Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 2 : Criminal capacity of children under the age of 14 years and matters related to age11. Probation officer taking no action in respect of child under the age of 12 years |
| (1) | The probation officer must, in deciding to take no action in terms of section 9(3)(a)(vi) of the Act— |
| (a) | ensure that all the relevant information has been obtained; |
| (b) | ensure that the relevant information has been considered properly; |
| (c) | ensure that contradictory information, if any, has been clarified; |
| (d) | ensure that the personal circumstances of the child have been considered properly; |
| (e) | ensure that the circumstances surrounding the commission of the alleged offence have been considered properly; |
| (f) | have regard to the reasons why the other measures referred to in section 9(3) of the Act are not suitable; |
| (g) | have considered the implications of not taking any action; and |
| (h) | have engaged the parent, appropriate person or guardian or a representative of the child and youth care centre or any other person qualified to express an opinion regarding his or her proposed decision. |
| (2) | The probation officer who decides to take no action, must immediately, after having taken the decision, inform— |
| (a) | the child and his or her parents, an appropriate person or guardian of the decision in writing and orally, if their contact particulars are available; or |
| (b) | the child and youth care centre to which the child was handed over, in writing, of the decision. |
| (3) | The child and youth care centre must, upon receipt of the information, release the child in the care of the parent, appropriate person or guardian, if available, or take appropriate steps in terms of the Children's Act. |