whichever is the soonest.
(2) Upon the expiration of the period of retention of a pupil in a certified institution or
training institute, whether by effluxion of time or release on licence, that pupil shall
remain under the supervision of the management of that certified institution or
training institute or under the supervision of the management of any other certified
institution or training institute to which he may be transferred in terms of this Act—
(a)
for a period not exceeding three years from the date of the expiry of
his period of retention; or
(b)
until he is discharged from that supervision in terms of this Act;
whichever is the soonest.
(3) A children’s court may, if it thinks it necessary, order that—
(a)
any former pupil of a certified institution or training institute whose
period of retention has expired shall return to and remain in that institution or
institute; or
(b)
any pupil in a certified institution or training institute whose period of
retention is about to expire shall remain in that institution or institute; or
(c)
a child or young person who was ordered to render service for the
benefit of the community and whose period of service is about to expire, shall
continue to render such service to the community;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
for such further period or periods as the court may fix and may at any time revoke
such order:
Provided that—
(i)
the period or the aggregate of the periods fixed in terms of this
subsection shall not exceed two years at a time; and
(ii)
any such order shall lapse upon the pupil or former pupil attaining the
age of eighteen years.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(4) The certified institution or training institute shall be entitled, before the making of
an order in terms of subsection (3), to appear before the children's court and make
representations or adduce evidence in regard to the desirability or otherwise of such
an order.
[new subsection inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
26
Person attaining age of eighteen years during inquiry in children’s court
If during the course of an inquiry in terms of section nineteen in respect of a young
person, such young person attains the age of eighteen years, or if a young person who
upon conviction of any offence has been ordered by the court to be dealt with by a
children’s court attains the age of eighteen years before being so dealt with, the
children’s court may nevertheless make an order in terms of that section in respect of
such person.
27
Review by High Court of certain orders and discharge of certain orders by
various other orders
(1) Whenever a children’s court makes an order in terms of subsection (1), (2) or (3)
of section twenty or subsection (3) of section twenty-five, the officer who presided
over such court shall cause to be forwarded to the registrar of the High Court, not
later that seven days after the making of such order, the record of the proceedings in
the matter together with such report, if any, as he may wish to append.
(2) The registrar of the High Court shall, with all convenient speed, lay any record of
proceedings and report received by him in terms of subsection (1) before a judge in
chambers who may—
(a)
confirm, vary or set aside the order of the children’s court; or
(b)
remit the matter to the children’s court with instructions as to the
further proceedings to be had in such matter as the judge thinks fit.
(3) The execution of any order made in terms of subsection (1), (2) or (3) of section
twenty or subsection (3) of section twenty-five shall not be suspended by the
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