Cap. 23] CHILDREN AND YOUNG PERSONS

1 Cap. 23] CHILDREN AND YOUNG PERSONSCHAPTER 23 CHILDREN AND YOUNG PERSONSO rdinancesNos. 48 of 1939,13 of 1944,42 of 1944,12 of 1945, 47 of 1956AN ORDINANCE TO MAKE PROVISION FOR THE ESTABLISHMENT OFJUVENILE COURTS, FOR THE SUPERVISION OF JUVENILE OFFENDERS,FOR THE PROTECTION OF CHILDREN AND YOUNG PERSONS , ANDFOR OTHER CONNECTED PURPOSES.[Parts I, II, and III- 28th April, 1952.][Parts IV* and V (except section 76) not in operation.][Part VI and section 76-31st December, 1952.]Short title and dateof operation.[ 2, 13 of 1944.]1. This Ordinance may be cited as the CHILDREN and YoungPersons Ordinance, and shall come into operation on such dateas the President, may appoint by Proclamation published in theGazette:Provided that different dates may be appointed for the cominginto operation of different provisions of this IESTABLISHMENT OF JUVENILE COURTS, JURISDICTION OFAND PROCEDURE IN JUVENILE COURTS, & 'sMagistrates.

2 [ 3, 13 of 1944.]2. A court of summary jurisdiction sitting for the purposeof hearing any charge against a child or YOUNG person or for thepurpose of exercising any other jurisdiction conferred on aJuvenile Court by or under this Ordinance or any other writtenlaw shall be known as a Juvenile (1) There may be appointed, for each Magistrate's Court,a person or PERSONS , by name or by office, to be or to act asMagistrate or Magistrates of that court when that court is sittingas a Juvenile Court.* Part IV is repealed by Act No. 47 of AND YOUNG PERSONS [Cap. 23(2) There may be appointed, for each Municipal Court, aperson or PERSONS , by name or by office, to be or to act asMagistrate or Magistrates of that court when that court is sittingas a Juvenile Court.]

3 (3) Where the number of PERSONS to be appointed for anycourt under subsection (1) or subsection (2) is less than three,the person or each of the PERSONS to be so appointed must be anattorney-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 soappointed for any court must be an attorney-at-law or a personwho holds or has held judicial office.(4) A woman shall not be disqualified, by reason onlyof her sex, from being appointed as a Magistrate undersubsection (1) or subsection (2).(5) Every person appointed under subsection (1) orsubsection (2) shall be known as a CHILDREN 's Magis-trate of the judicial division or municipal town forwhich he is appointed, and is hereinafter referred to as" a CHILDREN 's Magistrate ".

4 (6) Where the number of CHILDREN 's Magistratesappointed for any Magistrate's Court or MunicipalCourt is less than three, the jurisdiction conferred bythis Ordinance or by any other written law on suchcourt, sitting as a Juvenile Court, shall be exercisedby the Magistrate or either of the Magistrates soappointed.(7) Where the number of CHILDREN 's Magistratesappointed for any Magistrate's Court or MunicipalCourt is three or more, the jurisdiction conferred bythis Ordinance or by any other written law on suchcourt, sitting as a Juvenile Court, may be exercisedeither (a) by any one of such Magistrates sitting alone, if he is anattorney-at-law or holds or has held judicial office.

5 Or(b) by any three of such Magistrates sitting togetherincluding in every such case one who is an attorney-at-law or holds or has held judicial 23] CHILDREN AND YOUNG PERSONS (8) In any case where any three CHILDREN 's Magistrates sittogether as provided in subsection (7), such Magistrates shallelect one of their number to be the chairman of the court for thesitting, and-(a) the proceedings of the court, and the evidence givenbefore the court, shall be recorded by the chairman;(h) the verdict of the court, and every order made by thecourt, shall be signed by the chairman and by at leastone of the other Magistrates;(c) the decision of the majority of such Magistrates shall, inthe event of any difference of opinion between suchMagistrates, be the decision of the court.

