Synopsis:
arrest and detention of a child — arrest under section 40(1)(j) of
the Criminal Procedure Act 51 of 1977— rights of a child in
section 28(1)(g) and 28(2) of the Constitution — police discretion
police did not consider child’s best interests — discretion to
arrest must comply with the Bill of Rights — detention of a child
must be a measure of last resort — appeal upheld with costs