Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 1 : Definitions, Objects and Guiding Principles of Act1. Definitions |
In this Act, unless the context indicates otherwise—
means acknowledges responsibility for an offence without a formal admission of guilt;
means a person who is 18 years or older but does not include a person referred to in section 4(2);
means any member of a child's family, including a sibling who is 16 years or older, or care-giver referred to in section 1 of the Children's Act;
[Definition substituted by section 1 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
means assessment of a child by a probation officer in terms of Chapter 5;
means any person under the age of 18 years and, in certain circumstances, means a person who is 18 years or older but under the age of 21 years whose matter is dealt with in terms of section 4(2);
means a child and youth care centre referred to in section 191 of the Children's Act;
means any court provided for in the Criminal Procedure Act, dealing with the bail application, plea, trial or sentencing of a child;
means the Children's Act, 2005 (Act No. 38 of 2005);
means the court established under section 42 of the Children's Act;
means work for a community organisation or other work of value to the community performed by a child without payment;
means the Constitution of the Republic of South Africa, 1996;
means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
includes confinement of a child prior to sentence in a police cell or lock-up, prison or a child and youth care centre, providing a programme referred to in section 191(2)(h) of the Children's Act;
means a Director of Public Prosecutions appointed in terms of section 13 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), acting in terms of any policy directives issued under this Act by the National Director of Public Prosecutions, where applicable, or in terms of any other prosecution policy or policy directives referred to in section 21 of the National Prosecuting Authority Act, 1998;
means diversion of a matter involving a child away from the formal court procedures in a criminal matter by means of the procedures established by Chapter 6 and Chapter 8;
means an option referred to in section 53, and includes a diversion programme referred to in section 56;
means a service provider accredited in terms of section 56;
means a guardian referred to in section 1 of the Children's Act;
means a conference referred to in section 61;
for purposes of section 65(6), means a representative from a community or organisation, or community police forum, who is not in the full-time employ of the State and whose name appears on a prescribed list for this purpose, which is to be kept by the magistrate of every district;
means the judicial officer presiding at a preliminary inquiry;
[Definition deleted by section 25(1) of Act No. 39 of 2014]
means the entity referred to in section 2 of the Legal Aid South Africa Act, 2014;
[Definition amended by section 25(1) of Act No. 39 of 2014]
means a medical practitioner referred to in section 1 of the Children's Act;
means the person appointed in terms of section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);
means a centre established in terms of section 89;
means any place which is used for the reception, detention or confinement of a person who is in custody of the South African Police Service or who is being detained by the South African Police Service, and includes all land, buildings and premises adjacent to any such place and used in connection therewith;
means a member of the South African Police Service or of a municipal police service established in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995);
means an inquiry referred to in Chapter 7;
means prescribed by regulation made under section 97;
means an inquiry magistrate or a judicial officer presiding at a child justice court;
means a prison as defined in the Correctional Services Act, 1998 (Act No. 111 of 1998);
means any person who has been appointed as a probation officer under section 2 of the Probation Services Act, 1991 (Act No. 116 of 1991);
means an approach to justice that aims to involve the child offender, the victim, the families concerned and community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent a recurrence of the incident and promoting reconciliation;
means a person with standing in the community who has a special relationship with the child, identified by the probation officer to act in the best interests of the child;
means the giving of an object owned, made or bought by a child or the provision of any service to a specified person, persons, group of persons or community, charity or welfare organisation or institution as symbolic compensation for the harm caused by that child;
includes any regulation made under section 97;
means a procedure referred to in section 62.