6 (9) In this section, "judicial office" does not include the officeof President of a Rural Court* or the office of CHILDREN ' (1) Notwithstanding anything in any written law to thecontrary but subject as hereinafter provided, a Magistrate's Courtsitting as a Juvenile Court shall have jurisdiction to hear anddetermine any case in which a child or YOUNG person is chargedwith any offence other than a scheduled offence and any questionof law or fact arising in such case.(2) A Municipal Court sitting as a Juvenile Court shall haveno jurisdiction to hear and determine any case in which a childor YOUNG person is charged with having committed an offenceother than an offence which, in the case of an adult, is triable bysuch Municipal Court under the provisions of the MunicipalCouncils Ordinance or of any other written law.

7 (3) A Rural Court sitting as a Juvenile Court shall have nojurisdiction to hear and determine any case in which a child oryoung person is charged with having committed any offenceother than an offence, which, in the case of an adult, is triable bysuch court under the provisions of the Rural Courts Ordinance*or of any other written law.* The references to "Rural Court" and "the Rural Courts Ordinance" in thisOrdinance should be omiited consequent to the repeal of the Rural CourtsOrdinance by the Administration of Justice Law, No. 44 of ofJuvenile AND YOUNG PERSONS [Cap. 235. (1) Subject as hereinafter provided, no chargeagainst a child or YOUNG person and no applicationwhereof the hearing is by this Ordinance or by anyother written law assigned to Juvenile Courts, shallbe heard by a court of summary jurisdiction which isnot a Juvenil e Court :Provided that (a) no case in which a child or YOUNG person ischarged with having committed a scheduledoffence shall be heard and determined by aJuvenile Court.]

8 And (b) a charge made jointly against a child or youngperson and a person who has attained the ageof sixteen years shall be heard by a court ofsummary jurisdiction other than a JuvenileCourt ; and(c) where in any case a child or YOUNG person ischarged with an offence, the charge may beheard by a court of summary jurisdiction whichis not a Juvenile Court, if a person who hasattained the age of sixteen years is in the samecase charged with the abetment of that offence ;and(d) where, in the course of the proceedings beforeany court of summary jurisdiction other thana Juvenile Court, it appears that the person towhom the proceedings relate is a child or youngperson, nothing in this section shall be cons-trued as preventing the court, if it thinks fitso to do, from proceeding with the hearing anddetermination of those No direction, whether contained in this Ordinanceor in any other written law, that a charge shall bebrought before a Juvenile Court.

9 Shall be construed asrestricting the powers of any court of summary juris-diction which is not a Juvenile Court to entertain anapplication for bail or for a remand and to hear suchevidence as may be necessary for that (1) A Juvenile Court shall sit as often as may benecessary for the purpose of exercising any jurisdictionconferred on such court by or under this Ordinanceor any other written certainmatters for bailby courtsnot sitting of 23] CHILDREN AND YOUNG PERSONS (2) A Juvenile Court shall sit in a different buildingor room from that in which sittings of courts other thanJuvenile Courts are held:Provided, however, that this subsection shall notapply in the case of a Rural Court sitting as a JuvenileCourt, if a different building or room is not availablefor the sittings of such Juvenile Court.

10 (3) No person shall be present at any sitting of aJuvenile Court except (a) members and officers of the court;(b) parties to the case before the court, theirattorneys-at-law and witnesses and otherpersons directly concerned in that case; and(c) such other PERSONS as the court may speciallyauthorize to be ofJuvenileCourt toproceed withhearing whereaccusedperson is nota child oryoung (1) A Juvenile Court sitting for the purpose ofhearing a charge against, or an application relating to,a person who is believed to be a child or YOUNG personmay, if it thinks fit so to do, proceed with the hearingand determination of the charge or application,notwithstanding that it is discovered that the person inquestion is not a child or YOUNG person.