Children and Young Persons Act

In this Act, unless the context otherwise requires —

“Action Team on Child Protection” means a team established in accordance with section 13;

“approved home” means an institution appointed or established under Part XII as an approved home;

“approved institution” means any place declared as such under section 17 of the Offenders (Probation and Community Service)

(Chapter 220);

“approved school” means an institution appointed or established under Part XII as an approved school;

“child” means a person who has not attained the age of 14 years;

“Community Development Officer” means a staff in the

Department of Community Development;

“court” means a court of competent jurisdiction;

“development” includes physical, intellectual, emotional, social and behavioural development;

“Director” means the Director of Community Development;

“guardian” of a child or young person means the parent of that child or young person or any person appointed by deed or will or by the order of a court to be the guardian of that child or young

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person, or any person who has adopted that child or young person;

and includes any person who has the lawful custody of that child or young person;

“hospital” means any hospital or clinic of the Government or any private hospital or clinic;

“juvenile” means a person who has attained the age of 7 years of age but who has not attained the age of 18 years;

“manager” includes a warden and superintendent and any other person having the management or control of any approved school, approved home, remand home, place of detention or place of safety;

“medical officer” means a person registered under the Medical

Practitioners and Dentists Act (Chapter 112);

“medical social officer” means a member of the Medical Social

Work Unit;

“Minister” means the Minister of Culture, Youth and Sports;

“Permanent Secretary” means the Permanent Secretary of the

Ministry of Culture, Youth and Sports;

“place of detention” means any place provided or appointed as a place of detention under section 63(1);

“place of safety” means any place declared as such under section 97(1), or any other place as the protector considers suitable if the occupier of such place is temporarily willing to receive a child or young person;

[S 60/2008]

“premises” includes any dwelling house, building, shop, room, conveyance or any place whether open or enclosed;

“protector” means the Director and such other persons as the

Minister may, by notification published in the Gazette, declare to be vested with all or any of the duties of a protector under this Act, and any public officer appointed under section 3;

“register” means the Register of Children and Young Persons in

Need of Protection kept and maintained under section 5;

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“Registrar” means the Registrar of Children and Young Persons in

Need of Protection appointed under section 4;

“remand home” means any place provided or appointed as a remand home under section 61(1);

“school” means any government or non-government educational institution;

“senior police officer” means a police officer not below the rank a probationary assistant superintendent;

“staff” means any officer or any other person working in the

Department of Community Development;

“supervisor” means the officer in charge of a welfare home;

“visitor” means a person appointed to be a member of a board of visitors under section 75(1);

“welfare home” means any welfare home gazetted by the Minister;

“young person” means a person who has attained the age of 14 years of age but who has not attained the age of 18 years.

For the purposes of this Act, a child or young person is in need of protection if —

For the purposes of this Act —

In the interpretation and application of this Act, when any question arises with respect to the welfare of any child or young person in any particular circumstances, the best interests of that child or young person shall always be the paramount consideration.

Details entered in the register shall be furnished to any court, when so requested by the court, and to —

Details contained in the register may be furnished to —

Details furnished under this section shall not include any information which discloses or is likely to lead to the disclosure of the identity of any person who has made a notification that a child or young person is in need of protection.

Offences in respect of register.

A Juvenile Court shall be presided over by a magistrate.

The magistrate, when determining the method of dealing with a child or young person in respect of whom a written report is obtained by the

Juvenile Court regarding his background, family history, school record or such other matters, shall sit with two advisers selected from a panel of advisers nominated by the Chief Justice, except that where it appears that the

Court cannot without adjournment be fully constituted and that an adjournment would be inexpedient in the interests of justice, he may sit with one adviser or he may sit alone.

Except as modified or extended by this Act, the provisions of the

Criminal Procedure Code (Chapter 7) shall apply to a Juvenile Court as if that Court were a Court of a Magistrate.

Jurisdiction of Juvenile Court.

Subject to the provisions of this section, no child or young person shall be charged with or tried in a summary way for any offence except by a Juvenile Court.

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Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless —

Where a charge is made jointly against a child or young person and a person who has attained the age of 18 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court.

Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, notwithstanding subsection (1), proceed with the hearing and determination of the proceedings.

A Juvenile Court shall have jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Court of a

Magistrate, the Intermediate Court or the High Court.

A person who has attained the age of 18 years on the date of commencement of the hearing of the charge shall not be tried by a Juvenile

Court.

Where in the course of any trial before a Juvenile Court, the child or young person to whom the trial relates attains the age of 18 years, nothing in subsection (6) shall prevent the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.

In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting him in his defence to the charge.

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Place of sitting and persons who may be present.

A Juvenile Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by this Act or by any other written law.

No person shall be present at a sitting of a Juvenile Court except —

Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection, or as an offender or otherwise, shall have regard to his welfare and shall, in a proper case, take steps to remove him from undesirable surroundings, and for securing that proper provision is made for his education and training.

A court shall not order a child who has attained the age of 10

years to be sent to an approved school, a remand home or place of detention unless for any reason, including the want of a suitable person of his own religious persuasion who is willing to take care of him, the court is satisfied that he cannot suitably be dealt with otherwise.

Any protector or police officer who is satisfied on reasonable grounds that a child or young person is in need of protection may without warrant and with such assistance by such force as is necessary, by day and by night, enter any premises in which the child or young person is to be found take him into temporary custody and commit him to a place of safety, unless such protector or police officer is satisfied that the taking of proceedings in relation to such child or young person is undesirable in his best interests or that proceedings are about to be taken by some other person.

Subject to section 18, every child or young person taken into temporary custody under subsection (1) shall be brought before a Juvenile

Court within 3 working days of his being so taken.

