Child Justice Act 75 of 2008

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75 of 2008

The Child Justice Act 75 of 2008 aims:

to establish a criminal justice system for children, who are in conflict with the law and are accused of committing offences, in accordance with the values underpinning the Constitution and the international obligations of the Republic;
to provide for the minimum age of criminal capacity of children;
to provide a mechanism for dealing with children who lack criminal capacity outside the criminal justice system;
to make special provision for securing attendance at court and the release or detention and placement of children;
to make provision for the assessment of children;
to provide for the holding of a preliminary inquiry and to incorporate, as a central feature, the possibility of diverting matters away from the formal criminal justice system, in appropriate circumstances;
to make provision for child justice courts to hear all trials of children whose matters are not diverted;
to extend the sentencing options available in respect of children who have been convicted;
to entrench the notion of restorative justice in the criminal justice system in respect of children who are in conflict with the law; and
to provide for matters incidental thereto.

1 April 2010

The Southern African Legal Information Institute provides a complete amended Act at https://www.saflii.org/za/legis/consol_act/cja2008132/ [Updated to 19 August 2022]