Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 12 : Appeals and Automatic Review of certain convictions and sentences85. Automatic review in certain cases |
| (1) | The provisions of Chapter 30 of the Criminal Procedure Act dealing with the review of criminal proceedings in the lower courts apply in respect of all children convicted in terms of this Act: Provided that if a child was, at the time of the commission of the alleged offence— |
| (a) | under the age of 16 years; or |
| (b) | 16 years or older but under the age of 18 years, and has been sentenced to any form of imprisonment that was not wholly suspended, or any sentence of compulsory residence in a child and youth care centre providing a programme provided for in section 191(2)(j) of the Children's Act, |
the sentence is subject to review of section 304 of the Criminal Procedure Act by a judge of the High Court having jurisdiction, irrespective of the duration of the sentence.
| (2) | The provisions of subsection (1) do not apply if an appeal has been noted in terms of section 84. |