Children's Protection and Young Offenders Act 1979 (SA)

SOUTH AUSTRALIA

CHILDREN'S PROTECTION AND YOUNG OFFENDERS ACT, 1979
This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 24 July 1989.
The Cornmissioner of Statute Revision is authorized by the Acts Republication Act, 1967, to make textual alterations of various kinds to an Act in preparing it for reprint. These alterations do not affect the substantive law. A report has been prepared containing a compre- hensive list of textual alterations made under the Acts Republication Act, 1967, in the prepa- ration of this reprint. Copies of the report are available, on request, fvom the ofjice of the Corntnissioner of Statute Revision, 11th Floor, S.G.I.C. Building, Victoria Square, Adelaide.
Children's Protection and Young Offenders Act, 1979
SUMMARY OF PROVISIONS

PART f

PRELIMINARY

Section
I. Shon title
4. Interpretation
7. Factors to be considered in dealing with a child

PART I I

CONSTITUTION AND JURISDICTION OF CHILDREN'S COURT

( 'unii~lri~~uii	of Chlldrzn's Coun
Jur~dlcuon	uf ('hildri.n'> Collii

I f, ,%

jurisdlalun uf ('uun 1s cwrclrable

Sittings of Coun

PART 111

CHILDREN IN NEED OF CARE OR PROTECTION
Application for declaration
Service of application
Orders Coun may make
Variation or discharge of orders
General power of adjournment
Procedural provisions
Orders for costs
Detention of children suspected to be in need of care or protection
How jurisdiction is exercised
Effect of guardianship order
Powers of Director-General
Review of child3 progress and circumstances

PART IV

YOUNG OFFENDERS

Application of this Division
Screening panel list
Constitution of screening panels
Functions of screening panels
Where screening panel cannot reach agreement
Procedure on decision by screening panel
Children's aid panel list
Constitution of children's aid panels

Children's aid panel must notify child of proceedings

Social background and other reports
Duties and powers of children's aid panels
Panel to refer matter to Children's Coun in certain circumstances
Procedure on decision of children's aid panel
No legal representation at panel hearings, etc.
Cenain evidence not admissible
Appearance of child before children's aid panel not to be disclosed
Places at which children's aid panels must not sit
Apprehension
Powers of Coun upon remand
Child detained in police prison, etc.. to be segregated from adults

DIVISION

IV-TRIAL

AND SENTENC~NG

Homicide to be tried in Supreme Coun
Committal to adult coun at request of child
Committal to adult court for trial or sentencing on application by Attorney-General
Preliminary examination

Children's Protection and Youne Offenders Act. 1979

~ -

iii

Power of adult court to deal with alternative offences
Provisions relating to pleas in the Children's Coun
Provisions relating to verdict of Coun
Powen of Coun on finding child guilty
Sentencing for truancy
Coun may reduce fine in cenain circumstances
How iurisdiction under this Pan is to be exercised
S:nlrncc ol ltfc impilronrncnl fur tnurdci

Sentznrlng o i rh~ldrcn

lrtcd in an sdull court

Senlenr.!ng of ch~ldrcn nho re~uo ied

rrlal in an adult arun

Imprisonment of children
Release on licence of children convicted of murdel

DIVISION

V-SPECIAL

PROVISIONS

RELATING TO BONDS

Variation or discharge of bond
Explanation and review of bonds
Breach of bond

DIVISION

Vl-SPECIAL PROVISIONS

RELATING

TO DETENTION

The Training Centre Review Board
Review of detention by Training Centre Review Board
Conditional release from detention
Absolute release from detention by Court
interpretation
Transfer of young offenders to other States
Transfer of young offenders to this State
Adaptation of correctional orders to different correctional systems
.Custody during escon
Age of criminal responsibility
Prohibition of joint charges
Reports
Attendance at coun of guardian of child charged with o&nce
Counsellors. etc.. may make submissions to coufi
Assessment panel repon must be obtained for referral to youth project centres
Duties of assessment panels under this Pan
Costs
Power of Coun to order compensation or restitution
Name and address of child to be given in cenain circumstances
PART IVA
ENFORCEMENT OF PECUNIARY SUMS AND OTHER ORDERS

DIVISION

I-ENFORCEMENT

OF PECUNIARY

SUMS

Default in payment of instalments

Detention in default of payment
Warrant for sale of goods
Costs of process will be added
Person in default may pay person executing the mandate or warrant
Postponement or suspension of warrants

Remission of pecunia~y

sum

Ex pane orders
Amount in default is reduced by detention or imprisonment served
Periodic detention on default in payment of pecuniary sum
Civil liability cannot be diminished

DIVISION

II-ENFORCEMENT

OF NON-PECUNIARY

ORDERS

Enforcement of non-pecuniary orders
PART V
APPEALS AND RECONSIDERATION O F SENTENCE
Appeals from orders. etc., under Pan 111. and other Acts
Appeals from order. etc., under Pan IV

