Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 5 : Assessment of Child39. Powers and duties of probation officer at assessment |
| (1) | The probation officer must— |
| (a) | explain the purpose of the assessment to the child; |
| (b) | inform the child of his or her rights in the prescribed manner; |
| (c) | explain to the child the immediate procedures to be followed in terms of this Act; and |
| (d) | inquire from the child whether or not he or she intends acknowledging responsibility for the offence in question. |
| (2) | The probation officer may, at any stage during the assessment of a child, consult with any person who may provide information necessary for the assessment, including a prosecutor, police official or diversion service provider. |
| (3) | The probation officer may, at any stage during the assessment, consult privately with any person present. |
| (4) | The probation officer may consult any person who is not at the assessment and who has any information relating to the assessment, but if additional information is obtained, the child must be informed accordingly. |
| (5) | Where a child is accused with another child or other children, the probation officer may conduct the assessment of the children simultaneously if this will be in the best interests of all the children concerned. |
| (6) | The probation officer must encourage the participation of the child during the assessment. |