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 : Placement30. Placement in a prison |
| (1) | A presiding officer may only order the detention of a child in a specified prison, if— |
| (a) | an application for bail has been postponed or refused or bail has been granted but one or more conditions have not been complied with; |
| (b) | the child is 14 years or older; |
| (c) | the child is accused of having committed an offence referred to in Schedule 3; |
| (d) | the detention is necessary in the interests of the administration of justice or the safety or protection of the public or the child or another child in detention; and |
| (e) | there is a likelihood that the child, if convicted, could be sentenced to imprisonment. |
| (2) | A child who is 14 years or older but under the age of 16 years may only be detained in a prison if, in addition to the factors referred to in subsection (1)(a), (c), (d) and (e), the Director of Public Prosecutions or a prosecutor authorised thereto in writing by him or her issues a certificate which confirms that there is sufficient evidence to institute a prosecution against the child for an offence referred to in Schedule 3 and is charging the child with the offence. |
| (3) | Before a decision is made to detain or further detain a child in prison, the presiding officer must consider any recommendations relating to placement in the probation officer's assessment report, the information referred to in section 40(2) and any relevant evidence placed before him or her, including evidence, where applicable, in respect of— |
| (a) | the best interests of the child; |
| (b) | the child's state of health; |
| (c) | previous convictions, previous' diversions or charges pending against the child; |
| (d) | the risk that the child may be a danger to himself, herself or to any other person or child in a child and youth care centre; |
| (e) | any danger that the child may pose to the safety of members of the public; |
| (f) | whether the child can be placed in a child and youth care centre, which complies with the appropriate level of security; |
| (g) | the risk of the child absconding from a child and youth care centre; |
| (h) | the probable period of detention until the conclusion of the matter; |
| (i) | any impediment to the preparation of the child's defence or any delay in obtaining legal representation which may be brought about by the detention of the child; |
| (j) | the seriousness of the offence in question; or |
| (k) | any other relevant factor. |
| (4) | A presiding officer ordering the detention of a child in prison in terms of this section must direct that the child be brought before him or her or any other court every 14 days to reconsider the order. |
(5)
| (a) | A presiding officer may order the detention of a child who is alleged to have committed an offence referred to in Schedule 1 or 2 in a prison instead of a child and youth care centre, if he or she, in addition to the factors referred to in subsections (1) and (3), finds substantial and compelling reasons, including any relevant serious previous convictions or any relevant pending serious charges against the child, provided that the child is 14 years or older. |
| (b) | A presiding officer who makes an order to place a child in a prison in terms of paragraph (a), must enter the reasons for the decision on the record of the proceedings. |