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 age5. Referral of child under the age of 12 years to children's court |
(1)
| (a) | The probation officer must refer a child to the children's court in terms of section 9(3)(a)(i) of the Act in writing on a form which corresponds substantially with Form 1 of the Annexure. |
| (b) | The probation officer must attach to Form 1 all relevant documents used in the assessment of the child, including the assessment report referred to in section 40 of the Act. |
| (c) | The probation officer must ensure that Form 1 and all the attachments are received by the children's court. |
| (2) | The probation officer must— |
(a) inform—
| (i) | the parents of the child of the referral, if the parents' whereabouts are known and they are not aware of the referral; |
| (ii) | the appropriate person or guardian of the referral, if the child was handed to an appropriate person or a guardian and if the person in question is not aware of the referral; and |
| (iii) | the parents, appropriate person or guardian that they must ensure that the child appears at the children's court; or |
| (b) | submit a copy of Form 1 and the documents referred to in subregulation (1)(b) to the child and youth care centre if the child was handed to the centre. |