CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(a)
(b)
confirm, vary or set aside the order of the children's court; or
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.
(4) Where a person who has been ordered to enter into recognizances in terms of subsection (1) refuses
or fails to do so, the children's court may commit him to prison for a period not exceeding one month
until such recognizances are entered into:
Provided that no person shall be committed to prison in terms of this subsection until the order to enter
into the recognizances has been confirmed or varied, as the case may be, by a judge in terms of subsection (3).
(5) Where the conditions upon which any recognizances referred to in subsection (1) were given are
not observed by the person who gave them, the children's court may declare the recognizances to be
forfeited and such declaration of forfeiture shall have the effect of a judgment in a civil action in the
magistrates court in favour of the Minister.
(6) A children's court may at any time amend or revoke an order made by it in terms of subsection (1)
and, where an order has been so amended, this section shall apply, mutatis mutandis, in respect of such
amendment as if it were an order made in terms of subsection (1).
13 Conducing to commission of offence by child or young person
(1)26 Any person who—
(a) encourages a child or young person to commit an offence; or
(b) trains a child or young person in the commission of an offence; or
(c) knowingly provides a child or young person with facilities to commit an offence;
shall be guilty of an offence and liable to the penalties that could have been imposed on him had he been
guilty of the offence that the child or young person committed.
(2)27 Any parent or guardian of a child or young person who fails to take reasonable steps to ensure
that that child or young person does not commit an offence is guilty of an offence and liable to a fine of
two thousand five hundred dollars or six months imprisonment.".
(3) Where a person has been convicted of an offence in terms of subsection (1) the court may, in addition to any penalty which may be imposed therefor, order the person convicted to pay to any party who
has been caused damage or loss by the commission of the offence concerned by the child or young person
compensation for that damage or loss, whether the injured party makes any claim therefor or not.
PART IV
REMOVAL OF CHILDREN AND YOUNG PERSONS TO
OTHER CARE
14 Removal of children and young persons to place of safety
(1) 28 Any police officer, health officer, education officer or probation officer may remove a child or
young person from any place to a place of safety—
(a) if he is, in the opinion of that police officer, health officer, education officer or probation officer, a
child in need of care; or
(b) if there are reasonable grounds for believing that an offence specified in the First Schedule is being
or has been committed upon or in connection with that child or young person.
(2)29 Unless it would be impracticable or detrimental to the best interests of the child or young person
concerned, a police officer, probation officer, education officer or health officer shall place a child or
young person in a place of safety in terms of subsection (1) within the family or community where the
child or young person was raised.
(3)30 A police officer, education officer or health officer who has removed a child or young person to,
and any person who receives a child or young person in, a place of safety in terms of subsection (1) shall
notify a probation officer for the area in which the place of safety is situated of such removal or reception
as soon as possible and in any event within five days of such removal or reception.
15
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