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 age13. Proof of criminal capacity |
| (1) | An order by a child justice court in terms of section 11(3) of the Act for an evaluation of the criminal capacity of a child must correspond substantially with Form 2 of the Annexure. |
[Regulation 13(1) substituted by section 3(a) of Notice No. R.2399, GG46751, dated 19 August 2022]
| (2) | Form 2 must be submitted to the person who must conduct the evaluation, together with any documents handed in at the preliminary inquiry or in the child justice court, including the charge sheet and the probation officer’s assessment report. |
[Regulation 13(2) substituted by section 3(a) of Notice No. R.2399, GG46751, dated 19 August 2022]
| (3) | The clerk of the child justice court must notify— |
| (a) | the parent of the child of the order, if the parent was not present when the order was made; |
| (b) | the appropriate person or guardian of the order, if the child was handed to an appropriate person or guardian and if that person was not present when the order was made; or |
| (c) | the child and youth care centre, if the child was handed to a centre, |
in writing and orally, if the contact particulars are available.
| (4) | The notification by the clerk of the child justice court must be done immediately after the order has been made in any manner but the clerk must ensure that the persons receive the notice. |
| (5) | The Director-General: Health must annually compile and keep a list of private psychiatrists and clinical, counselling and educational psychologists who are prepared to conduct the evaluation in respect of a child’s criminal capacity in terms of section 11(3) of the Act and must provide the Director-General of the Department of Justice and Constitutional Development with a copy thereof for distribution to the registrars of the High Court and all the clerks of the magistrates’ courts. |
[Regulation 13(5) inserted by section 3(b) of Notice No. R.2399, GG46751, dated 19 August 2022]