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 Detention25. Release of child on bail |
| (1) | Chapter 9 of the Criminal Procedure Act applies to an application for the release of a child on bail, except for section 59 and section 59A, to the extent set out in section 21(2)(b). |
| (2) | An application for the release of a child, referred to in section 21(3)(c), on bail, must be considered in the following three stages: |
| (a) | Whether the interests of justice permit the release of the child on bail; and |
| (b) | if so, a separate inquiry must be held into the ability of the child and his or her parent, an appropriate person or guardian to pay the amount of money being considered or any other appropriate amount; and |
| (c) | if after an inquiry referred to in paragraph (b), it is found that the child and his or her parent, an appropriate person or guardian are— |
| (i) | unable to pay any amount of money, the presiding officer must set appropriate conditions that do not include an amount of money for the release of the child on bail; or |
| (ii) | able to pay an amount of money, the presiding officer must set conditions for the release of the child on bail and an amount which is appropriate in the circumstances. |