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If for any reason it is not possible for the child or young person to be brought before a Juvenile Court within the time specified in subsection (2) —

If a child or young person is placed in a place of safety under subsection (3), the person in charge of that place of safety shall have the like control of that child or young person as his guardian and shall be responsible for his maintenance, and he shall continue in the care of such person notwithstanding that he is claimed by his guardian or by any other person.

Any person who takes a child or young person into temporary custody under this section shall forthwith —

If a protector or police officer who takes a child or young person into temporary custody under section 17(1) is of the opinion that he is in need of medical examination or treatment, such protector or police officer may, instead of taking him to a place of safety, take him to a medical officer.

If at the time of being taken into temporary custody under section 17(1) a child or young person is a patient in a hospital, the protector or police officer may leave him in the hospital.

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If a protector or police officer does not take a child or young person into temporary custody under section 17(1) but is of the opinion that he is in need of medical examination or treatment, he may in writing direct the person who appears to have the care of that child or young person to forthwith take him to a medical officer.

If the person referred to in subsection (3) fails to comply within 48 hours with a direction made under that subsection, a protector or police officer may take the child or young person into temporary custody for the purpose of taking him to a medical officer.

Medical examination and treatment.

A medical officer before whom a child or young person is taken under section 18(1) or (4) —

If the medical officer is of the opinion that the hospitalisation of a child or young person is necessary for the purposes of medical care or treatment, a protector or police officer may authorise his hospitalisation.

Authorisation of medical treatment.

If a medical officer is of the opinion that a child or young person referred to in section 17 requires treatment for a minor illness, injury or condition, a protector or police officer may authorise such treatment.

If a medical officer is of the opinion that a child or young person referred to in section 17 is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a protector or police officer shall immediately notify or attempt to notify and consult his guardian

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or any person having the authority to consent to such treatment and may, with the written consent of such guardian or other person, authorise such medical, surgical or psychiatric treatment as may be considered necessary by the medical officer.

If the written consent referred to in subsection (2) cannot be obtained or if there is an immediate risk to the health of the child or young person, a protector may authorise such treatment as may be considered necessary by the medical officer.

No liability incurred for giving authorisation.

If a child or young person is examined or treated pursuant to section 19 or 20, the protector or police officer who authorised such examination or treatment, the medical officer who examined or treated him and all persons acting in aid of such medical officer, shall not incur any liability at law by reason only that the child or young person is examined or treated pursuant to these sections.

Nothing contained in subsection (1) shall relieve a medical officer from liability in respect of the examination or treatment of a child or young person if he would have been subject to such liability had the examination or treatment been carried out or administered with the written consent of the guardian of the child or young person or other person having authority to consent to it.

Control etc. of hospitalised children and young persons.

If a medical officer is of the opinion that a child or young person who he has examined or treated has been physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, he shall immediately notify a protector or a police officer.

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Any medical officer who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000.

For the purposes of subsection (1), the referral of a child or young person examined by a private medical officer to a Government medical officer on any of the grounds mentioned in subsection (1) shall be sufficient to satisfy the duty of notification imposed by subsection (1).

A medical officer may take the child or young person referred to in subsection (1) into temporary custody until such time as the temporary custody of that child or young person is assumed by a protector or police officer.

A conviction under subsection (2) shall be deemed to be infamous conduct for the purposes of section 20(1) of the Medical

Practitioners and Dentists Act (Chapter 112).

Steps to be taken after medical examination or treatment.

A child or young person taken into custody under section 17(1)

who subsequently undergoes a medical examination or treatment shall, upon the completion of such examination or treatment or, if he is hospitalised, upon his discharge from the hospital, be placed in a place of safety until such time as he can be brought before a Juvenile Court.

A child or young person taken into custody under section 18(4)

who subsequently undergoes a medical examination or treatment shall, upon the completion of such examination or treatment or, if he is hospitalised, upon his discharge from the hospital, be returned to the person from whose care he was taken.

Duty of member of family.

If any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a protector.

Any member of the family who fails to comply with subsection (1) commits an offence and shall on conviction be released on a bond on conditions to be determined by the Court.

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Any member of the family who fails to comply with any of the conditions of the bond provided for in subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.

Duty of child care centre.

If a child care centre believes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, it shall immediately inform a protector.

Any child care centre which fails to comply with subsection (1)

is guilty of an offence and liable on conviction to a fine not exceeding

$5,000, imprisonment for a term not exceeding 2 years or both.

In this section, “child care centre” means a child care centre licensed under the Child Care Centres Act (Chapter 218).

Any person who, being a person having the care of a child or young person —

The court may, in lieu of or in addition to any penalty specified in subsection (1), order the person convicted of an offence under that subsection to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring him to undergo such counselling and psychotherapy as may be specified therein.

If a person who is ordered to execute a bond of good behaviour under subsection (2) fails to comply with any condition thereof, he shall be —

For the purpose of subsection (1), a guardian or other person legally liable to maintain a child or young person shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to provide from his own resources, he fails to provide him with adequate food, clothing, medical or dental treatment, lodging or care.

A person may be convicted of an offence against subsection (1)

notwithstanding that —

begging or receiving alms, or of inducing the giving of alms; or

any illegal activity or any other activity detrimental to his health or welfare, is guilty of an offence and liable on conviction to a fine not exceeding

$10,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 8 strokes, or both.

Leaving child or young person without reasonable supervision.

the taking of a child or young person into the care, custody or control of a grandparent, a brother or sister of the whole or half-blood or either of his parents;

the taking of a child or young person into the care, custody or control of his guardian;

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the taking of a child or young person into the care, custody or control of any person in pursuance of an order of a court or in pursuance of an order under the Women and Girls Protection Act

(Chapter 120);

the taking in of a child or young person as a resident of a place of safety, school or hospital, or a home or institution maintained by the Government;

the taking in of a child or young person as a boarder at a school registered under any written law relating to education;

the taking of a child or young person who is regularly attending a school registered under any written law relating to education into the custody of a friend or relative of his guardian, with the consent of his guardian.

