that referral form by facsimile or e-mail to a designated facsimile number or e-mail address in the office of the provincial department of social development indicated in the referral form;
(c) if the person concerned is escorted by a police official or a social worker of a designated child protection organisation or an organisation which provides services to adult persons, hand a copy of the referral form to that police official or social worker;
(d) provide a copy of the referral form to the person concerned;
(e) file the sent form and proof of sending and the acknowledgement of receipt of the form in the B-section of the case docket; and
(f) record or cause to be recorded each step taken in terms of this regulation in the investigating diary of the case docket.