(1) | A police official who has arrested a child to secure his or her attendance at a preliminary inquiry must, when acting in terms of section 20(3)(a) to (c) of the Act, comply with regulation 16(2) to (5),with the necessary changes required by the context. |
(2)
(a) | A police official who has arrested a child must notify the child's parent, appropriate person or guardian of the arrest and give enough information relating to— |
(i) | the alleged offence for which the child was arrested; |
(ii) | the date and time of arrest of the child; |
(iii) | the circumstances surrounding the arrest; |
(iv) | the place where the child is detained; |
(v) | the procedures regarding the release of a child; |
(vi) | the date on which the child will appear at the preliminary enquiry; and |
(vii) | the place where the child will appear, |
to ensure that the persons are fully informed of the circumstances.
(b) | A police official must, after notifying the child's parent, appropriate person or guardian in terms of paragraph (a) hand to the parent, appropriate person or guardian an information note containing— |
(i) | the information, explanations and warnings referred to in section 20(3) of the Act; |
(ii) | the information referred to in subregulation (2)(a)(iv) to (vii); |
(iii) | the name and contact particulars of the police official who arrested the child; |
(iv) | the name of the police station where the police official is stationed; |
(v) | the name and contact particulars of the designated probation officer; and |
(vi) | the name and age of the child. |
(3)
(a) | A written report to a presiding officer referred to in section 20(3)(d) of the Act by a police official who was unable to inform the child's parent, appropriate person or guardian of the arrest, must contain the following information: |
(i) | The particulars of the child; |
(ii) | the date and time of arrest; |
(iii) | the alleged offence; |
(iv) | the place of detention; |
(v) | particulars of the parent, appropriate person or guardian, if known; |
(vi) | full details of the attempts made to notify the parent, appropriate person or guardian, including the manner and the time each attempt was made; and |
(vii) | reasons as to why the police official was unable to notify the parent, appropriate person or guardian. |
(b) | The police official must sign the written report. |
(4)
(a) | A police official must, after a child has been arrested, in terms of section 20(4)(a) of the Act, inform the designated probation officer of the arrest in writing. |
(b) | The notice to the designated probation officer in terms of paragraph (a) must contain the following information: |
(i) | The particulars of the police official; |
(ii) | the particulars of the child; |
(iii) | the date and time of the arrest; |
(v) | the police station or place where the child is detained; and |
(vi) | the name, address and contact particulars of the parent, appropriate person or guardian. |
(c) | The police official must sign the notice to the designated probation officer. |
(ii) | submitted electronically; or |
(iii) | submitted by facsimile, |
to the designated probation officer.
(e) | A police official who notifies the designated probation officer electronically or by facsimile must ensure that the designated probation officer has received the notice. |
(5) | The written report to the inquiry magistrate referred to in section 20(4)(b) of the Act must contain— |
(a) | the particulars of the designated probation officer; |
(b) | particulars of the child; |
(c) | the date and time of arrest; |
(e) | the police station or place where the child is detained; |
(f) | full details of the attempts made to notify the designated probation officer, including the manner and time each attempt was made; and |
(g) | reasons as to why the police official was unable to notify the designated probation officer. |