Children's Protection and Youne Offenders Act. 1979

Single Judge may refer appeal lo Full Court
Powers of Supreme Court on appeal
Reconsideration of sentence by Children's Coun

PART VI

THE CHILDREN'S COURT ADVISORY COMMITTEE

Establishment of the Children's Court Advisory Committee
Allowances and expenses
Removal from and vacancies of office
Functions of the Advisory Committee
Reports

PART VII

MISCELLANEOUS

Determination of a person's age
Change of venue
Certain reports must he made available to child
Right of audience of officers of the Department
Legal representation of children
Coun must explain proceedings to child. etc.
Persons who may he in court
Restriction on reports of proceedings in respect of children
Detention and search by officers of Department
Hindering an officer of the Department
Delegation. etc.
Issue of warrant
Detention of children in emergencies
Detention for contempt or enforcement of order for payment of money
Mandates
Special provisions relating to work projects or programmes
Transfer of children in detention to other training centre or prison
Attorney-General's powers and functions may not be delegated. etc., to any other Minister
Summary offences
Rules of Court
Regulations
CHILDREN'S PROTECTION AND YOUNG OFFENDERS ACT, 1979

being

Children's Protection and Young Offenders Act. 1979, No. 44 of 1979 [Assented to 15 March 19791'

as amended by

Children's Protection and Young Offenders Act Amendment Act. 1980. No. 50 of 1980 [Assented to 3 July 19801'; Children's Protection and Young Offenders Act Amendment Act. 1982, No. 65 of I982 [Assented to I July 19821: Children's Protection and Young Offenders Act Amendment Act. 1984. No. 43 of I984 [Assented to 24 May 19841';
Statutes Amendment (Bail) Act. 1985. No. 6 of 1985 [Assented to 7 March 19851';
Statute Law Revision Act, 1986. No. 14 of 1986 [Assented to 20 March 198613;
Statutes Amendment (Children's Bail) Act. 1986, No. 33 of 1986 [Assented to 10 April 198616:
Children's Protection and Young Offenders Act Amendment Act. 1986. No. 34 of 1986 [Assented to 10 April 19861':
Children's Protection and Young Offenders Act Amendment Act. 1988. No. 29 of 1988 [Assented to 21 April 1988IX:
Statutes Amendment and Repeal (Sentencing) Act. 1988. No. 51 of 1988 [Assented to 5 May 1988]':
Children's Protection and Young Offenders Act Amendment Act (No. 2). 1988. No. 81 of 1988 [Assented to
I December 19881;
Children's Protection and Young Offendeis Act Amendment Act (No. 3). 1988. No. 82 of 1988 [Assented to
I December 19881:
Children's Protection and You'ng Offenders Act Amendment Act, 1989. No. 31 of 1989 [Assented to 4 May 1989]3U.
NOTE: Asterisks indicate repeal or deletion of text. For further explanation see Appendix 1.
An Act to provide for the protection, care and rehabilitation of children; to provide for the welfare of the community; and for other purposes.
The Parliament of South Australia enacts as follows:

PART I

PRELIMINARY

Short title
1. This Act may be cited as the Children's Protection and Young Offenders Act, 1979.

' Came into operation (exrep: 3s. 9(3)(hi. 542). (1) and the pan of the schedule atkling the Guardianship of Infants Act. 1940) 1 July 1979:

Go..	28 June 1979. p. 1951: s. 5q2) came into operation 19 February 1981: Go= 19 February 1981. p. 455: remainder of suspended provisions

repealed by the Children's Protection and Young Offenders Act Amendment Act. 1980.

Came into operation 3 July 1980: Go:.

3 July 1980. p. 3.

' Came into operation 2 May 1985: Go:. 2 May 1985. p. 1364.
Came into operation 7 July 1985: Gn:. 9 May 1985. p. 1398.
' Came into operation (except Schede. 3. 4 and 6) 31 July 1986: Go:. 17 July 1986. p. 269: Sched. 6 came into operation I September 1986:
Go= 7 August 1986. 8. 474: Sched. 3 came inla operation 24 July 1989: Gnz. 29 June 1989. p. 1756.

T a m e into operation 30 Mach 1987: Cia:.

26 February 1987. p. 440.

' Came into operation (except s. 4) 30 March 1987: Go:.

26 February 1987. 0. 440: s. 4 not brought into operation.

" Came intb opration I September 1988: Go:. 25 August 1988. p. 795.

" Came into operation (except rs. 3-6. 12. 15-20, 22-27. 30-19. 41-68. 70-78) 12 May 1988: Go:

12 May 1988. p. 1181: $3. 3 and 4 came into

operation 8 Septembcr 1988: (ior. 8 September. 1988. p. 994: remainder of Act came into operation I January 1989: Go= IS December 1988.
p. 2W9.

"' Came into operation (except Sched. I ) I January 1989: s. 2 (I): khed. I came into operation 24 July 1989: Go:.

