Children's Act, 2005 (Act No. 38 of 2005)Chapter 9 : Child in need of care and protectionPart 1 : Identification of child in need of care and protection153. Written notice to alleged offender |
| (1) | A police official to whom a report contemplated in section 110(1) or (2) or a request contemplated in section 110(7) has been made, may, if he or she is satisfied that it will be in the best interests of the child if the alleged offender is removed from the home or place where the child resides, issue a written notice which— |
| (a) | specifies the names, surname, residential address, occupation and status of the alleged offender; |
| (b) | calls upon the alleged offender to leave the home or place where the child resides and refrain from entering such home or place or having contact with the child until the court hearing specified in paragraph (a); |
| (c) | calls upon the alleged offender to appear at a children's court at a place and on a date and at a time specified in the written notice to advance reasons why he or she should not be permanently prohibited from entering the home or place where the child resides: Provided that the date so specified shall be the first court day after the day upon which the notice is issued; and |
| (d) | contains a certificate under the hand of the police official that he or she has handed the original of such written notice to the alleged offender and that he or she has explained to the alleged offender the importance thereof. |
| (2) | The police official must forthwith forward a duplicate original of the written notice to the clerk of the children’s court. |
| (3) | The mere production to the court of the duplicate original referred to in subsection (2) is prima facie proof of the issue of the original thereof to the alleged offender and that such original was handed to the offender. |
| (4) | The provisions of section 55 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) apply, with the necessary changes, to a written notice handed to an alleged offender in terms of subsection (1). |
| (5) | A children’s court before which an alleged offender to whom a written notice in terms of subsection (1) has been issued, appears, may summarily inquire into the circumstances which gave rise to the issuing of the notice. |
| (6) | The court may, after having considered the circumstances which gave rise to the issuing of the written notice and after having heard the alleged offender— |
| (a) | issue an order prohibiting the alleged offender from entering the home or place where the child resides or from having any contact with the child, or both from entering such home or place and having contact with the child, for such period of time as the court deems fit; |
| (b) | order that the alleged offender may enter the home or the place where the child resides or have contact with the child upon such conditions as would ensure that the best interests of the child are served; |
| (c) | order that the alleged offender will be responsible for the maintenance of his or her family during the period contemplated in paragraph (a); |
| (d) | refer the matter to a designated social worker for an investigation contemplated in section 155(2); or |
| (e) | make such other order with regard to the matter as the court deems fit. |
| (7) | Misuse of a power referred to in subsection (1) by a police official constitutes grounds for disciplinary proceedings against such police official as contemplated in section 40 of the South African Police Service Act, 1995 (Act No. 68 of 1995). |