• Child Justice Act, 2008 (Act No. 75 of 2008)
  • Notice No. 549 of 2009 
  • Act
  • Preamble
  • Chapter 1 : Definitions, Objects and Guiding Principles of Act
    • 1. Definitions
    • 2. Objects of Act
    • 3. Guiding principles
  • Chapter 2 : Application of Act, Criminal Capacity of Children under the age of 14 years and matters related to age
    • Part 1 : Application of Act
      • 4. Application of Act
      • 5. Manner of dealing with children who are alleged to have committed offences
      • 6. Seriousness of offences
    • Part 2 : Criminal capacity of Children under the age of 14 years
      • 7. Minimum age of criminal capacity
      • 8. Review of minimum age of criminal capacity
      • 9. Manner of dealing with child under the age of 12 years
      • 10. Decision to prosecute child who is 12 years or older but under the age of 14 years
      • 11. Proof of criminal capacity
    • Part 3 : Age Estimation, Age Determination and Error Regarding Age
      • 12. Responsibility of police official where age of child is uncertain
      • 13. Age estimation by probation officer
      • 14. Age determination by inquiry magistrate or child justice court
      • 15. Age determination by any other court
  • Chapter 3 : Written Notice, Summons and Arrest
    • 16. Error regarding age of child or adult who is alleged to have committed offence
    • 17. Methods of securing attendance of child at preliminary inquiry
    • 18. Written notice to appear at preliminary inquiry
    • 19. Summons
    • 20. Arrest
  • Chapter 4 : Release or Detention and placement of child prior to sentence and related matters
    • Part 1 : Release or Detention
      • 21. Approach to be followed when considering release or detention of child after arrest
      • 22. Release of child on written notice into care of parent
      • 23. Duty of police official when releasing child into care of parent, appropriate adult or guardian
      • 24. Release of child into care of parent, appropriate adult or guardian
      • 25. Release of child on bail
    • Part  2 : Placement
      • 26. Approach to be followed when considering placement of child
      • 27. Placement options for child who has not been released before first appearance at preliminary inquiry
      • 28. Protection of children detained in police custody
      • 29. Placement in a child and youth care centre
      • 30. Placement in a prison
      • 31. Error regarding placement
    • Part  3 : Factors to be taken into account by Presiding Officer regarding further detention
      • 32. Factors to be taken into account by presiding officer
      • 33. Conditions of detention at preliminary inquiry or child justice court
  • Chapter 5 : Assessment of Child
    • 34. Duty of probation officer to assess children
    • 35. Purpose of assessment
    • 36. Confidentiality of information obtained at assessment
    • 37. Place where assessment is to be conducted
    • 38. Persons to attend assessment
    • 39. Powers and duties of probation officer at assessment
    • 40. Assessment report of probation officer
  • Chapter 6 : Diversion by Prosecutor in respect of Minor Offences
    • 41. Diversion by prosecutor before preliminary inquiry in respect of offences referred to i
    • 42. Diversion option to be made order of court
  • Chapter 7 : Preliminary Inquiry
    • 43. Nature and objectives of preliminary inquiry
    • 44. Persons to attend preliminary inquiry
    • 45. Confidentiality of information furnished at preliminary inquiry
    • 46. Failure to appear at preliminary inquiry
    • 47. Procedure relating to holding of preliminary inquiry
    • 48. Postponement of preliminary inquiry
    • 49. Orders at preliminary inquiry
    • 50. Referral of children in need of care and protection to children's court
  • Chapter 8 : Diversion
    • 51. Objectives of diversion
    • 52. Consideration of diversion
    • 53. Diversion options
    • 54. Selection of diversion option
    • 55. Minimum standards applicable to diversion
    • 56. Provision and accreditation of diversion programmes and diversion service providers
    • 57. Monitoring of compliance with diversion order
    • 58. Failure to comply with diversion order
    • 59. Legal consequences of diversion
    • 60. Register of children in respect of whom diversion order has been made
    • 61. Family group conference
    • 62. Victim-offender mediation
  • Chapter 9 : Trial in Child Justice Court
    • 63. Child justice courts and conduct of trials involving children
    • 64. Referral of children in need of care and protection to children's court
    • 65. Parental assistance
    • 66. Time limits relating to postponements
    • 67. Child justice court may divert matter
  • Chapter 10 : Sentencing
    • Part 1 : General
      • 68. Child to be sentenced in terms of this Chapter
      • 69. Objectives of sentencing and factors to be considered
      • 70. Impact of offence on victim
      • 71. Pre-sentence reports
    • Part 2 : Sentencing Options
      • 72. Community-based sentences
      • 73. Restorative justice sentences
      • 74. Fine or alternatives to fine
      • 75. Sentences involving correctional supervision
      • 76. Sentence of compulsory residence in child and youth care centre
      • 77. Sentence of imprisonment
      • 78. Postponement or suspension of passing of sentence
      • 79. Failure to comply with certain sentences
  • Chapter 11 : Legal Representation
    • 80. Requirements to be complied with by legal representatives
    • 81. Legal representation at preliminary inquiry
    • 82. Child to be provided with legal representation at State expense in certain instances
    • 83. Child may not waive legal representation in certain circumstances
  • Chapter 12 : Appeals and Automatic Review of certain convictions and sentences
    • 84. Appeals
    • 85. Automatic review in certain cases
    • 86. Release on bail pending review or appeal
  • Chapter 13 : Records of Conviction and Sentence
    • 87. Expungement of records of certain convictions and diversion orders
  • Chapter 14 : General Provisions
    • 88. Rules of Court
    • 89. Establishment and jurisdiction of One-Stop Child Justice Centres
    • 90. Referral of information relating to age to Department of Home Affairs
    • 91. Liability for patrimonial loss arising from execution of diversion order
    • 92. Persons using children to commit crime
    • 93. National policy framework
    • 94. Establishment of Intersectoral Committee