29 June 1989. p. 1756

N.B. The amendment effected to this An by the Adoption Act. 1988, had not been brought into operation at the date of. and has not been
included in. this reprint.
2 Children's Protection and Youne Offenders Act. 1979

Interpretation

4. In this Act, unless the contrary intention appears- "adult court" means the Supreme Court of South Australia or a District Criminal
Court:
"alternative offence", in relation to an offence for which a child has been committed
for trial, means any other offence-
(a) that is founded upon facts alleged against the child in proceedings for the
first mentioned offence;
and
(b) that bears a lesser penalty than the first mentioned offence:
"assessment panel" means an assessment panel constituted under the Community

Wevare Act,

1972:

"child"-
(a) in relation to any proceedings (other than proceedings for offences), means a person who had not attained the age of 18 years at the commencement of those proceedings;
and
(b) in relation to proceedings for an offence, means a person who had not
attained the age of 18 years on the date of the alleged offence:
"children's aid panel" means a children's aid panel constituted under Part 1V:
"the Children's Court" or "the Court" means the Children's Court of South Australia
constituted under Part 11:
"complaint" includes information:
"the Department" means the Department for Community Welfare:
"the Director-General" means the person for the time being holding, or acting in, the
office of Director-General of Community Welfare:
"group I offence" means a group I offence as defined in the Local and District Criminal
Courts Act, 1926:
"group 11 offence" means a group I1 offence as defined in the Local and District
Criminal Courts Act, 1926:

"group I11 offence" means a group I11 offence as defined in the Local and District

Criminal Courts Act, 1926:

4.3

"guardian", in relation to a child, means a parent of the child and any person (other than the Minister) who is the legal guardian of the child or who has the immediate custody and control of the child:
"homicide" means-
(a) an offence against section 11, 12, 13, 16 or 17 of the Criminal Law

Consolidation Act, 1935;

,;! 3

'c,

(b) an offence against section 270a of that Act of attempting to commit an
offence referred to in paragraph (a);
or
(c) an offence against section 270ab of that Act:
"Judge" means a Judge or an Acting Judge of the Children's Court:

Children's Protection and Youne Offenders Act. 1979

"magistrate" means a magistrate within the meaning of the Magistrates Act, 1983:
"the Minister" means the Minister of Community Welfare, or any other Minister of the Crown for the time being discharging the duties of office of that Minister, or acting in the exercise or performance of powers or functions delegated by that Minister:
"minor indictable offence" means minor indictable offence within the meaning of the
Justices Act, 1921:
"panel" means screening panel, children's aid panel or assessment panel:
"parent", in relation to a child, includes a stepmother or stepfather of the child:
"pecuniary sum" means-
(a) a fine;
(b) compensation;
(c) costs;
(d) a sum payable pursuant to a bond or a surety ancillary to a bond;
or
(e) any other amount payable pursuant to an order or direction of the Court
under Part IV,
and includes a levy imposed under the Criminal Injuries Compensation Act. 1978: "prescribed unit", in relation to a sum in default, means-
(a) $50;
or
(b) if some other amount is prescribed, that amount,
and includes any fraction left after dividing the sum in default by the relevant
amount:

"prison" means a prison administered under the Correctional Services Act, 1982, and

any police prison, police station, watch-house or lock-up:

"Senior Judge" means the Senior Judge or the Acting Senior Judge of the Children's

Court:

"screening panel" means a screening panel constituted under Part IV:
"simple offence" means simple offence within the meaning of the Justices Act, 1921:
"special justice" means a special justice within the meaning of the Justices Act, 1921:
"training centre" means a home established by the Minister under the Communit.~ Welfare Act, 1972, for the reception, detention, correction and training of children:
"the Training Centre Review Board" means the board established under Division VI
of Part IV:
"truancy" means the offence of truancy under the Education Act, 1972:
"working day" means a day of the week other than Saturday, Sunday or a public
holiday:
4 Children's Protection and Young Offenders Act, 1979
"'youth project centre" means a youth project centre established under the Community

Welfare Act,

1972.

Note: For definition of divisional penalties see Appendix 2.
Factors to be considered in dealing with a child

7. (1) In any proceed~ngs under this Act, any court, panel or other body or person, in the exercise of powers in relation to the child the subject of the proceedings, must seek to secure for the child such care, protection, control, correction or guidance as will best lead to the proper development of the child's personality and to the child's development into a responsible and useful member of the community and, in so doing, must consider the following factors:

f=j

(a) the need to preserve and strengthen the relationship between the child and parents and other members of the child's family;
(b) the desirability of leaving the child within the child's own home;
(c) the desirability of allowing the education or employment of the child to continue without interruption;
(ca) the child's ethnic or racial background and the need to guard against damage to the child's sense of cultural identity;
(d) where appropriate, the need to ensure that the child is aware of his or her respon- sibility to bear the consequences of any action against the law;
and
(e) where appropriate, the need to protect the community, or any person, from the violent or other wrongful acts of the child.
(2) Where the proceedings are under Part 111, the court, panel or other body or person must, in complying with the requirements of subsection ( I ), regard the incrests of the child as the paramount consideration.

