Child Justice Act, 2008 (Act No. 75 of 2008)

Regulations

Regulations relating to Child Justice

Chapter 3 : Securing Attendance of Child at Preliminary Inquiry

18. Arrest to secure attendance at preliminary inquiry

Purchase cart Previous page Return to chapter overview Next page

 

(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;
(iv)the alleged offence;
(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.
(d)The notice must be—
(i)handed;
(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;
(d)the alleged offence;
(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.