On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/03/2012.
42.
—(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) The Juvenile Court shall, except in any case where the child or young person is legally represented, allow his parents or guardian or, in their absence, any relative or other responsible person to assist him in conducting his defence.
(6) 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 bring out or clear up any point arising out of those questions.
(7) 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 affirmation or to make a statement if he so desires and the evidence of any witness for the defence shall be heard.
(8) If the child or young person admits the offence or the Juvenile Court is satisfied that it is proved, he and his parent or guardian, if present, shall then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.
(9) Before deciding how to deal with him, the Juvenile Court may obtain such information as to his family background, general conduct, home surroundings, school record, medical history and state of development, as may enable it to deal with the case in the best interests of the child or young person, and may put to him any question arising out of such information.
[20/2001]
(10) The information referred to in subsection (9) may include any written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Juvenile Court thinks fit to provide a report on the child, and may be received and considered by the Court without being read aloud.
[20/2001]
(11) For the purpose of subsection (9), the Juvenile Court may —
(a)
require either or both the child or young person and the parent or guardian thereof to furnish such information or render such assistance to the Juvenile Court as the Court thinks necessary;
(b)
require either or both the child or young person and the parent or guardian thereof to undergo such medical, psychological or other assessment as the Juvenile Court thinks necessary; and
(c)
from time to time release the child or young person on bail or remand him in a place of detention in order to facilitate the carrying out of any requirement of the Juvenile Court under paragraph (a) or (b).
[20/2001]
(12) The costs of and incidental to any assessment under subsection (11)(b) shall be borne by the parent or guardian of the child or young person, unless the Juvenile Court directs otherwise.
[20/2001]
(13) Where the Juvenile Court has received and considered a written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Court thinks fit to provide a report on the child or young person —
(a)
the child or young person shall be told the substance of any part of the report bearing on his character or conduct which the Court considers to be material to the manner in which he should be dealt with;
(b)
the parent or guardian, if present, shall be told the substance of any part of the report which the Court considers to be material to the manner in which the child or young person should be dealt with and which has reference to his character or conduct, or the character, conduct, home surroundings, or health of the child or young person; and
(c)
if the child or young person or his parent or guardian having been told the substance of any part of any such report desires to produce evidence with reference thereto, the Court, if it thinks the evidence material, shall adjourn the proceedings for the production of further evidence and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report.
[20/2001]
(14) If in any case the Juvenile Court considers it necessary in the interests of the child or young person, the Court may require the parent or guardian of the child or young person, as the case may be, to withdraw from the Court.