PART I1

CONSTITUTION AND JURISDICTION O F CHILDREN'S COURT

Constitution of Children's Court

8. ( 1 ) The Children's Court of South Australia is established.
( 2 ) The Court is constituted of the following members:
(a) the District Court Judges designated by the Governor, by instrument in writing, as Judges of the Children's Court;
(b) the magistrates designated by the Governor, by instrument in writing, as members of the Children's Court;
and
(c) every special justice and justice of the peace
(3) The Governor may appoint a Judge of the Children's Court to be the Senior Judge of the Court and may, where it appears necessary or expedient to do so, appoint a Judge of the Children's Court to be an Acting Senior Judge of the Court for a period specified in the instrument of appointment.

Children's Protection and Youne Offenders Act. 1979

(4) The Governor may, by further instrument in writing, vary or revoke any instrument referred to in subsection (2).
(5) The Senior Judge may delegate to any Judge of the Children's Court any powers, duties or functions under section 54 or 87.

(6) A delegation under subsection (5) IS revocable at w~ll,

and does not prevent the

0	exercise or performance of any power, duty or function by the Senior Judge. Jurisdiction of Children's Court

9. (1) Subject to this Act, no complaint against a child may be heard or disposed of in any court other than the Children's Court.
(2) The validity of any decision, judgment or order of a court is not affected by non- compliance with subsection (I) in a particular case.

0	(3) Subject to this Act, the Children's Court has, in relation to proceedings-

(a) under Part 111;
(c) on an appeal under the Community Welfare Act, 1972,
all the powers of a local court under the Local and District Criminal Courts Acr, 1926.
(4) In addition to the powers conferred by subsection (3), the Children's Court has the following powers:

(a) in relation to any proceedings under Part 111, the power to hear and determine any

matter ex parte in such circumstances as the Court thinks fit;
and

(b)	in relation to any proceedings to which subsection (3) applies, any prescribed power.

(5) The provisions of the Justices Act, 1921, apply, subject to this Act, with necessary modifications to and in relation to proceedings in the Children's Court upon a complaint against a child and, for the purposes of any such proceedings (other than a preliminary examination), the Children's Court sits as a court of summary jurisdiction.

How jurisdiction of Court is exercisable

CJ	10. Subject to thls Act or any other Act, the jurisdiction of the Children's Court is exercisable by the members of the Court in the following manner:

(a) by a Judge, magistrate or special justice, sitting alone;
or
(b) by two justices of the peace, sitting together.
-
Sittings of Court
11. (1) So far as is reasonably practicable, the Children's Court must not sit in a building in which some other court is simultaneously sitting.
(2) The Senior Judge of the Children's Court may make the necessary administrative arrangements for the hearing and disposal of all proceedings before the Court.
6 Children's Protection and Young Offenders Act,1979
(3) Any number of members of the Children's Court may sit contemporaneously in exercising the jurisdiction of the Court.

PART I11

CHILDREN IN NEED O F CARE OR PROTECTION

(""3

Application for declaration

,,.. '..

12. ( I ) Where the Minister is of the opinion that a child is in need of care or protection
because-

(a) a guardian of or a person residing with the child has maltreated or neglected the child to the extent that the child has suffered, or is likely to suffer, physical or mental injury, or to the extent that the child's physical, mental or emotional development is in jeopardy;

(6)	the guardians of the child are unable or unwilling to exercise adequate supervision and control over the child;

(c) the guardians of the child are unable or unwilling to maintain the child;

*	*	*	*	*	*	*	*	*	*
or

(d) the guardians of the child are dead, have abandoned the child, or cannot, after reasonable enquiries, be found,
the Minister may apply to the Children's Court for a declaration that the child is in need of
care or protection.

( la) Before making an application under this section in respect of a child, the Minister-

(a) should, except in cases where urgent action is required, arrange for a conference between appropriate employees of the Department and the Children's Interests Bureau to provide advice assisting the Minister to decide' on the action that should be taken in relation to the child;

and
(b) should, unless of the opinion that to do so would not be in the best interests of
the child, have the guardians of the child notified in writing of the action that is contemplated, the possible consequences of an application under this section, and of the availability of legal advice and any other relevant assistance.

(2) The following persons are parties to an application under this section:

(a) the Minister:
(b) the child to whom the application relates;
(c) each guardian of the child;
and

(d) where a ground of the application is that a person residing with the child has maltreated or neglected the child-that

person.

