| (a) | is an informal pre-trial procedure which is inquisitorial in nature; and |
| (b) | may be held in a court or any other suitable place. |
| (2) | The objectives of a preliminary inquiry are to— |
| (a) | consider the assessment report of the probation officer, with particular reference to— |
| (i) | the age estimation of the child, if the age is uncertain; and |
| (iii) | whether a further and more detailed assessment of the child is needed as referred to in section 40(1)(g); |
[Section 43(2)(a) substituted by section 16(a) of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
| (b) | establish whether the matter can be diverted before plea; |
| (c) | identify a suitable diversion option, where applicable; |
| (e) | ensure that all available information relevant to the child, his or her circumstances and the offence are considered in order to make a decision on diversion and placement of the child; |
| (f) | ensure that the views of all persons present are considered before a decision is taken; |
| (g) | encourage the participation of the child and his or her parent, an appropriate person or a guardian in decisions concerning the child; and |
| (h) | determine the release or placement of a child, pending— |
| (i) | the conclusion of the preliminary inquiry; |
| (iii) | the referral of the matter to a children's court, where applicable. |
| (a) | A preliminary inquiry must be held in respect of every child who is alleged to have committed an offence, except where— |
| (i) | the matter has been diverted by a prosecutor in terms of Chapter 6; |
| (ii) | the child is under the age of 12 years; or |
| (iii) | the matter has been withdrawn. |
[Section 43(3)(a) substituted by section 16(b) of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
| (b) | A preliminary inquiry referred to in paragraph (a) must be held— |
| (i) | within 48 hours of arrest as provided for in section 20(5) if a child is arrested and remains in detention; or |
| (ii) | within the time periods specified in a written notice in terms of section 18 or a summons in terms of section 19. |
| (c) | A child's appearance at a preliminary inquiry is regarded as his or her first appearance before a lower court, in terms of section 50 of the Criminal Procedure Act. |