Notification of taking into care, custody or control.

Where a person takes a child or young person into his care, custody or control under this Part —

On receiving a notification under subsection (1), the protector may make such inquiry as he thinks fit as to the reasons for the taking and as to the suitability for that purpose of the person who had taken the child or young person into his care, custody or control and if, after such inquiry, the protector considers it in his best interests, he shall either —

For the purpose of this section, a “person” includes an institution or a centre —

A protector, on receiving any notification under subsection (1), shall record the particulars thereof in a register to be kept by him for that purpose.

Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 5 strokes, or both.

Subsequent obligations.

Where the taking of a child or young person has been notified to, and approved by, a protector under section 32, the person who has taken him shall, if at any subsequent time —

On receiving a report under subsection (1), the protector shall —

Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 5 strokes, or both.

Power of protector to require production of child or young person.

Whenever a protector has reason to believe that there is a child or young person in respect of whose taking no notification has been made under section 32, he may in writing require the person who has or who he believes has his care, custody or control to appear before him at a time and place specified and to produce the child or young person.

If the person on whom a requirement has been made under subsection (1) fails to produce the child or young person at the time and place specified therein, the protector may issue a warrant authorising the person named therein to search for such child or young person and to produce him before the protector.

Any child or young person named or described in such warrant may be removed by the protector to a place of safety and there temporarily detained until the protector has completed his inquiries under this Part or may, for the like period, be temporarily committed to the care, custody or control of a relative or other fit person on such terms as the protector may require.

The protector may make such inquiries as he thinks fit as to the circumstances and reasons for the taking of the child or young person referred to in subsection (1) and as to the suitability of the person who has taken the child or young person into his care, custody or control.

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If, after the inquiries mentioned in subsection (4) the protector considers it in the best interests of the child or young person, he may either —

If the taking of a child or young person by any person has been permitted under subsection (5)(b) subject to any conditions and if default is made in complying with any such conditions, the protector may by warrant under his hand order that the child or young person be committed to a place of safety or to the care, custody or control of a relative or other fit person on such conditions as the protector may require until he attains the age of 18

years or for any shorter period.

Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly, partly, temporarily or permanently, the possession, custody or control of a child or young person for any valuable consideration is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.

Every person who without lawful authority or excuse harbours or has in his possession, custody or control of any child or young person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Brunei Darussalam is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.

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For the purposes of subsection (2), if any person harbours or has in his possession, custody or control of any child or young person without lawful authority or excuse, such child or young person shall, until the contrary is proved, be presumed to be a child or young person with respect to whom the temporary or permanent, possession, custody or control has been transferred or conferred for valuable consideration.

It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or young person or his guardian was a consenting party to the marriage or to the adoption, and has expressly consented to it.

has been brought into Brunei Darussalam after having been transferred for either valuable consideration, or by fraud, misrepresentation or any false pretence;

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has been transferred to the care, custody or control of any person for valuable consideration, either within or outside Brunei

Darussalam; or

is being detained against his will by any person other than his guardian, he may either —

require any person in whose care or custody or under whose control the child or young person appears to be, to furnish him with copies of such child or young person’s and that person’s own photographs, and to furnish security to the satisfaction of the protector that such child or young person will not leave the District in which he then is without the previous written consent of the protector, and will not be transferred to the care, custody or control of any other person without the previous written consent of the protector, and that he will be produced before the protector whenever he so requires; or

A protector or any Community Development officer authorised in that behalf in writing by the protector may at any time visit and inspect the place where any child or young person in respect of whom security has been furnished under section 38 lives or is believed to live or to be.

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A protector or any Community Development officer authorised under subsection (1) may inquire into the condition and circumstances of the child or young person referred to in that subsection and, for the purposes of such inquiry, the protector or such officer may require any person to answer any questions he may ask.

Where a person apparently below the age of 18 years is arrested with or without warrant, he shall be brought before a Juvenile Court.

Where the person cannot be brought immediately before a

Juvenile Court, the officer making the arrest shall, without unnecessary delay, take or send him before a magistrate who shall inquire into the case and unless —

Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or of any other written law —

Where a court considers it necessary to do so in the interests of a child or young person, it may require his guardian to withdraw from the court.

Removal of disqualification or disability on conviction.

A child shall not be sentenced or ordered to be imprisoned for any offence or be committed to prison in default of payment of a fine or costs.

A young person shall not be ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine, damages or costs, unless the court is satisfied that he is of so unruly a character that he cannot be detained in a place of detention or an approved school.

Notwithstanding the provisions of any other written law, no child or young person shall be sentenced by any court other than the High Court to corporal punishment.

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Punishment of certain grave crimes.

Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, attempted murder or of voluntarily causing grievous hurt, and the court considers that none of the other methods by which the case may legally be dealt with is suitable, it may sentence him to be detained during His Majesty the Sultan and Yang

Di-Pertuan’s pleasure.

Where a sentence has been passed under subsection (1), the child or young person shall during that period, notwithstanding any other provision of this Act, be liable to be detained in such place and on such conditions as His Majesty the Sultan and Yang Di-Pertuan may direct, and whilst so detained shall be deemed to be in legal custody.

Any person so detained may, at any time, be released by His

Majesty the Sultan and Yang Di-Pertuan on licence which may be in such form and contain such conditions as His Majesty the Sultan and Yang

Di-Pertuan may direct and may at any time be revoked or varied by His

Majesty the Sultan and Yang Di-Pertuan.

