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Raduvha v Minister of Safety and Security (Centre for Child Law as Amicus Curiae)

Case Number:
CCT151/15
Citations:
[2016] ZACC 24
Citations:
2016 (10) BCLR 1326 (CC)
Citations:
2016 (2) SACR 540 (CC)
Judge:
Bosielo AJ
Judgment Date:
11 August 2016
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
Judgment:
Full judgment

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