Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 4 : Release or Detention and placement of child prior to sentence and related mattersPart 2 : Placement26. Approach to be followed when considering placement of child |
| (1) | If after due consideration of the options for release of a child in terms of Part 1, a decision is made that the child is to be detained or is to remain in detention a police official or presiding officer must give preference to the least restrictive option possible in the circumstances, as set out in subsections (2) and (3), beginning with the least restrictive option. |
| (2) | Prior to a child's first appearance at a preliminary inquiry within 48 hours after arrest— |
| (a) | a police official must, depending on the age of the child and the alleged offence committed by the child, consider the placement of the child in a suitable child and youth care centre in accordance with section 27(a); or |
| (b) | if placement referred to in paragraph (a) is not appropriate or applicable, a police official must detain the child in a police cell or lock-up, in accordance with section 27(b). |
| (3) | A presiding officer may, at a child's first or subsequent appearance at a preliminary inquiry or thereafter at a child justice court order the detention of a child in— |
| (a) | a child and youth care centre in accordance with section 29; or |
| (b) | prison in accordance with section 30, subject to the limitations set out in that section. |