CHILDREN AND YOUNG PERSONS ordinance

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF JUVENILE COURTS, JURISDICTION OF AND PROCEDURE IN JUVENILE COURTS JUVENILE COURTS

2. Operation of Juvenile Courts.

3. Children's Magistrates Courts.

4. Jurisdiction of Juvenile Courts.

5. Assignment of certain mailers to Juvenile Courts.

6. Order for bail by courts not silting as Juvenile Courts.

7. Sittings of a Juvenile Court.

8. Power of Juvenile Court to proceed with hearing where accused person is not a child or young person.

9. Procedure in Juvenile Courts.

10. Procedure on finding of guilty in Juvenile Courts.

11. Restriction on reports of proceedings in Juvenile Courts.

12. Rules of court.

PART II

SPECIAL PROVISIONS APPLICABLE To ALL COURTS IN RELATION To CHILDREN AND YOUNG PERSONS PRELIMINARY PROCEEDINGS

13. Separation of children and young offenders from adults in police stations, courts.

14. Bail or detention of children and young persons arrested.

15. Remand or committal to custody in remand homes or in charge of fit and proper persons.

16. Attendance at court of parent of child or young person charged with an offence.

17. Notice to probation officers of charges against and applications relating to children and young persons.

GENERAL PROVISIONS AS TO PROCEEDINGS IN COURT

18. Prohibition against children being present in court during the trial of other persons.

19. Power to clear court while child or young person is giving evidence in certain cases.

20. Prohibition of publication of certain matter in newspapers.

PRINCIPLES TO BE OBSERVED BY ALL COURTS IN DEALING WITH CHILDREN AND YOUNG PERSONS

21. General considerations.

YOUNG OFFENDERS

22. Removal of disqualifications attaching to any offence.

23. Restrictions on punishment of children and young persons.

24. Punishment of certain grave crimes.

25. Substitution of custody in remand home for imprisonment.

26. Power to send a child or young offender to an approved or certified school.

27. Power to commit child or young offender to care of probation officer or parent.

28. Power to order parent to pay fine instead of child or young person.

29. Infliction of corporal punishment on a child or young person.

30. Discharge of child or young person after admonition.

31. Power of other courts to remit a child or young offender to Juvenile Courts.

32. Power of Minister to send certain children and young offenders to approved or certified schools.

33. Miscellaneous provisions as to summary proceedings against children and young persons.

CHILDREN AND YOUNG PERSONS IN NEED OF CARE OR PROTECTION

34. Definition of "in need of care or protection”.

35. Powers of Juvenile Courts in respect of children and young persons in need of care or protection.

36. Powers of other courts with respect to last foregoing section.

37. Removal or remand of child or young person to place of safety.

SUPPLEMENTARY PROVISIONS AS TO ORDERS OF COURT

38. Supervision by probation officers or other persons.

39. Regard to be had to religious persuasion of person sent to approved or certified school.

40. —

41. Contents of approved or certified school orders.

42. Duration of approved or certified school orders.

43. Conveyance of children or young persons to approved or certified schools.

44. Extension period of detention in approved or certified school.

45. Supervision and recall after expiration of order.

46. Provisions as to making, duration, and effect, of orders of committal to fit persons.

47. Application of Part II

PART III

REMAND HOMES, APPROVED SCHOOLS, CERTIFIED SCHOOLS AND PERSONS TO WHOSE CARE CHILDREN AND YOUNG PERSONS MAY BE COMMITTED REMAND HOMES

48. Establishment of remand homes, and appointment of Visitors.

49. Provisions as to custody of children and young persons in a remand home.

APPROVED SCHOOLS

50. Approval of schools.

CERTIFIED SCHOOLS

51. Establishment of certified schools.

52. Rules regarding remand homes and tip proved and certified schools.

53. Classification, administration, and management of approved and certified schools.

54. Religious instruction to person detained in approved school.

55. Schools escapes from approved and certified.

56. Powers, of Director General of Education and other officers.

FIT PERSONS

57. General provisions as to children and young persons committed to the care of it persons.

58. Escapes from care of fit persons.

PART IV

[Repealed by s 33(2) of Act 47 of 1956.]

