CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
25 Period of retention and further supervision of child or young person
(1)39 A child or young person in respect of whom an order has been made in terms of subsection (1) of
section twenty shall reside in the place determined by the court or shall remain in the certified institution
or training institute or in the custody in which he was placed or ordered to return to or remain in any
other certified institution, training institute or custody to which he may be transferred in terms of this Act
or shall render service for the benefit of the community, as the case may be—
(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 this Act; or
(c) until the order has been discharged or he has been discharged from the effect of the order in terms
of this Act;
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;40
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 periods fixed in terms of this section 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.41
(4)42 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.
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
19
Select target paragraph3
Add to table of contents