SKWEYIYA ADCJ This occurs after the person has been convicted and sentenced48 or after the court has made a finding in terms of section 77(6) or 78(6) of the Criminal Procedure Act.49 That a court has no discretion but to register the offender‘s particulars is affirmed in section 50(4) of the Sexual Offences Act, which provides: ―Where a court, for whatever reason, fails to make an order under subsection (2)(a) the prosecuting authority or any person must immediately or at any other time bring this omission to the attention of the court and the court must make such order.‖50 [42] The provision requires that registration follows automatically from conviction of and sentencing for the particular crimes. This infringes the best interests of the child. The opportunity for an individuated response to the particular child offender, taking into account the child‘s representations and views, is excluded both at the point of registration and in the absence of an opportunity for review. The limited circumstances in which an offender can apply for his or her removal from the Register are insufficiently flexible to consider the particular child‘s development or reform. [43] Being placed on the Register bears serious consequences for the offender. As outlined above,51 restrictions are placed on the ability to work, on the ability to license certain facilities or ventures, and on the privileges of certain roles in the care of children or mentally disabled persons. While it is clear that child offenders fall within the ambit of ―persons‖ to be registered under section 50(2)(a), the consequences that 48 See the wording of section 50(2)(a)(i). 49 Section 50(2)(a)(ii). 50 Emphasis added. 51 See [21] above. 23

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