PC\

Service of application
13. (1) The Minister must cause a copy of an application under section 12 to be served-
(a) on the child to whom the application relates, if the child is of or above the age of
10 years;
and

Children's Protection and Young Offenders Act, 1979

(b) on each other party to the application.
(2) The application must be served personally, but-

(a) if it is not practicable to serve the application personally on a party (not being the

child);

(6) if the whereabouts of such a party has not, after reasonable enquiries, been

ascertained,
the application may be served on that person by post addressed to the person at his or her
last known place of residence or employment.
(3) A copy of an application for service in accordance with this section must be endorsed with a notification of the place, date and time for the hearing of the application.
(4) The Court must not, unless it thinks urgent action is required, proceed to hear an application under this section if any party served with the application has not had at least five days' notice of the hearing.
Orders Court may make
14. ( 1 ) If the Court finds, on an application under this Part, that a child is in need of care or protection on any of the grounds referred to in section 12, the Court will make a declaration to that effect and, subject to subsection (2), may do any one or more of the following things:

(a) place the child under the guardianship of the Minister or any other person for a

specified period;
(b) place the child under the control of the Director-General for a specified period, but only to such extent, specified in the order, as the Court thinks necessary to secure the proper care, protection or control of the child;

(c)	direct that the child reside, or not reside, with a specified person or in a specified

place;
(4 direct that a guardian of the child take specified steps to secure the proper care, protection or control of the child;
(e) direct a person who is, or has been, residing with the child (if that person is a party to the application) to do any one or more of the following:
(i) to cease or refrain from residing in the same premises as the child;

(iii) to refrain from having any contact with the child except in the presence

(ii) to refrain from coming within a specified distance of the child's residence;

of some other person;

(iv) to refrain from having any contact at all with the child;
fl if an order is made under paragraph (a) or (b), direct-
(i) that any specified person be allowed, or not be allowed, access to the child; (ii) that the Minister or other guardian exercise his or her powers under the
order in a specified manner;
(g) make such other ancillary orders as the Court thinks fit.
(2) Where the Court finds that a child is in need of care or protection on the ground that
a person (not being a guardian) residing with the child has maltreated or neglected the child,
8 Children's Protection and Young Offenders Act, 1979
the Court may not make an order for guardianship under subsection (I) (a) unless satisfied that the guardians of the child knew, or ought to have known, of the maltreatment or neglect.
(3) Upon declaring that a child is in need of care or protection, the Court may, in such circumstances as it thinks fit, adjourn the proceedings for a period not exceeding three months.
(4) Upon any adjournment under this section, the Court may make any order referred to in subsection (I), to have effect for the period of the adjournment.

(5) On the expiration of the period of adjournment or at such earlier time as the Court,

on application by a party to the application, allows, the Court may-
(a) declare that the child is no longer in need of care or protection and discharge any
order;
(b). affirm the declaration that the child is in need of care or protection;
(c) affirm or vary the terms of any order;
(d) discharge any order;
(e) make any order that the Court is empowered to make under subsection (1).
(6) No order under this section may extend beyond the time at which the child attains the age of 18 years.
(7) A party to the application (other than the child) who, having been served personally

with an order made under this section, contravenes or fails to comply with the order is guilty

of an offence.

Penalty: Division 8 imprisonment.
Variation or discharge of orders
15. (1) A party to an application under this Part may apply to the Court for an order to terminate, or vary, an order made by the Court under section 14 in respect of the child.
(3) Subject to subsection (4), a copy of an application under this section must be sewed
by the applicant on each other party to the proceedings in the manner provided by

section (4) Where a child makes an application under this section, the Court must effect service

13 (2).

of the application on behalf of the child.	(3
(5) A copy of an application for service in accordance with this section must be endorsed with a notification of the place, date and time for the hearing of the application.

(6) The Court may, on an application under this section-
(a) declare that the child is no longer a child in need of care or protection and discharge
the order;
(b) affirm the declaration that the child is in need of care or protection;
(c) affirm or vary the terms of the order;
or

(4 discharge the order and substitute for it any other order that it is empowered to

make under section 14.

Children's Protection and Young Offenders Act, 1979

General power of adjournment
16. (1) The Court may adjourn the hearing of an application under this Part for a period not exceeding 35 days.
(2) The Court must not, except with the approval of the Senior Judge, adjourn the hearing of an application more than once.
(3) The Court may, on an adjournment under this section, do any one or more of the following things:
(a) place the child under the guardianship of the Minister;
(b) direct that the child reside with a specified person or in a specified place;
(c) direct that a guardian of the child take specified steps to secure the proper care, protection or control of the child;
(d) if an order is made under paragraph (a), direct-
(i) that any specified person be allowed, or not be allowed, access to the child; (ii) that the Minister exercise his or her powers under the order in a specified
manner;
(e) make such other ancillary orders as the Court thinks fit.
(4) An order under subsection (3) has effect only during the period of the adjournment. (5) A party to the application (other than the child) who, having been served personally with an order made under this section, contravenes or fails to comply with the order is guilty of an offence.
Penalty: Division 8 imprisonment.
Procedural provisions
17. (1) In proceedings under this Part the Court is not bound by the rules of evidence, but may inform itself upon any matter relating to the proceedings in such manner as the Court thinks fit.
(2) Any fact to be proved by a person in proceedings under this Part is sufficiently proved if it is proved on the balance of probabilities.
(2a) Proceedings under this Part must be dealt with expeditiously.
(3) In proceedings under this Part the Court may, upon the application of-