Where a licence has been revoked, the person to whom the licence relates shall return to such place as His Majesty the Sultan and Yang

Di-Pertuan may direct, and if he fails to do so he may be apprehended without warrant and taken to that place but without prejudice to the power to release him on licence again.

Subject to the powers of His Majesty the Sultan and Yang

Di-Pertuan under this Act and any other written law, if a person is ordered to be detained under subsection (2), the Board of Visiting Justices for the prison or the board of visitors for any other place —

Where a child or young person is charged before a Juvenile

Court with any offence for the commission of which a fine may be imposed, and damages or costs or both may be awarded, and the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties, whether with or without any other punishment, the Court may in such case and shall, if the offender is a child, order that the fine imposed and damages or costs awarded be paid by his guardian, unless the

Court is satisfied that the guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

Where a child or young person is charged with any offence, a

Juvenile Court may order his guardian to give security for his good behaviour.

Where a Juvenile Court thinks that a charge against a child or young person is proved, the Court may make an order against the guardian under this section for the payment of damages or costs or requiring him to give security for the good behaviour of the child or young person, without proceeding to record a finding of guilt against the child or young person.

An order under this section may be made against a guardian who, having been required to attend, has failed to do so, but, subject to subsection (1) no such order shall be made without giving the guardian an opportunity to be heard.

Any sum imposed and ordered to be paid by a guardian under this section, or on forfeiture of any security, may be recovered from him in the manner provided by the Criminal Procedure Code (Chapter 7) in like manner as if the order had been made on the conviction of the guardian of the offence with which the child or young person was charged.

Power of other courts to remit juvenile offenders to Juvenile Court.

Any court by or before which a child or young person is found guilty of an offence may, if it thinks fit, remit the case to a Juvenile Court.

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Where any such case is so remitted, the offender shall be brought before a Juvenile Court accordingly, and the Juvenile Court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by the Juvenile Court.

No appeal shall lie against an order of remission made under subsection (1), but nothing in this subsection shall affect any right of appeal against the verdict or finding on which such an order is founded.

A person aggrieved by the order of the Juvenile Court to which the case is remitted may appeal therefrom to the High Court as if he had been tried and found guilty by the Juvenile Court.

A court by which an order remitting a case to a Juvenile Court is made under this section —

The words “conviction” and “sentence” shall not be used in relation to children and young persons dealt with by a Juvenile Court.

Any reference in any written law to a person convicted, a conviction or a sentence shall, in the case of a child or young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.

Procedure in Juvenile Court.

Where a child or young person is brought before a Juvenile Court for any offence, it shall be the duty of the Court as soon as possible to explain to him in simple language suitable to his age and understanding the substance of the alleged offence.

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After explaining the substance of the alleged offence, the

Juvenile Court shall ask the child or young person whether he admits the facts constituting the offence.

If the child or young person does not admit the facts constituting the offence, the Juvenile Court shall then hear the evidence of the witnesses in support thereof.

At the close of the evidence in chief of each witness, the witness may be cross-examined by or on behalf of the child or young person.

The Juvenile Court shall, except in any case where the child or young person is legally represented, allow his guardian or, in his absence, any relative or other responsible person to assist him in conducting his defence.

If in any case where the child or young person is not legally represented or assisted in his defence as provided for in subsection (5), the child or young person, instead of asking questions by way of cross-examination, makes assertions, the Juvenile Court shall then put to the witness such questions as it thinks necessary on behalf of the child or young person and may, for this purpose, question the child or young person in order to clarify any point arising out of those questions.

If it appears to the Juvenile Court that a prima facie case is made out, the Court shall explain to the child or young person the substance of the evidence against him and, in particular, any points therein which specially tell against him or require explanation and the child or young person shall be allowed to give evidence upon oath or to make a statement if he so desires and the evidence of any witness for the defence shall be heard.

If the child or young person admits the offence or if the Juvenile

Court is satisfied that it is proved, he and his guardian, if present, shall then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.

Before deciding how to deal with the child or young person, the

Juvenile Court may obtain such information as to his family background, religion, general conduct, home surroundings, school record, medical history and state of development as may enable it to deal with the case in his best

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interests, and may put to him any such question arising out of any such information.

The information referred to in subsection (9) may include any written report of a probation officer, a Community Development officer, a medical officer or any other person whom the Juvenile Court thinks fit to provide a report, and may be received and considered by the Court without being read aloud.

For the purpose of subsection (9), the Juvenile Court may —

Where the Juvenile Court has received and considered a written report of a probation officer, a Community Development officer, a medical officer, a medical social officer or any other person whom the Court thinks fit to provide a report —

Where the Juvenile Court considers to do so is necessary in the interests of the child or young person, it may require his guardian to withdraw from the Court.

Presumption as to age.

Where, in a charge for an offence triable under this Act, it is alleged that the person by whom the offence was committed was below or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence below or to have attained that age, as the case may be, he shall for the purposes of this Act, be presumed at that date to have been below or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated.

Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a medical officer who has assessed that person stating to the effect that, in his opinion, that person has or has not attained a specified age, may be given in evidence.

Powers of Juvenile Courts on proof of offence.

Subject to this section, where a Juvenile Court is satisfied that an offence has been proved, or where the child or young person (referred to in this section as the offender) admits the facts constituting the offence, the

Court shall, in addition to any other powers exercisable by virtue of this Act or any by other written law, have power —

For the purposes of subsection (1), the Juvenile Court shall have power —

Where the Juvenile Court makes an order under paragraph (g) of subsection (1) for the detention of an offender in a place of detention in combination with a probation order under paragraph (e) of that subsection, the period of detention shall not exceed 3 months.

