Section 51
of Children and Young Persons Act
Section 51
(1)
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 —
(a)
to discharge the offender;
(b)
to discharge the offender upon his entering into a bond to be of good behaviour and to comply with such order as may be imposed;
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(c)
to commit the offender to the care of a relative or other fit person for a period to be specified by the Court;
(d)
to order his guardian to execute a bond to exercise proper care and guardianship and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender;
(e)
subject to any other written law, to make a probation order requiring the offender to be under the supervision of a probation officer or a volunteer probation officer for a period of not less than 6 months and not more than 3 years;
(f)
subject to any other written law, to make an order, in accordance with the prescribed requirements, requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court;
(g)
to order the offender to be detained in a place of detention for a period not exceeding 6 months;
(h)
to order the offender to be detained in a place of detention or an approved institution over such number of weekends, not exceeding 52, as the Court thinks fit;
(i)
to order the offender to be sent to an approved school for a period of not less than 2 years and not more than 3 years;
(j)
to order the offender to pay a fine, damages or costs;
(k)
to order the offender to be brought before the Intermediate
Court to be dealt with under section 14A of the Criminal Procedure
Code (Chapter 7) if —
(i)
the offender has attained the age of 18 years; or
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(ii)
having attained the age of 14 years but being below the age of 18 years, the offender has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under paragraph (i) to be sent to an approved school, and the Juvenile Court is satisfied that it is expedient with a view to his reformation that he should undergo a period of training in a reformative training centre.
(2)
For the purposes of subsection (1), the Juvenile Court shall have power —
(a)
to make an order referred to in paragraph (b), (c), (d), (e),
(f)
, (g), (h), (i) or (j) of subsection (1), either singly or in combination in such manner as it thinks just and expedient in the circumstances with —
(i)
any two or more of the orders referred to in paragraphs
(b)
, (c), (d), (e), (f), and (j) of subsection (1);
(ii)
any order under paragraph (g) of subsection (1) with any one or more of the orders referred to in paragraphs
(d)
, (e) and (j) of subsection (1);
(iii)
any order under paragraph (h) with any one or more of the orders referred to in paragraphs (c), (d), (e), (f), and
(j)
of subsection (1);
(iv)
any order under paragraph (i) with any one or more of the orders referred to in paragraphs (d) and (j); and
(b)
without prejudice to paragraphs (a)(ii) and (iii), to make an order under paragraph (h) to run consecutively to an order under paragraph (g).
(3)
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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(4)
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.
(5)
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 —
(a)
making any order that the Court is empowered to make under subsection (1);
(b)
varying the original order or any condition thereof; or
(c)
directing the offender to comply with the original order or any condition thereof to the extent that the original order or condition has not been complied with.
(6)
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.
(7)
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 —
(a)
order him to be transferred to and detained in an approved school or in another approved school, as the case may be, which the
Court considers more suitable for him and to be detained there for the whole or any part of the unexpired period for which he had been ordered to be detained; or
(b)
order him to be brought before the Intermediate Court to be dealt with under section 14A of the Criminal Procedure Code
(Chapter 7) if —
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(i)
he has attained the age of 18 years; or
(ii)
having attained the age of 14 years but not having attained the age of 18 years, he has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under subsection (1)(i) to be sent to an approved school, and the Juvenile Court is satisfied that it is expedient with a view to his reformation that he should undergo a period of training in a reformative training centre referred to in section 14A of the Criminal Procedure Code
(Chapter 7).
Power to convene family conference to deal with child or young person guilty of offence.