Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 2 : Criminal capacity of children under the age of 14 years and matters related to age3. Handing over of child under the age of 12 years |
| (1) | A police official must, for the purposes of handing a child over in terms of section (9)(1) of the Act— |
| (a) | introduce himself or herself to the child and person who is to receive the child; |
| (b) | establish the identity of the person who is to receive the child; |
| (c) | introduce the child, if the child is handed to a child and youth care centre, to the person who is to receive the child; |
| (d) | establish, if the child is handed to a parent, appropriate person or guardian, the relationship, if any, between the person who is to receive the child and the child; |
| (e) | inform the child and the person who is to receive the child of— |
| (i) | the nature of the alleged offence; |
| (ii) | the reasons why the child cannot be prosecuted; and |
| (iii) | the procedures to be followed in terms of the Act; and |
| (f) | explain to the person who is to receive the child— |
| (i) | what is expected from the child and the person in relation to the procedures to be followed in terms of the Act; |
| (ii) | the implications of receiving the child; and |
| (iii) | the implications if the child fails to comply with an obligation imposed in terms of section 9 of the Act. |
| (2) | A police official must inform the person who is to receive the child of any injuries the child may have sustained. |
| (3) | A police official must ensure that the information and explanations given are understood by the child and the person who is to receive the child by— |
| (a) | using a language that is understood by them; |
| (b) | using simple vocabulary; |
| (c) | encouraging or allowing them to ask questions and responding to the questions asked; and |
| (d) | verifying or confirming their understanding of the information and explanations given. |
| (4) | A police official must address the child and the person who is to receive the child in a manner that is conducive to their participation and without intimidating them or publicly humiliating the child. |
| (5) | A police official must, after having complied with subregulations (1) and (2), ascertain whether the parent, appropriate person or guardian is prepared to— |
| (a) | accept responsibility for the child; and |
| (b) | co-operate in ensuring compliance with section 9 of the Act. |
| (6) | A police official must — |
| (a) | obtain the physical address and, if applicable, the work address of the parent, appropriate person or guardian; and |
| (b) | obtain the contact particulars of the parent, appropriate person or guardian or any other person who is to receive the child or that of any other person through whom the person who is to receive the child can be contacted. |
| (7) | A police official must inform the person who is to receive the child at the child and youth care centre of the reasons why the child was not handed over to his or her parents, appropriate person or guardian. |
(8)
| (a) | The person in charge of the child and youth care centre must receive the child at any time of the day or any day of the week, and if the child requires medical treatment take the necessary steps to ensure that the child receives treatment. |
| (b) | The person in charge of the child and youth care centre may only refuse to receive the child if it is impossible to accommodate the child as a result of the unavailability of accommodation at the centre. |
| (9) | A police official must complete and sign any documents relating to the admission of the child at the child and youth care centre, if required to do so. |
| (10) | A police official must hand to the person who is to receive the child an information note containing— |
| (a) | the information and explanations referred to in subregulation (1)(e) and (f); |
| (b) | the name and contact particulars of the police official who handed over the child; |
| (c) | the name of the police station where the police official is stationed; |
| (d) | the name and contact particulars of the designated probation officer; |
| (e) | the name and age of the child; and |
| (f) | the name and contact particulars of the person or the child and youth care centre to whom or which the child was handed over. |