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Where the Juvenile Court makes an order under subsection (1)(h)

for the detention of an offender over a weekend, the period of detention shall commence at 3 pm on Saturday and end at 5 pm on the Sunday immediately following.

If an offender, without reasonable excuse, contravenes any order made by the Juvenile Court under subsection (1) in this subsection referred to as the original order or any condition thereof, the Juvenile Court may make such order as is necessary for the offender to be produced before it and thereafter deal with the offender by —

Where an offender, while being detained in a place of detention or an approved school pursuant to an order under subsection (1)(g) or (i) is found guilty of another offence by the Juvenile Court, the Court may, instead of making a fresh order against the offender under those paragraphs, extend the period of detention being served by the offender.

Where a Juvenile Court is satisfied, on the representations of the manager of a place of detention, approved school or approved home, that a person ordered to be detained in that place of detention, approved school or approved home is of so unruly a character that he cannot safely be so detained, the Court may —

Without prejudice to section 51, the Juvenile Court may, for the purpose of dealing with a child or young person who has been found guilty of committing an offence (in this section referred to as the offender), convene a family conference in accordance with the prescribed requirements and a family conference so convened may deal with the offender in any one or more of the following ways, by —

In exercising its powers under this section, the family conference shall —

If the offender fails —

A person who attends a family conference (not being the offender, the guardian of the offender or any other member of the offender’s family) shall not divulge any personal information obtained at the conference relating to any of those persons.

Any person who contravenes subsection (4) is guilty of an offence and liable on conviction to a fine not exceeding $1,000.

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Additional orders which may be made by Juvenile Court in relation to child or young person found guilty of offence.

Where a child or young person has been dealt with in connection with an offence by a court or by a family conference, the Juvenile Court may, on its own motion or on the application of the Director or a protector, make an additional order requiring either or both the child or young person and his guardian to undergo such counseling, psychotherapy or other programme or to partake in such other activity as it thinks necessary for the purpose of —

In making an order under subsection (1), the Juvenile Court may require the guardian of the child or young person to enter into a bond to comply with such order.

Any guardian who fails to comply with any order or requirement made by the Juvenile Court under subsection (1) or (2) is guilty of an offence and liable on conviction to a fine not exceeding $2,000.

Maximum age limit for detention in place of detention, approved home or approved school.

no person shall be detained in a place of detention after he has attained the age of 18 years; and

no person shall be detained in an approved school or an approved home after he has attained the age of 19 years.

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Appeals.

Subject to subsections (2) and (3), every child or young person who is taken into custody under section 17(1) shall, within 3 working days of being so taken into custody, be brought before a Juvenile Court.

Notwithstanding subsection (1), a child or young person who is taken into custody under section 17(1) and who is being medically examined or treated under Part V shall be brought before a Court within 24 hours of the completion of such examination or treatment or, if he is hospitalised, upon his discharge from the hospital.

Notwithstanding subsections (1) and (2), where it is not possible to bring a child and young person who is taken into custody under section 17(1) before a Juvenile Court within the time prescribed in subsections (1) and (2), he shall be brought before a magistrate who may direct that he be placed in a place of safety or, notwithstanding section 17(2), be committed to the care of a fit person until such time as he can be brought before a Juvenile Court.

Powers of Juvenile Court.

If a Juvenile Court is satisfied that any child or young person brought before it under section 56 is a child or young person in need of protection, it may —

A Juvenile Court may, in making any order under subsection (1), impose such conditions or give such directions as it may consider appropriate for the purpose of ensuring the safety and well-being of the child or young person, and every person upon whom such conditions are imposed or to whom such directions are given shall comply with such conditions or directions.

No order under subsection (1) shall be made without giving the guardian of the child or young person an opportunity to attend and to be heard.

Notwithstanding subsection (3), an order under subsection (1)

may be made if the guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time.

Before making an order under subsection (1), the Juvenile Court may obtain such information as to his family background, religion, general conduct, home surroundings, school record and medical history as may enable it to deal with the case in the best interests of the child or young

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person and may, for the purpose of obtaining such information or for any special medical examination or observation, adjourn the case for a period or periods not exceeding 2 months at a time and may make in respect of the child or young person, as an interim order having effect only during the period of any adjournment, any order which it could have made under subsection (1).

In determining what order to make under subsection (1), the

Juvenile Court shall treat the best interests of the child or young person as the paramount consideration.

If an order is made placing a child or young person in a place of safety or in the custody of a fit person or in the charge of a foster-parent, the manager in charge of that place of safety, such fit person or such foster-parent shall have the like control of the child or young person as his parent and shall be responsible for his maintenance notwithstanding that he is claimed by his guardian or any other person.

If the Juvenile Court is not satisfied that the child or young person brought before it under section 53 is in need of protection, the Court may order that the child or young person be returned to the care and custody of his guardian.

Children and young persons beyond parental control

Power of guardian to bring child or young person before Juvenile Court.

Where the guardian of a child or young person proves to a

Juvenile Court that he is unable to control him, the Court, if satisfied that —

The provisions of section 57(5) and (6) shall apply, with the necessary modifications, in respect of an order made by the Juvenile Court under subsection (1) as they apply in respect of an order made by the

Juvenile Court under section 54(1).

The Juvenile Court may, on the application of the Director, a protector or the guardian of any child or young person in respect of whom an order under subsection (1) has been made, vary or discharge the order if it is satisfied that it is in the best interests of the child or young person to do so.

Additional orders of Juvenile Court.

