CMY2604 Assignment 2 Semester 2 2026 - Due August 2026

CMY2604 Assignment 2 Semester 2 2026 - Due August 2026 3. ASSESSMENT 1 QUESTIONS Read the following scenarios and answer both questions that follow. NOTE: The total marks are inclusive of an introduction, definition of key concept(s), conclusion, intext references, a reference list, and technical care. For more information, see the requirements below. 3.1 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 3