Cap. 539 Art. 14Assistance,support and protection to victims who are minors.
Where a victim is identified as a minor and:
(a) the holders of parental responsibility are precluded from representing the said minor as a result of a conflict of interest between the said holders and the minor; or
(b) where the minor is unaccompanied or separated from the family; or
(c) there is, or there may be, a conflict of interest between the minor and the holders of parental responsibility, the Court shall, ex officio, or upon a request by the prosecution or upon an application by any person, appoint a child advocate in terms of the Code of Organization and Civil Procedure or an advocate for legal aid, to represent the interests of the minor, and the provisions of article 10 shall apply.
(2) A child advocate appointed in terms of the Code of
Organization and Civil Procedure or an advocate for legal aid, as the case may be, may be appointed in any case if the Court considers that this is in the best interests of the minor.
(3) Where the age of the victim is uncertain and there are reasons to believe that the victim is a minor, the victim shall for specific protection needs due to his vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. To determine whether and to what extent they would benefit from special measures as provided for under this Act, child victims shall be subject to an individual assessment as provided for in article 12.
Änderungsgeschichte
- Amended by XVII.2021.7