Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 10 : SentencingPart 2 : Sentencing Options74. Fine or alternatives to fine |
| (1) | A child justice court convicting a child of an offence for which a fine is appropriate must, before imposing a fine— |
| (a) | inquire into the ability of the child or his or her parents, an appropriate person or a guardian to pay the fine, whether in full or in instalments; and |
| (b) | consider whether the failure to pay the fine may cause the child to be imprisoned. |
| (2) | A child justice court may consider the imposition of any of the following options as an alternative to the payment of a fine: |
| (a) | Symbolic restitution to a specified person, persons, group of persons or community, charity or welfare organisation or institution; |
| (b) | payment of compensation to a specified person, persons, group of persons or community, charity or welfare organisation or institution where the child or his or her family is able to afford this; |
| (c) | an obligation on the child to provide some service or benefit to a specified person, persons, group of persons or community, charity or welfare organisation or institution: Provided that an obligation to provide some service or benefit may only be imposed on a child who is 15 years or older; or |
| (d) | any other option that the child justice court considers to be appropriate in the circumstances. |
| (3) | A child justice court that has imposed a sentence in terms of this section must— |
| (a) | request the probation officer concerned to monitor the compliance with the sentence and to provide the court with progress reports, in the prescribed manner, indicating compliance; and |
| (b) | warn the child that any failure to comply with the sentence will result in the child being brought back before the child justice court for an inquiry to be held in terms of section 79. |