PART V

PREVENTION OF CRUELTY AND EXPOSURE TO MORAL AND PHYSICAL DANGER OFFENCES

71. Cruelty to children and young persons.

72. Causing of encouraging seduction or prostitution of girl under sixteen.

73. Allowing persons under sixteen to be in brothels.

74. Causing of procuring person under sixteen to beg.

75. Giving excisable article to children under five.

76. Sale of tobacco to person under sixteen.

77. Vagrants preventing children from receiving education.

78. Offences under this Part to be cognisable offences.

79. Interpretation of Part V.

PART VI

SUPPLEMENTAL

SUPPLEMENTARY PROVISIONS AS TO LEGAL PROCEEDINGS

80. Presumption and determination of age.

81. Evidence of husband or wife of accused person.

82. Evidence of wages.

83. Bonds and recognisance's.

84. Appeals from orders made under this Ordinance.

APPOINTMENTS, EXPENDITURE

85. Power to appoint inspectors.

86. Expenses of administration of Ordinance.

87. Rules and regulations.

88. Interpretation.

SCHEDULES

48 of 1939,

13 of 1944,

42 of 1944,

12 of 1945,

47 of 1956,

2 of 1978.

AN ORDINANCE to make provision for the establishment of Juvenile Courts, for the supervision of juvenile offenders, for the protection of Children and Young Persons, and for other connected purposes.

[Date of Commencement: Parts I, II, and III 28th April 1952; V (except section 76) not in operation on 31st December, 1980; VI and section 76—31st December, 1952]

1. Short title.

This Ordinance may be cited as the Children and Young Persons Ordinance.

PART I

ESTABLISHMENT OF JUVENILE COURTS, JURISDICTION OF AND PROCEDURE IN JUVENILE COURTS, JUVENILE COURTS

2. Operation of Juvenile Courts.

A court of summary jurisdiction sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction conferred on a juvenile court by or under this Ordinance or any other written law shall be known as a Juvenile Court.

3. Children's Magistrates Courts.

(1) There may be appointed, for each Magistrate's Court, a person or persons, by name or by office, to be or to act as Magistrate or Magistrates of that court when that court is sitting as a Juvenile Court.

(2) There may be appointed, for each Municipal Court, a person or persons, by name or by office, to be or to act as Magistrate or Magistrates of that court when that court is sitting as a Juvenile Court.

(3) Where the number of persons to be appointed for any court under subsection (1) or subsection (2) is less than three, the person or each of the persons to be so appointed must be an Attorney-at-Law or a Person who holds or has held judicial office; and in every other case, one at least of the persons to be so appointed for any court must be an Attorney-at-Law or a person who holds or has held judicial office.

(4) A woman shall not be disqualified, by reason only of her sex, from being appointed as a Magistrate under subsection (1) or subsection (2).

(5) Every person appointed under subsection (1) or subsection (2) shall be known as a Children's Magistrate of the judicial division or municipal town for which he is appointed, and is hereinafter Referred to as "a Children's Magistrate ”.

(6) Where the number of Children's Magistrates appointed for any Magistrate's Court or Municipal Court is less than three, the jurisdiction conferred by this Ordinance or by any other written law on such court, sitting as a Juvenile Court, shall be exercised by the Magistrate or either of the Magistrates so appointed.

(7) Where the number of Children's Magistrates appointed for any Magistrate^ Court or Municipal Court is three or more, the jurisdiction conferred by this Ordinance or by any other written law on such court, sitting as a Juvenile Court, may be exercised either—

(a) By any one of such Magistrates sitting alone, if he is an Attorney-at-Law or holds or has held judicial office; or

(b) By any three of such Magistrates sitting together including in every such case one who is an Attorney-at-Law or holds or has held judicial office.

(8) In any case where any three Children's Magistrates sit together as provided in subsection (7), such Magistrates shall elect one of their number to be the chairman of the court for the sitting, and—

(a) the proceedings of the court, and the evidence given before the court, shall be recorded by the chairman;

(b) the verdict of the court, and every order made by the court, shall be signed by the Chairman and by at least one of the other Magistrates;

(c) the decision of the majority of such Magistrates shall, in the event of any difference of opinion between such Magistrates, be the decision of the court.

(9) In this section "judicial office” does not include the office of Judge of a Primary Court or the office of Children's Magistrate.

4. Jurisdiction of Juvenile Courts.

(1) Notwithstanding anything in any written law to the contrary but subject as hereinafter provided, a Magistrate's Court sitting as a Juvenile Court shall have jurisdiction to hear and determine any case in which a child or young person is charged with any offence other than a scheduled offence and any question of law or fact arising in such case.

(2) A Municipal Court sitting as a Juvenile Court shall have no jurisdiction to hear and determine any case in which a child or young person is charged with having committed an offence other than an Offence which, in the case of an adult, is triable by such Municipal Court under the provisions of the Municipal Councils Ordinance or of any other written law.

(3) A Primary Court sitting as a Juvenile Court shall have no jurisdiction to hear and determine any case in which a child or young person is charged with having committed any offence other than an Offence, which, in the case of an adult, is triable by such court.

