Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to agePart 3 : Age Estimation, Age Determination and Error Regarding Age13. Age estimation by probation officer |
| (1) | If, during an assessment of a child in terms of Chapter 5, the age of the child, at the time of the commission of the alleged offence, is uncertain, the probation officer must make an estimation of the child's age and must complete the prescribed form. |
| (2) | In making the estimation, the probation officer must consider any available information, including the following: |
| (a) | A previous determination of age by a magistrate under this Act or under the Criminal Procedure Act or an estimation of age in terms of the Children's Act; |
| (b) | statements made by a parent, an appropriate person, guardian or any other person, including a religious or community leader, likely to have direct knowledge of the age of the child; |
| (c) | a statement made by the child concerned; |
| (d) | a school registration form, school report, other document of a similar nature, a baptismal or other similar religious certificate; or |
| (e) | an estimation of age by a medical practitioner. |
| (3) | The probation officer must submit the estimation on the prescribed form, together with any relevant documentation to the inquiry magistrate before the child's appearance at a preliminary inquiry. |
| (4) | Should evidence to the contrary emerge at any stage before sentence, the estimation of age by a probation officer in terms of this section may be altered and a different estimation of age may be recorded. |