Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 4 : Release, Detention and Placement of Child Prior to Sentence24. Error regarding placement |
(1)
| (a) | The person admitting a child at a child and youth care centre, police cell, lock-up or prison in terms of section 31 of the Act must, in writing, refer a child, in respect of whom an error has been made regarding placement, to the presiding officer for the error to be corrected. |
| (b) | The written referral to the presiding officer must contain the following information: |
| (i) | Full particulars of the child; |
| (ii) | the case number and the alleged offence; |
| (iii) | the particulars of the person and the institution admitting the child; |
| (iv) | the date on which the child was admitted; and |
| (v) | reasons for referring the child back to the presiding officer. |
| (c) | A person referring a child back to court must attach to the referral a copy of the court order relating to the placement of the child. |
(2)
| (a) | A child referred to in subregulation (1) must be taken back to the presiding officer by— |
| (i) | a police official, if the child is placed in a police cell or lock-up; |
| (ii) | a correctional official, if the child is placed in a prison; or |
| (iii) | a police official at the request of the head of the child and youth care centre, if the child is placed in a child and youth care centre. |
| (b) | The person in charge of a child and youth care centre must— |
| (i) | immediately upon becoming aware of the error regarding placement, arrange with a police official to take the child to a presiding officer to correct the error; and |
| (ii) | hand to a police official the written referral, referred to in subregulation (1). |
| (3) | The written referral must be handed to the presiding officer when the child appears before the presiding officer. |