Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 4 : Release or Detention and placement of child prior to sentence and related mattersPart 1 : Release or Detention21. Approach to be followed when considering release or detention of child after arrest |
| (1) | When considering the release or detention of a child who has been arrested, preference must be given to releasing the child, as set out in subsections (2) and (3). |
| (2) | Prior to the child's first appearance at a preliminary inquiry— |
| (a) | a police official must, in respect of an offence referred to in Schedule 1, where appropriate, release a child on written notice into the care of a parent, an appropriate person or guardian in terms of section 18, read with section 22; or |
| (b) | a prosecutor may, in respect of an offence referred to in Schedule 1 or 2, authorise the release of a child on bail in terms of section 25, read with section 59A of the Criminal Procedure Act, in which case the reference to Schedule 7 in section 59A of that Act is to be regarded as a reference to Schedule 2 of this Act. |
| (3) | A presiding officer may, at a child's first appearance at a preliminary inquiry or thereafter at a child justice court— |
| (a) | in respect of any offence, release a child into the care of a parent, an appropriate person or guardian in terms of section 24(2)(a); |
| (b) | in respect of an offence referred to in Schedule 1 or 2, release a child on his or her own recognisance in terms of section 24(2)(b); or |
| (c) | if a child is not released from detention in terms of paragraph (a) or (b), release the child on bail in terms of section 25. |