Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 3 : Written Notice, Summons and Arrest18. Written notice to appear at preliminary inquiry |
| (1) | A police official may, in respect of a child who is alleged to have committed an offence referred to in Schedule 1, hand to the child a written notice provided for in section 56 of the Criminal Procedure Act, but as amended by this section in respect of children, requiring the child to appear at a preliminary inquiry. |
| (2) | The provisions of section 56(1)(c) of the Criminal Procedure Act relating to an admission of guilt and payment of a fine do not apply to a written notice in terms of this Act. |
(3)
| (a) | A written notice must specify the date, time and place of the preliminary inquiry and be handed to the child in the presence of his or her parent, appropriate person or guardian, in which case both the child and parent, appropriate person or guardian must acknowledge receipt by way of a signature or mark. |
| (b) | In exceptional circumstances, where it is not possible to hand a written notice to the child in the presence of his or her parent, an appropriate person or guardian, the written notice must be handed to the child and a copy must, as soon as circumstances permit, be handed to the parent, appropriate person or guardian, and both the child and parent, appropriate person or guardian must acknowledge receipt by way of a signature or mark. |
| (4) | A police official must, in the prescribed manner— |
| (a) | when handing a written notice to the child, parent, appropriate person or guardian— |
| (i) | inform them of the nature of the allegation against the child; |
| (ii) | inform them of the child's rights; |
| (iii) | explain to them the immediate procedures to be followed in terms of this Act; |
| (iv) | warn the child to appear at the preliminary inquiry on the date, and at the time and place specified in the written notice and to remain in attendance; and |
| (v) | warn the parent, appropriate person or guardian to bring or cause the child to be brought to the preliminary inquiry on the date and at the time and place specified in the written notice and to remain in attendance; and |
| (b) | immediately but not later than 24 hours after handing the written notice to the child, notify the probation officer concerned. |