    • 95. Meetings of Intersectoral Committee
    • 96. Responsibilities, functions and duties of Intersectoral Committee
    • 97. Regulations, directives, national instructions and register
    • 98. Transitional arrangements
    • 99. Repeal or amendment of laws
    • 100. Short title and commencement
  • Schedules
    • Schedule 1
    • Schedule 2
    • Schedule 3
    • Schedule 4 and 5
• Regulations
  • Regulations relating to Child Justice
    • Notice No. R. 251 of 2010
    • Chapter 1 : General Provisions
      • 1. Definitions
      • 2. Designation of probation officers
    • Chapter 2 : Criminal capacity of children under the age of 14 years and matters related to age
      • 3. Handing over of child under the age of 10 years
      • 4. Notice to designated probation officer regarding handing over of child under the age of 10 years
      • 5. Referral of child under the age of 10 years to children's court
      • 6. Referral of child under the age of 10 years for counselling or therapy
      • 7. Referral of child under the age of 10 years to accredited programme
      • 8. Arranging support services for child under the age of 10 years
      • 9. Arranging a meeting relating to circumstances surrounding allegations and formulation of written plan
      • 10. Written plan for child under the age of 10 years
      • 11. Probation officer taking no action in respect of child under the age of 10 years
      • 12. Recording the outcome of the assessment and decision taken 
      • 13. Proof of criminal capacity
      • 14. Age estimation by probation officer
      • 15. Age determination by inquiry magistrate or child justice court
    • Chapter 3 : Securing Attendance of Child at Preliminary Inquiry
      • 16. Written notice to appear at preliminary inquiry
      • 17. Summons to appear at preliminary inquiry
      • 18. Arrest to secure attendance at preliminary inquiry
    • Chapter 4 : Release, Detention and Placement of Child Prior to Sentence
      • 19. Detention of child before preliminary inquiry
      • 20. Failure of child to appear at preliminary inquiry or to comply with conditions of release
      • 21. Complaint about inquiry or trauma of child in detention
      • 22. Register regarding detention of children
      • 23. Placement in a child and youth care centre
      • 24. Error regarding placement
      • 25. Written report relating to transport of child to or from preliminary inquiry or child justice court
    • Chapter 5 : Assessment of Child 
      • 26. Powers and duties of probation officer at assessment
      • 27. Assessment report of probation officer
    • Chapter 6 : Preliminary Inquiry
      • 28. Procedure relating to holding of preliminary enquiry
    • Chapter 7 : Diversion
      • 29. Diversion options
      • 30. Provision of resources to implement diversion programmes
      • 31. Certificate of accreditation
      • 32. Quality assurance in respect of diversion programmes and diversion service providers
      • 33. Failure of child to comply with diversion order
      • 34. Compliance by child with diversion order
      • 35. Establishment and maintenance of register of children in respect of whom diversion order has been made
      • 36. Access to register of children in respect of whom diversion order has been made
    • Chapter 8 : Trial in Child Justice Court
      • 37. Duty of presiding officer before plea in child justice court
      • 38. Drawing up of list of independent observers
      • 39. Particulars of list of independent observers
      • 40. Appointment of independent observer
    • Chapter 9 : Sentencing
      • 41. Progress report regarding community-based sentences
      • 42. Progress report regarding restorative justice sentences
      • 43. Progress report regarding fines or alternative to fine
      • 44. Report on completion of sentence of compulsory residence in child and youth care centre
      • 45. Manner of taking child to child and youth care centre for sentence of compulsory residence
      • 46. Manner of bringing court order to attention of functionaries in case of sentence of compulsory residence in child and youth care centre
      • 47. Failure of child to comply with certain sentences
    • Chapter 10 : Legal Representation
      • 48. Legal representative appointed to assist court
    • Chapter 11 : Expungement of Records
      • 49. Application for expungement of conviction and sentence
      • 50. Consideration of application for expungement by Director-General
      • 51. Consideration of application for expungement by Cabinet member
      • 52. Expungement of record of diversion order
    • Chapter 12 : Miscellaneous
      • 53. Registration of age of child
      • 54. Register of children lacking criminal capacity
      • 55. Access to register of children lacking criminal capacity
      • 56. Manner of notification
      • 57. Short title and commencement
    • Annexure
      • Form 1 : Referral of child under the age of 10 years
      • Form 2 : Order for the evaluation of criminal capacity of child
      • Form 3 : Age estimation of child by probation officer
      • Form 4 : Age estimation of child by medical practitioner
      • Form 5 : Sworn statement in respect of placement of child
      • Form 6 : Diversion Order
      • Form 7 : Certificate of accreditation of diversion service provider
      • Form 8 : Certificate of accreditation of diversion programme
      • Form 9 : Report on compliance or non-compliance with diversion order
      • Form 10 : Application to access the register of diversion orders or register of children
      • Form 11 : Nomination of independent observer
      • Form 12 : Report by the head of Child and Youth Care Centre regarding the possibility of child's reintegration into society without serving term of imprisonment
      • Form 13 : Application for expungement of records of conviction and sentence by the Director-General or Cabinet member
      • Form 14 : Certificate of expungement of conviction and sentence by Director-General: Justice and Constitutional Development
      • Form 15 : Certificate of expungement of conviction and sentence by Cabinet member
• Notices
  • Determination of Persons or Category or Class of Persons Competent to Conduct the Evaluation of Criminal Capacity of a Child and the Allowances and Remuneration
    • Notice No. R. 273 of 2010
    • 1. Determination of categories or classes of persons to conduct evaluation of criminal capacity
    • 2. Determination of allowances and remuneration