Where a child or young person has been dealt with under section 57 or 58, the Juvenile Court may, on its own motion or on the application of the Director or a protector, make an additional order requiring either or both the child or young person and his guardian to undergo such counseling, psychotherapy or other assessment and treatment or to partake in such other activity as it thinks necessary for the purpose of —

In making an order under subsection (1), the Juvenile Court may require the guardian of the child or young person to enter into a bond to comply with such order.

Any guardian who fails to comply with any order or requirement of the Juvenile Court under subsection (1) or (2) is guilty of an offence and liable on conviction to a fine not exceeding $2,000.

Failure to comply with requirements of supervision order.

The Minister may provide or appoint such remand homes as may be required for the purposes of this Act.

Whenever any person apparently below the age of 18 years has been arrested and is not released on bail, any police officer shall, notwithstanding the provisions of any other written law, cause that person to be remanded in a remand home until he can be brought before a court unless the officer certifies that —

The certificate shall be produced to the court before which that person is brought.

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Remand of or committal to custody in remand home.

A court remanding a child or young person who is not released on bail shall, notwithstanding the provisions of any other written law, instead of remanding him in custody in a prison, remand him in custody in a remand home named in the order of remand for the period for which he is remanded or until he is delivered therefrom in due course of law.

A court committing for trial a child or young person who is not released on bail shall, notwithstanding the provisions of any other written law, instead of committing him to prison, commit him to a remand home, to be remanded there for the period for which he is committed or until he is delivered therefrom in due course of law.

Notwithstanding subsection (1), any person who is subject to the jurisdiction of the Juvenile Court who has attained the age of 18 years but has not attained the age of 19 years may be remanded at a remand home.

Notwithstanding subsections (1) and (2), in the case of a young person it shall not be obligatory for the court to remand him in or commit him to a remand home under either of those subsections if the court considers that it is impracticable to do so, or that he is of so unruly a character that he cannot safely be so remanded or committed, and in that case the court may remand him in custody in, or may commit him to, a prison.

An order of remand or committal under this section may be varied or, in the case of a young person who proves to be of so unruly a character that he cannot safely be remanded in a remand home, revoked by any court and if it is revoked he may be remanded in custody in, or committed to, a prison.

The order in pursuance of which a child or young person is committed to custody in a remand home shall be delivered with the child or young person to the manager of the remand home and shall be sufficient authority for his remand in that place in accordance with the tenor thereof.

A child or young person while so remanded, and while being conveyed to and from the remand home, shall be deemed to be in lawful custody, and if he escapes may be apprehended without warrant and brought back to the remand home in which he was remanded.

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The Minister may provide or appoint such places of detention as may be required for the purposes of this Act.

The order or judgment in pursuance of which a child or young person is committed to custody in a place of detention shall be delivered with the child or young person to the person in charge of the place of detention and shall be sufficient authority for his detention in that place in accordance with the tenor thereof.

A child or young person while so detained and while being conveyed to and from the place of detention shall be deemed to be in lawful custody, and if he escapes may be apprehended without warrant and brought back to the place of detention in which he was detained.

When any person is, under the provisions of this Act, committed by an order or judgment of a court to a place of detention, the order shall not be invalidated by any subsequent proof that the person is not a child or young person; but in that case it shall be lawful for the court before which such proof is brought to order the production of the person before it for inquiry and, if it thinks fit, to revoke the order of committal, and the order shall thereupon be cancelled.

The manager of any institution intended for the reception, care and rehabilitation of persons sent there under this Act may apply to the

Minister to appoint that institution as an approved school or approved home.

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The Minister may, after directing the Director to make such inquiries as he thinks fit, so appoint the institution and issue a certificate of appointment and approval to the manager thereof, and such certificate shall be published in the Gazette.

Any institution appointed under subsection (2) shall, while that certificate remains in force, be an appointed approved school or approved home, as the case may be, for the purposes of this Act.

Manager may make regulations with approval of Minister.

A report on the condition of an approved school or approved home shall be made to the Minister by the Director, if the Director is dissatisfied with the condition of that approved school or approved home.

The Minister may, upon consideration of this report, cancel his certificate and, upon notice in writing of such cancellation having been given to the manager, the approved school or approved home shall cease to be an approved school or approved home, as the case may be, from such time as is specified in the notice, and such cancellation shall be notified in the Gazette.

Manager or his executor or administrator may cancel certificate.

The manager of an appointed approved school or approved home may, upon giving 6 months’ written notice, and the executors and administrators of a deceased manager may, upon giving one month’s written notice of his or their intention to do so, apply for the cancellation of the certificate issued to the approved school or approved home.

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Where a notice has been given under subsection (1) and has not been withdrawn, the certificate shall be deemed on the expiration of the notice to be cancelled, and such cancellation shall be published in the

Gazette.

Duties of managers.

When the certificate of an approved school or approved home has been cancelled, the Minister may order that the persons resident therein either be discharged or be transferred to some other approved school or approved home.

The total period for which any person is detained in an approved school or approved home shall not be increased by the transfer under subsection (1).

Minister may establish approved schools and approved homes.

The Minister may, by order published in the Gazette, establish such approved schools and approved homes as may be necessary for the purposes of this Act.

Every such order shall specify the premises in which the approved school or approved home to which it refers is to be established and shall state whether the same is to be used for male or female persons, or both.

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Control and management of approved schools and approved homes established under section 72.

Approved schools and approved homes established by the

Minister under section 72 shall be under the control and management of —

In controlling and managing any approved school or approved home established under section 72, the Director or a governing board appointed under subsection (1)(b) shall have the powers, functions and duties conferred or imposed on the manager of an approved school or an approved home by this Act.

Director may make regulations for approved schools and approved homes.

The Minister may, by notification published in the Gazette, appoint such persons as he may think fit to be members of a board of visitors in respect of any approved school, approved home, remand home, place of detention or place of safety for such period as may be specified in the notification.

