CRIMINAL PROCEDURE AND EVIDENCE ACT
(4) Where a magistrates court orders that any person shall be placed in a training institute or
reform school in terms of subsection (2) or (3), such court shall forward the proceedings to the
registrar of the High Court for review and the provisions of section 57 of the Magistrates Court
Act [Chapter 7:10] and section 29 of the High Court Act [Chapter 7:06] shall apply, mutatis
mutandis, in relation to any such review.
(5) When any court orders a person to be detained in a training institute or reform school in
terms of subsection (2) or (3), a warrant shall be issued by the court for the purpose setting
forth the offence for which such person has been convicted and his age and the said warrant
shall be transmitted to the Director of Social Welfare and shall be the authority for the conveyance of that person to that training institute or reform school and his detention therein.
(6) With a warrant referred to in subsection (5) the court shall also transmit to the Director
of Social Welfare an account of the history and antecedents of the person who is the subject of
the warrant so far as may be ascertainable by the court.
(7) If an order has been made in terms of paragraph (a) of subsection (2) or paragraph (a) of
subsection (3) upon the conviction of a person, that conviction shall not, for the purposes of
any enactment, be regarded as a conviction:
Provided that if such person is convicted on a second or subsequent occasion before he attains the age of eighteen years, it shall be lawful to prove that earlier conviction as a conviction.
352 Period of retention or supervision
(1) In this section—
“the period of retention” means the period during which a person shall, in terms of subsection
(2), remain in a training institute, reform school, certified institution or South African institution.
(2) Any person in respect of whom an order in terms of paragraph (b) of subsection (2) or
paragraph (a) or (b) of subsection (3) of section three hundred and fifty-one has been made
shall remain in the training institute or reform school or under the supervision in which he has
been placed or in the certified institution, training institute or South African institution or under
the supervision or custody to which he has been transmitted in terms of the Children’s Protection and Adoption Act [Chapter 5:06]—
(a) until a period of three years from the date of the order has elapsed; or
(b) until he is released on licence in terms of the Children’s Protection and Adoption Act
[Chapter 5:06]; or
(c) until he has been discharged from the effect of the order in terms of the Children’s
Protection and Adoption Act [Chapter 5:06];
whichever is the soonest.
(3) After the expiration of the period of retention of a person in a training institute, reform
school or certified institution, whether by effluxion of time or release on licence, he shall remain under the supervision of the management of the training institute, reform school or certified institution—
(a) for a period not exceeding three years from the time of the expiry of his period of
retention; or
(b) until he is discharged from the supervision in terms of the Children’s Protection and
Adoption Act [Chapter 5:06]; or
(c) until he attains the age of twenty years;
whichever is the soonest.
(4) Where a court is satisfied, on the application of—
(a) the Minister to whom the administration of the Children’s Protection and Adoption Act
[Chapter 5:06] is assigned; or
(b) the parent or legal guardian of the person concerned;
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