5. Assignment of certain mailers to Juvenile Courts.

(1) Subject as hereinafter provided, no charge against a child or young person and no application whereof the hearing is by this Ordinance or by any other written law assigned to Juvenile Courts, shall be heard by a court of summary jurisdiction which is not a Juvenile Court:

Provided that—

(a) no case in which a child or young person is charged with having committed a scheduled offence shall be heard and determined by a Juvenile Court; and

(b) a charge made jointly against a child or young person and a person who. Has attained the age of sixteen years shall be heard by a court of summary jurisdiction other than a Juvenile Court; and

(c) where in any case a child or young person is charged with an offence, the charge may be heard by a court of summary jurisdiction which is not a Juvenile Court, if a person who has attained the age of sixteen years is in the same case charged with the abetment of that offence; and

(d) where, in the course of the proceedings before any court of summary jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, Nothing in this section shall be construed as preventing the court, if it thinks fit so to do, from Proceeding with the hearing and determination of those proceedings.

6. Order for bail by courts not silting as Juvenile Courts.

No direction, whether contained in this Ordinance or in any other written law, that a charge shall be brought before a Juvenile Court, shall be construed as restricting the powers of any court of summary jurisdiction which is not a Juvenile Court to entertain an application for bail or for a remand and to hear such evidence as may be necessary for that purpose.

7. Sittings of a Juvenile Court.

(1) A Juvenile Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on such court by or under this Ordinance or any other written law.

(2) A Juvenile Court shall sit in a different building or room from that in which sittings of courts other than Juvenile Courts are held:

Provided, however, that this subsection shall not apply in the case of a Primary Court sitting as a Juvenile Court, if a different building or room is not available for the sittings of such Juvenile Court.

(3) No person shall be present at any sitting of a Juvenile Court except—

(a) members and officers of the court;

(b) parties to the case before the court, their Attorneys-at-Law and witnesses and other persons directly Concerned in that case; and

(c) such other persons as the court may specially authorise to be present.

8. Power of Juvenile Court to proceed with hearing where accused person is not a child or young person.

(1) A Juvenile Court sitting for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child or young person may, if it thinks fit so to do, proceed with the Hearing and determination of the charge or application, notwithstanding that it is discovered that the person in question is not a child or young person.

(2) Where the court before which any person is bound by his recognisance under Chapter XXV of the Code of Criminal Procedure Act or any rules made thereunder or under the Primary Courts' Procedure Act, to appear is a Juvenile Court, the attainment by him of the age of sixteen years shall not deprive that court of jurisdiction to enforce his attendance and deal with him in respect of any failure to Observe the conditions of his recognisance, or of jurisdiction to vary or discharge the recognisance.

9. Procedure in Juvenile Courts.

(1) Where a child or young person is brought before a Juvenile Court for any offence which that court has jurisdiction to hear and determine, it shall be the duty of the court as soon as possible to explain to him in simple language the substance of the alleged offence.

(2) Where a child is brought before a Juvenile Court for any offence, which that court has jurisdiction to hear and determine, the case shall be tried and determined in that court.

(3) Where a young person is brought before a Municipal Court or a Primary Court sitting as a Juvenile Court, for any offence, which that Juvenile Court has jurisdiction to hear and determine, the case shall be tried and determined by such Juvenile Court.

(4) Where a young person is brought before a Magistrate's Court sitting as a Juvenile Court for any offence which that Juvenile Court has jurisdiction to hear and determine, the following provisions shall apply—

(a) where the offence alleged against the young person is an offence other than an indictable offence, the case shall be tried and determined by the Juvenile Court;

(b) where the offence alleged against the young person is an indictable offence—

(i) the court shall, if it is of opinion that it is expedient that the case should be summarily disposed of, put to the young person the following or a similar question, telling him that he may consult his parent or guardian or a friend before replying—

"Do you wish to be tried by this court or by a higher court”, and the court shall explain to the young person and to his parent or guardian, if present, the meaning of being so tried; and if the young person on being so questioned states that he wishes to be tried by the Juvenile Court, the case shall be tried and determined by that court:

Provided that if the court becomes satisfied at any time during the hearing that the case should be tried by a higher court, the Juvenile Court shall discontinue the proceedings against that young person and direct that the charge should be preferred in a Magistrate's Court of competent jurisdiction;

(ii) if the court is of opinion that it is not expedient that the case should be summarily disposed of, or if the young person in answer to the question put to him under paragraph (i) states that he wishes to be tried by a higher court, the Juvenile Court shall discontinue the proceedings against that young person and direct that the charge should be preferred in a Magistrate's Court of competent jurisdiction.