(a) a relative of the child;

(b) a person who has at any time had care of the child;
or
(c) any other person who has counselled, advised or aided the child,
hear any submissions the applicant wishes to make in respect of the child.
(3a) The Court must not proceed to hear an application under this Part unless-

(a) the child to whom the application relates is represented in the proceedings by a

legal practitioner;
(b) the Court is satisfied that the child has made an informed and independent decision not to be so represented.
10 Children's Protection and Young Offenders Act, 1979
(3b) Where the child is to be represented by, but is not capable of properly instructing, a legal practitioner, the legal practitioner must represent to the Court his or her view as to what constitutes the interests of the child.

(3c) The Court must not make a final order in proceedings under this Part unless-

(a) the child has been afforded a reasonable opportunity to appear in person before the Court and make such representations to the Court as the child wishes;

or	0
(b) the Court is satisfied that the child is not capable of appearing and making

representations.
(4) The Court may require such reports as the Court thinks desirable to assist it in making any determination, decision or order under this Part.

(5) Where the Minister makes an appl~cation

under this Part, and the Court is satisfied

that no other party to the proceedings wishes to dispute the application, the Court may	43
proceed to hear and determine the application in the absence of those other parties.
(6) If the Court thinks it desirable to do so in order to expedite the proceedings, it may, at any time before or during the hearing of an application under this Part, convene a conference between the parties to the proceedings for the purposes of determining which matters are, or are not, in dispute, or of resolving any matters in dispute.
(7) A member of the Court other than the member who is hearing, or is to hear, the proceedings will preside over such a conference.
(8) Counsel for a party to the proceedings will, unless the party requests to the contrary, attend the conference.
(9) Evidence of anything said or done at a conference is inadmissible in proceedings under this Act or any other Act or law (other than proceedings arising out of the conduct of any person during the conference).
Orders for costs
18. Where the Court dismisses an application made under this Part by the Minister, the Court may make such order for costs against the Minister in favour of any other party to the proceedings as the Court thinks fit.
Detention of children suspected to be in need of care or protection
19. (1) Where an application under this Part has been made in respect of a child, a member of the Children's Court may make an order for the removal of the child from any

place.

(2) An officer of the Department authorized for the purpose by the Minister, or any member of the pollce force may, without an order or other warrant, remove from any place any child suspected on reasonable grounds of being a child in need of care or protection or in immediate danger of suffering physical or mental injury.
(3) An authorized officer of the Department or a member of the police force may, for the purpose of removing a child pursuant to this section, enter or break into any place or

premises and use such force as is reasonably necessary.

be held in custody by the Director-General with a person, or in a place (other than a prison (4) Where a child has been removed from a place pursuant to this section, the child may

or a training centre), approved by the Minister, until the child is brought before the Court

for the hearing of an application under this Part.

(5) A child who is held in custody pursuant to this section must be brought before the Court for the hearing of an application under this Part no later than the next working day following the day on which the child was taken into custody.

Children's Protection and Youne Offenders Act. 1979

1 1

How jurisdiction is exercised
20. (1) Where an application under this Part comes on for hearing before a special justice or two justices of the peace, the justice, or justices, must not proceed to hear and determine the application, but must adjourn the hearing for a period not exceeding 35 days and refer the matter to the Senior Judge for directions, and the justice, or justices, may, by order, place the child to whom the proceedings relate under the guardianship of the Minister for the period of the adjournment.
(2) Subject to subsection (I), applications under this Part must be heard and determined by a Judge or magistrate of the Court.
Effect of guardianship order
22. While a child is under the guardianship of the Minister or any other person pursuant to an order under this Part, the Minister or other person is the lawful guardian and entitled to the custody of the child to the exclusion of the rights of any other person.
Powers of Director-General
23. (1) Subject to this Act, the Director-General may from time to time make provision for the care of a child who is under the guardianship of the Minister pursuant to this Part in any of the following ways:
(a) by placing the child, or permitting the child to remain, in the care of a guardian or relative of the child;
(b) by placing the child in the care of a person who is an approved foster parent for the purposes of the Community Welfare Act, 1972, or any other suitable person;
(c) by placing the child in any home established or licensed under the Community Welfare Act, 1972, or in any other suitable place, and by making such directions as to the care and keeping of the child in that home as the Director-General thinks fit;
(d) by placing the child, if it is necessary or desirable for the sake of the physical or mental health of the child, in a hospital;
or

(e) by making such other provision for the care of the child as the circumstances of the case may require.

