On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/10/2001.
19. Section 44 of the principal Act is amended —
(a)
by deleting the word “Where” in the 1st line of subsection (1) and substituting the words “Subject to the provisions of this section, where”;
(b)
by inserting, immediately after the word “person” in the 2nd line of subsection (1), the words “(referred to in this section as the offender)”;
(c)
by inserting, immediately after the word “guardianship” in subsection (1)(d), the words “and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender”;
(d)
by deleting paragraphs (e) and (f) of subsection (1) and substituting the following paragraphs:
“(e)
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;
(ea)
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;
(f)
to order the offender to be detained in a place of detention for a period not exceeding 6 months;
(fa)
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;”;
(e)
by deleting paragraph (i) of subsection (1);
(f)
by deleting paragraph (j) of subsection (1) and substituting the following paragraph:
“(j)
to order the offender to be brought before a District Court to be dealt with under section 13 of the Criminal Procedure Code (Cap. 68) if the offender —
(i)
has attained the age of 16 years; or
(ii)
having attained the age of 14 years but being below the age of 16 years, 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)(g) to be sent to an approved school established under section 62,
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.”;
(g)
by inserting, immediately after subsection (1), the following subsections:
“(1A) For the purpose of subsection (1), the Juvenile Court shall have power —
(a)
to make the orders referred to in subsection (1)(b), (c), (d), (e), (ea), (f), (fa), (g) and (h) singly, or combine, in such manner as it thinks just and expedient in the circumstances —
(i)
any 2 or more of the orders referred to in subsection (1)(b), (c), (d), (e), (ea) and (h);
(ii)
any order under subsection (1)(f) with any one or more of the orders referred to in subsection (1)(d), (e) and (h);
(iii)
any order under subsection (1)(fa) with any one or more of the orders referred to in subsection (1)(c), (d), (e), (ea) and (h); or
(iv)
any order under subsection (1)(g) with any one or more of the orders referred to in subsection (1)(d) and (h); and
(b)
without prejudice to paragraph (a)(ii) or (iii), to make an order under subsection (1)(fa) to run consecutively to an order under subsection (1)(f).
(1B) Where the Juvenile Court makes an order under subsection (1)(f) for the detention of an offender in a place of detention in combination with a probation order under subsection (1)(e), the period of the offender’s detention shall not exceed 3 months.
(1C) Where the Juvenile Court makes an order under subsection (1)(fa) for the detention of an offender over a weekend, the offender’s detention shall commence at 3.00 p.m. on Saturday and end at 5.00 p.m. on the Sunday immediately following.
(1D) If an offender, without reasonable excuse, contravenes or fails to comply with any order made by the Juvenile Court under subsection (1) (referred to hereinafter 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 thereof has not been complied with.
(1E) Where an offender, while being detained in a place of detention or an approved school pursuant to an order under subsection (1)(f) or (g), is found guilty of another offence by the Juvenile Court, the Court may, instead of making a fresh order against the offender under subsection (1)(f) or (g), extend the period of detention that is being served by the offender.”;
(h)
by inserting, at the end of subsection (2)(a), the word “or”;
(i)
by deleting paragraphs (b), (c), (d) and (e) of subsection (2) and substituting the following paragraph:
“(b)
order the person to be brought before a District Court to be dealt with under section 13 of the Criminal Procedure Code (Cap. 68) if the person —
(i)
has attained the age of 16 years; or
(ii)
having attained the age of 14 years but being below the age of 16 years, 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)(g) 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.”; and
(j)
by deleting subsection (3).