Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 8 : Diversion57. Monitoring of compliance with diversion order |
| (1) | When making a diversion order, the magistrate referred to in section 42, inquiry magistrate or child justice court must identify a probation officer or other suitable person to monitor the child's compliance with the diversion order. |
| (2) | If a child fails to comply with the diversion order, the probation officer or person identified in terms of subsection (1) must, in the prescribed manner, notify the magistrate, inquiry magistrate or child justice court in writing of the failure. |
| (3) | If it comes to the notice of the magistrate, inquiry magistrate or child justice court that the probation officer or person identified in terms of subsection (1) has failed to monitor the child's compliance with the diversion order or has failed to notify the magistrate, inquiry magistrate or child justice court of the child's failure to comply with the diversion order, the magistrate, inquiry magistrate or child justice court must inquire into the probation officer's or person's failure and if it is found that the failure is due to the fault of the probation officer or person— |
| (a) | in the case of a probation officer or person who is in the employ of the State, the magistrate, inquiry magistrate or child justice court must bring the finding to the attention of the appropriate authority in order to take the necessary action; or |
| (b) | in the case of a person who is not in the employ of the State, the magistrate, inquiry magistrate or child justice court must notify the Director-General:Social Development. |
| (4) | The procedure set out in subsection (3) does not preclude the application of any other remedy in any other law. |
| (5) | The probation officer or other suitable person referred to in subsection (1) must, when a child has successfully complied with a diversion order, submit a prescribed report to the relevant prosecutor. |