| (1) | Every child who is alleged to have committed an offence and is under the age of 12 years, must be referred to a probation officer to be dealt with in terms of section 9. |
[Section 5(1) substituted by section 3 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]
| (2) | Every child who is 12 years or older, who is alleged to have committed an offence and who is required to appear at a preliminary inquiry in respect of that offence must, before his or her first appearance at the preliminary inquiry, be assessed by a probation officer, unless assessment is dispensed with in terms of section 41(3) or 47(5). |
[Section 5(2) substituted by section 3 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]
| (3) | A preliminary inquiry must be held in respect of every child referred to in subsection (2) after he or she has been assessed, except where the matter— |
| (a) | has been diverted in accordance with Chapter 6; |
| (b) | involves a child who is 12 years or older but under the age of 14 years where criminal capacity is not likely to be proved, as provided for in section 10(2)(b); or |
[Section 5(3) substituted by section 3 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]
(4)
| (a) | A matter in respect of a child referred to in subsection (2) may be considered for diversion— |
| (i) | by a prosecutor in accordance with Chapter 6; or |
| (ii) | at a preliminary inquiry in accordance with Chapter 7. |
| (b) | A matter which is for any reason not diverted in terms of paragraph (a) must, unless the matter has been withdrawn or referred to a children's court, be referred to a child justice court for plea and trial in terms of Chapter 9. |
| (c) | A matter in respect of a child referred to in paragraph (b) may, before the conclusion of the case for the prosecution, be considered for diversion by a child justice court in terms of Chapter 9. |
