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CMY2604 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE August 2026

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CMY2604 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE August 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Question 1: Preliminary Inquiry and Detention (15 Marks) Scenario: The Case of Nkosi Nkosi is a 16-year-old boy who lives on the streets of a large city. He has no fixed address and does not know where his parents are. He was arrested for assault with intent to cause grievous bodily harm after a fight broke out at a local market. The victim sustained a broken arm and required hospitalisation. This is Nkosi's first arrest, but the police report notes that he has a history of aggressive behaviour and has been involved in several physical altercations in the past. During the arrest, Nkosi was hostile and refused to cooperate with the police. He is currently being held in a police cell awaiting his first appearance. The probation officer attempted to assess Nkosi, but he refused to speak to her and showed no remorse for his actions. Due to his lack of a fixed address and his aggressive demeanour, the prosecutor is concerned that Nkosi may be a flight risk and a danger to the community. However, a local non-governmental organisation (NGO) has offered to provide temporary shelter and counselling for Nkosi if he is released. Task: Based on the scenario above, answer the following: 1.1 Define the concept of a "preliminary inquiry" and critically discuss its nature and purpose in the context of Nkosi's case. In your answer, refer to who must be present at the preliminary inquiry and what orders the inquiry magistrate can make. (6 marks) 1.2 Critically evaluate whether Nkosi should be released or detained pending his preliminary inquiry and trial. In your answer, address the factors that the presiding officer must consider when making a decision on release or detention, and refer to the relevant sections of the Child Justice Act (e.g., sections 24, 25, and 30). (6 marks) Structure, referencing and technical care (3 marks) 3.2 Question 2: Assessment and Age Determination (10 Marks) Scenario: The Case of Ayanda Ayanda is a young child who was found wandering the streets late at night by a police officer. She was taken to the police station. The police discovered that Ayanda had been stealing food from a local bakery. When questioned, she admitted to taking bread and fruit because she was hungry. Ayanda does not have any form of identification, and she does not know her exact age. She appears to be very young, but the police are uncertain whether she is 11,12 or 13 years old. She cannot provide contact details for her parents or a guardian. She appears frightened and confused. The police need to follow the correct procedures under the Child Justice Act, but they are unsure how to proceed without knowing her exact age. Task: Based on the scenario above, answer the following questions: 2.1 Explain the purpose of the assessment process for a child in conflict with the law and identify who must conduct the assessment and who must be present during the assessment. (4 marks) 2.2 Critically discuss the roles of the various stakeholders (police official, probation officer, presiding officer, and medical practitioner) in determining the age of a child when the age is uncertain, as prescribed by the Child Justice Act

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CMY2604
Assignment 1 Semester 2 2026
Unique number
Due date: August 2026


1. QUESTION 1: PRELIMINARY INQUIRY AND DETENTION

1.1 Introduction

Nkosi is a sixteen year old child who has been arrested after a serious assault, yet
the Child Justice Act requires his matter to be handled in a way that protects both his
rights and the safety of the community. The child justice process places strong
emphasis on early intervention, rehabilitation and reintegration rather than treating
detention as the automatic response whenever a child is accused of an offence
(University of South Africa, 2019:53). In Nkosi's case, the court must therefore
consider his alleged violent conduct, his lack of a fixed address, his behaviour after
arrest and the practical support offered by the local non governmental organisation
before deciding how he should be managed.

, 1. QUESTION 1: PRELIMINARY INQUIRY AND DETENTION

1.1 Introduction

Nkosi is a sixteen year old child who has been arrested after a serious assault, yet
the Child Justice Act requires his matter to be handled in a way that protects both his
rights and the safety of the community. The child justice process places strong
emphasis on early intervention, rehabilitation and reintegration rather than treating
detention as the automatic response whenever a child is accused of an offence
(University of South Africa, 2019:53). In Nkosi's case, the court must therefore
consider his alleged violent conduct, his lack of a fixed address, his behaviour after
arrest and the practical support offered by the local non governmental organisation
before deciding how he should be managed.

1.2 Definition of key concepts

1.2.1 Preliminary inquiry

A preliminary inquiry is an informal pre trial process used to determine the most
suitable way of dealing with a child who is suspected of committing an offence, after
considering the child, the family circumstances and the alleged offence. The process
normally takes place within forty eight hours after arrest and creates an early
opportunity to consider intervention, diversion, release, placement and other
decisions that may affect the child before the matter proceeds further (University of
South Africa, 2019:53).

1.2.2 Child in conflict with the law

A child in conflict with the law is a person below eighteen years who enters the
justice system because that person is suspected or accused of committing an
offence. This concept recognises that the person remains a child even after an
allegation of criminal behaviour has been made, which means that justice
procedures must still respect the child's age, vulnerability, development and best
interests (University of South Africa, 2019:69).

1.2.3 Assessment

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Publisher: 1988 ISBN: 9780455207933 Edition: Unknown

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