Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 4 : Release, Detention and Placement of Child Prior to Sentence22. Register regarding detention of children |
| (1) | A register regarding the detention of children in police cells or lock-ups referred to in section 28(3) of the Act must, in addition to the particulars required in terms of regulation 21(1)(d), contain the following information: |
| (a) | The full names of the child and any alias or nickname; |
| (b) | the nature of the offence alleged to have been committed; |
| (c) | the age of the child; |
| (d) | the date and time of arrest; |
| (e) | the reasons why the child cannot be released; |
| (f) | the physical and psychological condition of the child, as observed by a police official, at the time of arrest; and |
| (g) | the names, addresses and telephone numbers of the parents or next of kin, if known. |
| (2) | The register may be examined in terms of section 28(4) of the Act by— |
| (a) | a member of the South African Police Service in the performance of his or her functions; |
| (b) | a social worker, health care practitioner or probation officer in the performance of his or her functions; |
| (c) | the prosecutor involved in the case; |
| (d) | a member of the lntersectoral Committee for Child Justice established in terms of section 94 of the Act; |
| (e) | an independent observer appointed in terms of section 65(6) of the Act; |
| (f) | a person who is by law empowered or mandated to take care of the interests of a child; |
| (g) | a parent of the child or the appropriate person or guardian; |
| (h) | a staff member of the child and youth care centre where the child is placed; |
| (i) | the presiding officer involved in the case; and |
| (j) | the legal representative of the child. |
| (3) | A person, other than the persons referred to in subregulation (2), who wishes to examine the register must— |
| (a) | make a request in writing stating the reason for his or her access to the register; |
| (b) | hand the request to the station commissioner or the person designated in writing by the station commissioner; and |
| (c) | identify himself or herself, if requested to do so by the station commissioner or designated police official. |
| (4) | The station commissioner or the person designated in writing by the station commissioner must immediately after receiving the request, take a decision which must be communicated to the person making the request. |
| (5) | The register must be examined in the presence of a police official. |
| (6) | A person who has examined the register must treat the information obtained as confidential. |