(2) Whenever a child has been dealt with under subsection ( I ),

the Director-General must

notify the guardians of the child in writing at their last known addresses of the manner in
which the child has been so dealt with.
(3) An officer of the Department authorized for the purpose by the Minister, or a member of the police force, may, without any warrant, remove a child who is under the guardianship of the Minister from any place, and for that purpose may enter or break into any place or premises and use such force as is reasonably necessary.
Review of child's progress and circumstances
24. (1) Where a child is subject to an order under this Part, a review of the progress and circumstances of the child-
(a) must, in the case of a child under the guardianship of the Minister, be carried out at least once in each year that the child remains under that guardianship;
and
12 Children's Protection and Young Offenders Act, 1979
(b) may, in any other case, be carried out at the Minister's discretion at such intervals as the Minister thinks fit.
(2) A review under this section will be conducted by a panel of persons appointed by the Minister, of whom-

(a) one must be-

( i ) an employee of the Department working with the Children's Interests
Bureau;
(ii) some other person (not being an employee of the Department) who is a

suitable representative of the interests of the child;

and
(h) one must be an employee of the Department.

PART IV

YOUNG OFFENDERS

DIVISION

I-SCREENING PANELS

Application of this Division
25. This Division does not apply in relation to-
(a) homicide;
(b) any offence, other than a prescribed offence, under the Motor Vehicles Act, 1959, or the Road Traffic Act, 1961, alleged to have been committed by a child of or above the age of 16 years;
(ba) any prescribed offence relating to the parking or standing of a vehicle, alleged to

have been committed by a child of or above the age of 16 years;

(bb) any alternative offence to an offence for which a child is already before a court;
(bc) an offence against section 17 of the Bail Act, 1985;
(bd) an offence, other than a prescribed offence, under the State Transport Authority
Act, 1974, alleged to have been committed by a child of or above the age of 15

years;

or
(c) truancy.
Screening panel list
26. (1) The Director-General must prepare and maintain a list containing the names and addresses of persons qualified in accordance with subsection (2) for membership of screening panels constituted under this Act.

(2) The following persons are qualified to he members of screening panels:

(a) members of the police force approved by the Chief Secretary;
and
(h) officers of the Department approved by the Minister.

Children's Protection and Youne Offenders Act. 1979

Constitution of screening panels
27. A screening panel is constituted of-
(a) a member of the police force;
and
(b) an officer of the Department,
chosen from the screening panel list.
Functions of screening panels
28. ( I ) A person must-
(a) before laying a complaint against a child for an offence;
or
(b) where the person has apprehended a child without warrant pursuant to Division 111, forthwith upon that apprehension,
refer the matter to a screening panel for consideration.
(2) Subject to subsection (2a), a screening panel must, afier considering the allegations against a child and any existing reports of the Department or of the Police Department on the child, decide whether the matter is to be brought before the Children's Court on complaint or dealt with by a children's aid panel, and must certify accordingly.
(2a) If a screening panel is of the opinion, after considering the matters referred to in subsection (2), that the child should not be dealt with at all for the alleged offence, it may certify accordingly and may, if it thinks it is appropriate to do so, recommend that the child be cautioned by a member of the police force against committing further offences.
(3) No person is to be required or is entitled to appear before, or make representations to, a screening panel.
(4) There is no appeal against a decision of a screening panel.
Where screening panel cannot reach agreement

29. Where the members of a screening panel are unable to agree on any matter, they

must appear in chambers before a Judge or magistrate of the Court, whose decision on the

matter will be final.

Procedure on decision by screening panel
30. (1) Where a screening panel has certified that a child is not to be dealt with at all for an alleged offence, or that a matter is to be beard before a children's aid panel-
(a) subject to this Act, no complaint may be laid against the child;
and
(b) if the child has been apprehended without warrant pursuant to Division 111, the child must be released from detention, or a bail agreement entered into by the child under the Bail Act, 1985, must be terminated (as the case may require).
(2) The release of a child from detention, or the termination of a bail agreement, pursuant to subsection (1) does not render that detention or bail agreement unlawful.
14 Children's Protection and Youne Offenders Act.1979
(3) Where a screening panel has certified that a matter is to be heard before the Children's Court, a complaint must be laid against the child.
(4) Nothing in this Division derogates from the discretion of any person to decide at any time not to lay a complaint against a child.
Children's aid panel list
31. (1) The Director-General must prepare and maintain a list containing the names and addresses of persons who are qualified in accordance with subsection (2) for membership of children's aid panels constituted under this Act.

(2) The following persons are qualified to be members of children's aid panels:

(a) members of the police force approved by the Chief Secretary;
(b) officers of the Department approved by the Minister;
(c) officers of the Education Department approved by the Minister of Education;
(d) persons approved by the Minister of Health.
Constitution of children's aid panels
32. (1) A children's aid panel will be constituted of-
(a) where an offence (other than a drug offence or truancy) is alleged, a member of the police force and an officer of the Department;

(ab) where a drug offence is alleged, a member of the police force, an off~cer

of the

Department and a person approved by the Minister of Health;