A board of visitors shall exercise and perform such powers and duties as the Minister may direct.

Every person appointed under subsection (1) may enter at all reasonable times any approved school, approved home, remand home, place of detention or place of safety and make such inquiries or examination therein as appear to him necessary and shall also make such reports as may be required by the Minister.

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Any manager who refuses admittance to any such visitor or to the Director or any officer deputed by the Director for the purpose or offers any hindrance or obstruction to those persons after their identity is reasonably established is guilty of an offence and liable on conviction to a fine not exceeding $1,000.

Without prejudice to section 69, the manager of an approved school, approved home, remand home or place of detention shall have the following duties in respect of persons who are detained therein under this

Act —

For the purpose of discharging his duties under subsection (1), the manager —

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In this section, the reference to the manager includes any person assisting the manager in his duties.

Minister may discharge or transfer any person.

The Minister may at any time, notwithstanding any order made by the court, order any person to be discharged from an approved school, an approved home or other place of detention or to be transferred from one such place to another.

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The total period for which any person is detained in an approved school, an approved home or place of detention shall not be increased by a transfer under subsection (1).

Serious illness of child or young person detained.

In the case of the serious illness of any child or young person detained under this Act in an approved school, an approved home or a remand home in which there are no suitable facilities, the manager may, on the certificate of a medical officer, make an order for his admittance to a hospital.

So long as any child or young person who has been admitted to a hospital under subsection (1) remains there, the person having the management or control thereof shall, at the end of every month, transmit to the manager a certificate signed by him that it is in his opinion necessary that he should remain in the hospital.

Return from hospital.

So soon as, in the opinion of the person having the management and control of the hospital, it is no longer necessary that a child or young person who has been admitted to the hospital under section 78(1) should remain therein, he shall transmit to the manager of the approved school, approved home, remand home or place of detention a certificate to that effect.

Upon the transmission of the certificate, the manager shall immediately cause the child or young person to be brought back to the approved school, approved home, remand home or place of detention if he is then still liable to be detained therein.

Duty to inform manager.

Where in any case, due to the gravity of the offence for which any child or young person is in custody or for any other reason, the manager of the place where he is detained considers it to be desirable to take special measures for his security while under treatment in an approved hospital, it shall be lawful for the manager to give him into the charge of at least one fit person who shall be with him at all times.

The person referred to in subsection (1) shall have the authority to do all things necessary to prevent the child or young person from escaping, and shall be responsible for his safe custody until such time as he is handed over to the manager on his discharge from the hospital or until such earlier time as his period of detention expires.

Power of Director or protector to give consent to medical treatment.

the consent of his guardian to such medical treatment cannot be obtained despite all reasonable efforts; and

any delay in carrying out the medical treatment would cause him unnecessary suffering or endanger his health, the Director or a protector may give consent to the carrying out of such medical treatment and any consent so given shall, for all intents and purposes, be sufficient consent and authorisation for the carrying out of the medical treatment.

Review of cases of persons ordered to be detained in approved schools or approved homes.

The manager of an approved school or an approved home shall review all cases of children or young persons committed to the approved school or approved home under section 51 or 58 after they have been

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detained for a year and may, after such review, recommend to the Director that any child or young person be released on licence.

The Director, on the advice of the advisory board mentioned in subsection (4) and notwithstanding any order made by any court, shall have power to order the release on licence of any person who has been detained in an approved school or an approved home for one year, at any time before the completion of his full period of detention and on such conditions as may be imposed by the Director in the order, including a condition that he shall be under the supervision of such person as may be specified in the order.

The Director may at any time modify or cancel any of the conditions.

The Minister shall appoint one or more advisory boards which shall advise and make recommendations to the Director on such cases as may be referred to it by the Minister.

Members of an advisory board shall hold office for such period as may be stated in the appointment, which shall be published in the Gazette.

If a person released from an approved school or an approved home on licence by order of the Director fails to comply with any condition of his licence, the Director may order the return of that person to the approved school or approved home, to be detained there for the unexpired portion of his original period of detention or for such shorter period as the

Director thinks fit.

Where a person has returned to the approved school or approved home under subsection (6), the Director may, on the advice of an advisory board, order the further release on licence of that person if he has been detained for at least 6 months after his return.

If any person while under licence or after his return under subsection (6) is sentenced to imprisonment, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention in an approved school or an approved home under the original detention order.

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Escape from approved schools or approved homes.

Every person detained under this Act in an approved school or an approved home shall serve the full period of his detention as ordered by the court and shall be deemed to be in lawful custody until he is lawfully discharged therefrom.

If any person who is detained under this Act in an approved school or an approved home escapes from there before the expiry of his period of detention —

Notwithstanding anything stated in this section, no person shall be detained in any approved school or approved home after he attains the age of 19 years and 6 months.

Offence of assisting or inducing persons to escape and for harbouring or concealing escaped persons.

knowingly assists, directly or indirectly, any person legally detained under this Act in any approved school, approved home or place of detention or committed to the care or custody of any person or detained in a hospital to escape therefrom;

induces any such person so to escape; or

knowing that any such person ordered to be detained or committed has escaped, harbours or conceals or assists in harbouring or concealing that person, or causes or induces him not to return, is guilty of an offence and liable on conviction to a fine not exceeding

$1,000, imprisonment for a term not exceeding one year or both.

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Prohibition against conveying certain articles to detained persons.

conveys, supplies or causes to be conveyed or supplied to any person being detained in an approved school, an approved home, a remand home or a place of detention; or

hides or places in any such place for the use of any person being detained therein, any letter, document or any other thing is guilty of an offence and liable on conviction to a fine not exceeding $1,000, imprisonment for a term not exceeding one year or both.

