Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 4 : Release or Detention and placement of child prior to sentence and related mattersPart 3 : Factors to be taken into account by Presiding Officer regarding further detention and placement and conditions of detention at Preliminary Inquiry or Child Justice Court33. Conditions of detention at preliminary inquiry or child justice court |
| (1) | No child may be subjected to the wearing of leg-irons when he or she appears at a preliminary inquiry or child justice court, and handcuffs may only be used if there are exceptional circumstances warranting their use. |
(2)
| (a) | A child held in a police cell or lock-up while waiting to appear at a preliminary inquiry or child justice court must be kept separately from adults and be treated in a manner and kept in conditions which take account of his or her age. |
| (b) | Girls must be kept separately from boys and must be under the care of an adult female. |
| (c) | Where a child is transported to or from a preliminary inquiry or child justice court, the child must be transported separately from adults: Provided that where it is not possible to comply, the police official must, within 48 hours, submit a prescribed written report to the presiding officer, furnishing reasons for non-compliance. |