(5) In every case which is tried by a Juvenile Court in accordance with the provisions of this section the court shall adopt the following procedure—

(a) the court shall ask the child or young person whether he admits that he committed the offence;

(b) if the child or young person does not admit that he committed the offence, the court shall then hear the evidence of the witnesses in support of the charge. At the close of the evidence-in-chief of each such witness, the court shall ask the child or young person, or if it thinks fit, the parent or guardian of the child or young person, whether he wishes to put any question to the witnesses; and the child or young person, or the parent or guardian may, if he so desires, put any questions accordingly. The child or young person may, instead of asking any questions, make a statement, if he so desires;

(c) it shall be the duty of the court to put to every witness who gives evidence in support of the charge Such questions as appear to the court to be necessary;

(d) the court may put to the child or young person such questions as may be necessary to explain anything in any statement made by the child or young person;

(e) if it appears to the court that a prima facie case is made out, the evidence of any witness for the Defence shall be taken and the child or young person shall be allowed to give evidence or to make any Statement;

(f) if the child or young person admits that he committed the offence or if the court is satisfied on the evidence adduced that the child or young person committed the offence, he shall be asked if he desires to say anything in extenuation of the offence or in mitigation of punishment or otherwise.

10. Procedure on finding of guilty in Juvenile courts.

(1) Where a Juvenile Court is satisfied that a child or young person is guilty of an offence in respect of which that court has jurisdiction under this Ordinance, that court shall, for the purpose of deciding how the child or young person should be dealt with, take into consideration any information which may be available regarding the antecedents and circumstances of the child or young person, including any information supplied by a probation officer under section 17, and may summon and examine any probation officer or other person and may also put to the child or young person any question arising out of such information or examination.

(2) For the purpose of enabling any information regarding the antecedents and circumstances of the child or young person to be obtained, the court may, if it is a Magistrate's Court sitting as a Juvenile Court, remand the child or young person for a period not exceeding twenty-one days to a remand home or to the custody of a fit person; and when any child or young person has been so remanded the court may—

(a) in his absence extend the period for which he is remanded, so, however, that he appears before the court at least once in every twenty-one days; and

(b) when the required information has been obtained, deal with him finally.

11. Restriction on reports of proceedings in Juvenile Courts.

No report of any proceedings before a Juvenile Court shall be published in any newspaper, magazine, or other journal:

Provided that nothing in this section shall affect the bonafide publication of any report of any such proceedings in any scientific journal or other publication devoted exclusively to the protection or Welfare of children or young persons;

Provided further that no report in any such journal or publication shall reveal the name, address, or school, or any other particulars calculated to lead to; the identification of, any child or young person Concerned in such proceedings.

12. Rules of court.

(1) The Chief Justice and any three Judges of the Supreme Court nominated by him may frame rules of court for regulating the procedure and practice in Magistrates' Courts and Municipal Courts sitting as Juvenile Courts; and the provisions of the Code of Criminal Procedure Act shall apply to the procedure and practice in such Juvenile Courts, in so far as those provisions are not inconsistent with the provisions of this Ordinance or of any rules framed under this subsection.

(2) The matters for which rules may be framed under subsection (1) shall be deemed to be added to the list of matters for which rules may be framed, constituted, and established under Article 136 of the Constitution; and the provisions of that Article of the Constitution shall apply accordingly to any rules of court framed under subsection (1) for the purposes of this Ordinance,

(3) The Minister in charge of the subject of justice may frame rules for regulating the procedure and practice in Primary Courts sitting as Juvenile Courts; and the provisions of the Primary Courts' Procedure Act relating to the procedure and practice in criminal cases before such courts shall, in so far as those provisions are not inconsistent with the provisions of this Ordinance or of any rules made under this subsection, apply in cases heard by a Primary Court sitting as a Juvenile Court.

PART II

SPECIAL PROVISIONS APPLICABLE TO ALL COURTS IN RELATION To CHILDREN AND YOUNG PERSONS PRELIMINARY PROCEEDINGS

13. Separation of children and young offenders from adults in police stations.

Arrangements shall be made for preventing a child or young person while detained in a police station or while being Conveyed to or from any Criminal Court, or while waiting before or after attendance in any Criminal Court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that a girl (being a child or young person) shall while so detained, being conveyed or waiting, be under the care of a woman.

14. Bail or detention of children and young persons arrested.

(1) Where a person apparently under the age of sixteen years is arrested, with or without warrant, and cannot be brought forthwith before the competent court of summary jurisdiction, the person making the arrest shall take such person to the nearest police station and the officer in charge of that station shall inquire into the case and shall release such person if a recognisance is entered into by him or his parent or guardian (with or without Sureties) for such an amount as will, in the opinion of the officer, secure his attendance upon the hearing of the charge:

Provided, however, that where the competent court of summary jurisdiction is a Magistrate's Court, the officer in charge of the station may detain and deal with him in the manner provided in subsection (2) if—

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