Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 6 : Preliminary Inquiry28. Procedure relating to holding of preliminary enquiry |
(1)
| (a) | The presiding officer must, at the start of the preliminary inquiry, inform the child about and explain to the child, the matters referred to in section 47(2) of the Act— |
| (i) | in a language of his or her choice or through an interpreter; |
| (ii) | in plain language by using simple vocabulary and by avoiding technical terms; and |
| (iii) | in a manner appropriate to the age, maturity and stage of development of the child. |
| (b) | The presiding officer must, when informing the child about or explaining to the child, the matters in question— |
| (i) | give enough detail so that the child understands the information; |
| (ii) | allow sufficient time so that the child can absorb the information; |
| (iii) | encourage and allow the child to ask questions and express his or her views; |
| (iv) | elicit responses from the child by asking questions in order to ensure that he or she understands the information; |
| (v) | ensure that the atmosphere is conducive to participation by the child and the parent, appropriate person or guardian; and |
| (vi) | be sensitive to the needs of the child and the fact that the child may be confused and may be experiencing anxiety and may feel intimidated. |
| (2) | The proceedings at the preliminary inquiry must be conducted in a manner that sets the child at ease. |
| (3) | The child should be treated with care and understanding. |