[Section 9 heading substituted by section 6(a) 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]
| (1) | Where a police official has reason to believe that a child suspected of having committed an offence is under the age of 12 years, he or she may not arrest the child, and must, in the prescribed manner, immediately hand the child over— |
| (a) | to his or her parents or an appropriate person or a guardian; or |
| (b) | if no parent, appropriate person or a guardian is available or if it is not in the best interests of the child to be handed over to the parent, an appropriate person or a guardian, to a suitable child and youth care centre, |
and must notify a probation officer.
[Section 9(1) substituted by section 6(b) 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) | A probation officer who receives notification from a police official in terms of subsection (1), must assess the child in terms of the provisions of Chapter 5 which are applicable to children under the age of 12 years as soon as possible but not later than seven days after being notified. |
[Section 9(2) substituted by section 6(b) 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) | After assessing a child in terms of subsection (2), the probation officer may, in the prescribed manner— |
| (ii) | refer the child for counselling or therapy; |
| (iii) | refer the child to an accredited programme designed specifically to suit the needs of children under the age of 12 years; |
| (iv) | arrange support services for the child; |
| (v) | arrange a meeting, which must be attended by the child, his or her parent or an appropriate person or a guardian, and which may be attended by any other person likely to provide information for the purposes of the meeting referred to in subsection (4); or |
| (vi) | decide to take no action. |
| (b) | Any action taken under paragraph (a) does not imply that the child is criminally liable for the incident that led to the assessment. |
[Section 9(3) substituted by section 6(b) 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) | The purpose of the meeting convened by a probation officer in terms of subsection (3)(a)(v) is to— |
| (a) | assist the probation officer to establish more fully the circumstances surrounding the allegations against a child; and |
| (b) | formulate a written plan appropriate to the child and relevant to the circumstances. |
| (5) | The written plan referred to in subsection (4)(b) must, at least— |
| (a) | specify the objectives to be achieved for the child and the period within which they should be achieved; |
| (b) | contain details of the services and assistance to be provided for the child, as prescribed; |
| (c) | specify the persons or organisations to provide the services and assistance, as prescribed; and |
| (d) | state the responsibilities of the child and of the parent, appropriate person or a guardian. |
| (6) | The probation officer must record, with reasons, the outcome of the assessment and the decision made in terms of subsection (3) in the prescribed manner. |
| (7) | In the event of a child failing to comply with any obligation imposed in terms of this section, including compliance with the written plan referred to in subsection (4)(b), the probation officer must refer the matter to a children's court to be dealt with in terms of Chapter 9 of the Children's Act. |
