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 Age14. Age determination by inquiry magistrate or child justice court |
| (1) | If, during a preliminary inquiry or during proceedings before a child justice court, the age of a child at the time of the commission of the alleged offence is uncertain, the presiding officer must determine the age of the child. |
| (2) | In order to determine the age of a child, a presiding officer may— |
| (a) | consider the form and any documentation submitted by the probation officer in terms of section 13(3); |
| (b) | require any relevant documentation, information or statement from any person; |
| (c) | subpoena any person to produce the documentation, information or statements referred to in paragraph (b); or |
| (d) | if necessary, refer the child to a medical practitioner, in the prescribed manner, for an estimation of age. |
(3)
| (a) | The presiding officer must enter the age determined in terms of subsection (1) into the record of the proceedings as the age of the child. |
| (b) | Should evidence to the contrary emerge, the presiding officer must alter the record to reflect the correct age. |