Child Justice Act, 2008 (Act No. 75 of 2008)Chapter 14 : General Provisions98. Transitional arrangements |
| (1) | Any criminal proceedings in which the age of criminal capacity of a child is applicable which were instituted before the commencement of section 4 of this Act, must be continued and concluded as if this Act had not been passed. |
[Section 98(1) substituted by section 27 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 diversion programme and diversion service provider which existed at the time of the commencement of this Act may continue to operate until it has been informed of the decision in respect of its application as provided for in section 56(2)(c)(iii). |
| (3) | The initial regulations referred to in section 97(1) must be tabled in Parliament for approval by no later than 1 December 2009, and must be approved before the commencement of this Act, failing which they will be deemed to have been approved by Parliament. |
| (4) | Despite the provisions of section 4, a child who, before the commencement of this Act, was convicted of— |
| (a) | an offence referred to in Schedule 1 or 2; or |
| (b) | any other offence under the common law or statute which has been repealed by the Acts referred to in— |
| (i) | items 2, 13, 14 or 15 of Schedule 1; or |
| (ii) | items 2, 13, 14, 15, 16, 17 or 21 of Schedule 2, |
may apply for the expungement of his or her criminal record in terms of section 87
of this Act.
[Section 98(4) inserted by section 20 of Act No. 24 of 2015, GG 39587, dated 8 January 2016]