Evidence of orders of Minister.

received into and was at the date of signing thereof detained still in such place; or

taken into his care or custody and was at the date of signing thereof still in his care or custody, or has been otherwise dealt with according to law, shall in all proceedings relating to that child or young person be prima facie evidence of the lawful detention or disposal of such child or young person.

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When an order has been made by a Juvenile Court committing a child or young person to the care of a fit person or sending him to an approved school, an approved home, a place of detention or a place of safety, it may, at the same time or subsequently, make an order (in this section referred to as a contribution order) on the guardian or person having the custody of the child or young person requiring him to contribute such weekly or monthly sum as the Court, having regard to the means of the guardian or that person, thinks fit.

An order made under subsection (1) may be made against the guardian or person having the custody of the child or young person who, having been required to attend, has failed to do so.

Subject to subsection (2), no such order shall be made without giving the guardian or person having the custody of the child or young person an opportunity to be heard.

A contribution order shall remain in force —

No contribution shall be payable under a contribution order in respect of any period during which a person ordered to be sent to an approved school, an approved home, a place of detention or a place of safety is released on licence from an approved school or approved home or placed under the supervision of a Community Development officer.

A contribution order made under this section —

If any person wilfully neglects to comply with a contribution order, the Juvenile Court may, for every breach of the order, direct the amount due to be levied in the manner provided by law for levying fines imposed by a Court of a Magistrate, or may sentence that person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.

Subject to subsection (2), any protector or police officer may enter and search any premises for the purpose of ascertaining whether there is therein any child or young person who is in need of protection or whether any offence against this Act is being, or has been, committed.

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A protector or police officer shall not enter any premises by the use of force unless he has first obtained a warrant issued by a magistrate.

A magistrate may issue a warrant to a protector or police officer to enter by the use of force if necessary any premises for the purposes mentioned in subsection (1) if that magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that —

Notwithstanding subsection (2), if a protector or police officer has reasonable grounds for believing that the object of the search mentioned in subsection (1) is likely to be frustrated by reason of the delay in obtaining a warrant under subsections (2) and (3) he may without the warrant, enter any premises by the use of such force as may be necessary for the purposes mentioned in subsection (1).

Any protector or police officer who enters any premises under this section shall —

A protector or police officer may, during or after any such search as is referred to in subsection (1), arrest or cause to be arrested any person reasonably suspected of having committed an offence against this Act, and may seize and detain any articles, books, documents or accounts which he may have reason to believe relate to any offence against this Act.

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In carrying out any search under this section, a protector or police officer shall have the power to ask questions and to give any such order or direction as may be necessary to the occupants of the premises for the purpose of carrying out such search.

The occupant of any premises being searched under this section shall obey any order or direction given by him touching any matter or any person connected with such search.

No person shall by force, restraint, threats, inducement or other means cause any child or young person who is in need of protection to conceal himself on or to leave any premises being searched or about to be searched by a protector or police officer under this section, with the intent that such protector or police officer may thereby be evaded or obstructed.

Obstructing protector or police officer in performing his functions.

assaults, obstructs, hinders or delays any protector or police officer in effecting any entry which he is entitled to effect under this

Act or in the execution of any duty imposed or power conferred by this Act;

refuses to answer to the best of his knowledge and belief any question which he is legally bound to answer and which is asked of him by any protector or police officer or any other person authorised under this Act;

contravenes or fails to comply with any order, direction, summons or warrant lawfully issued or any condition lawfully imposed by any protector, police officer or court under this Act, is guilty of an offence and liable on conviction to a fine not exceeding

$5,000, imprisonment for a term not exceeding 3 years or both.

Removing or helping child or young person to escape from custody.

If a child or young person is placed in a place of safety or in the custody of any person under this Act, any person who —

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If any child or young person who is placed in a place of safety or in the custody of any person under this Act is removed without lawful authority, or escapes, from such place of safety or such custody, he may be retaken by any protector or police officer and returned to such place of safety or such custody.

Protection of identity of child or young person.

No person shall publish or cause to be published any material which —

Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.

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Subsections (1) and (2) shall not apply if such person —

For the purposes of this section —

Any police officer may arrest without a warrant any person whom he reasonably believes to have committed or to be committing an offence against this Act.

Any person arrested under subsection (1) shall, after such arrest, be dealt with as provided for by the Criminal Procedure Code (Chapter 7).

Place of safety.

The Minister may, by notification published in the Gazette declare any place, to be a place of safety for the purposes of this Act.

The Minister may at any time direct the closing of any place of safety.

The Permanent Secretary may order the transfer of children and young persons from one place of safety to another as and when the need arises.

Power of court to determine and declare age of child or young person.

No person who makes any notification that a child or young person is in need of protection shall incur any liability for defamation or otherwise in respect of the making of such notification.

The making of any notification that a child or young person is in need of protection shall not, in any proceedings before any court or in any other respect, be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.

Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence —

Subsection (3) does not apply where a notification that a child or young person is in need of protection is tendered in evidence, or evidence in respect of such notification is given, by the person who made such notification.

The provisions of this section apply to a medical officer who has made a notification under section 23(1) in the same manner as they apply to a person who has made a notification that a child or young person is in need of protection.

If in any proceedings before a court for an offence against this

Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a statement which he knew or believed to be false or did not believe to be true, or if in any proceedings the court is of the opinion that justice cannot be fully done between the parties thereto without the disclosure of the name of an informer, the court may require full disclosure concerning the informer.

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Protection of Permanent Secretary and others.

the Permanent Secretary;

any protector;

any Community Development officer and supervisor of a welfare home;

any police officer;

any medical social officer; or