(b) where truancy is alleged, an officer of the Department and an officer of the Education Department;
(c) where truancy and any offence other than a drug offence are alleged, a member of

the police force, an officer of the Department and an officer of the Education

Department;

and
(d) where truancy and a drug offence are alleged, a member of the police force, an officer of the Department, an officer of the Education Department and a person

approved by the Minister of Health,

chosen by the Director-General from the children's aid panel list.
(2) A person who sat on a screening panel in relation to a child is not thereby debarred from sitting on a children's aid panel for the purpose of dealing with the same child.
(3) In this section-
"drug offence" means an offence against Part V of the Controlled Substances Act, 1984.
Children's aid panel must notify child of proceedings
33. (1) Where-
(a) it is alleged that a child has committed an offence of truancy;
or
(b) a screening panel has certified that a matter is to be heard before a children's aid
panel,

Children's Protection and Young Offenders Act, 1979

the children's aid panel must forthwith notify the child of the date, time and place at which
the child must appear before the panel.
(2) A notice given to a child under subsection (1)-
(a) must state the allegations made against the child and specify the offence the child is alleged to have committed;
and
(b) must contain a statement to the effect that if the child does not admit the allegations the child may notify the children's aid panel accordingly, and that if the panel is so notified, the case will be brought before the Children's Court.
(3) Where a child notifies the children's aid panel that he or she does not admit the

allegations, a complaint must thereupon be laid against the child for the alleged offence.

Social background and other reports

34. (1) Upon the request of a children's aid panel, the Commissioner of Police or the Director-General, or, in the case of truancy, the Director-General of Education, must cause to be prepared for the information and guidance of the children's aid panel a report setting out, as far as may be reasonably ascertainable and relevant to the matter under consideration, details of the alleged offence and of the personal circumstances and social background of the child to whom the proceedings relate.
(2) A panel may request the Director-General to obtain any further information or reports
that may be necessary or desirable for the purpose of dealing with a child under this Part
and the Director-General must, so far as is reasonably practicable, comply with such a request.
Duties and powers of children's aid panels
35. (1) Before a children's aid panel proceeds to deal with a child, the panel-
(a) must explain to the child the allegations that have been made;
(b) must satisfy itself that the child admits the allegations;
(c) must inform the child that he or she is entitled to request, at any stage of the

proceedings, that the matter be referred to the Children's Court for hearing and

determination;

and
(d) must explain to the child the implications to the child according to whether the

matter is dealt with by the panel under this Division or is brought before the

Children's Court.
(2) A children's aid panel has the following powers in dealing with a child under this
Part:
(a) the panel may warn or counsel the child and the child's guardians;
(6) the panel may request the child to undertake, in writing, to comply with such directions as may be given by the panel, including directions as to any training or rehabilitative programme to be undergone by the child;
(c) the panel may request a guardian of the child to undertake, in writing, to comply

with such directions as may he given by the panel to assist or supervise the child

in any training or rehabilitative programme to be undergone by the child;

(d) the panel may vary the terms of any undertaking on the application'of the child
or a guardian of the child, but not so as to extend the period of the undertaking;
16 Children's Protection and Young Offenders Act, 1979
(e) the panel may, at any time within the period of an undertaking, request the child to give a fresh undertaking in substitution for that existing undertaking, hut not so as to extend the period of that undertaking.
(3) A children's aid panel may require that an undertaking be given for such period, not exceeding six months, as it thinks fit.

(4) No undertaking can require a child to change the child's place of residence.

"I.

Panel to refer matter to Children's Court in certain circumstances
36. (1) A children's aid panei must refer a matter before the panei to the Children's
Court where-
(a) the child, at any stage of the proceedings, requests that the matter be heard and determined by the Court;

or	C
(b) the offence is not admitted by the child.

(2) A children's aid panel may refer a matter before it to the Children's Court where-

(a) the child, or a guardian of the child, does not appear before the panel in accordance with a requirement of the panel;
(b) the child, or a guardian of the child, refuses to give an undertaking requested by
the panel;

(3) Where a matter is referred by a children's aid panel to the Court, the panel must notify the Court in writing of the reason for so refemng the matter and also cause written notification to be given to the child and a guardian of the child of the decision of the panel to refer the matter.
Procedure on decision of children's aid panel
37. (1) Subject to subsection (2), where a child is dealt with by a children's aid panel, no criminal proceedings may he brought in any court against the child for the alleged offence.
(2) Where a children's aid panel has referred a matter to the Children's Court, a complaint must thereupon be laid against the child in respect of the alleged offence, notwithstanding any time limits provided under the Justices Act, 1921, or any other Act.

No legal representation at panel hearings, etc.

38. (1) A child appearing before a children's aid panel will not be allowed representation by a legal practitioner or other person, but the panei must hear submissions from the child, or any guardian of the child, and may, at its own discretion, hear submissions from any person who has been counselling, advising or aiding the child.
(2) No person other than the child, any guardian of the child, or any other person authorized by the panel, may be present at a sitting of a children's aid panei.

(3) A children's aid panel is not empowered to authorize a representative of the news media to be present at a sitting of the panel.	6
Certain evidence not admissible
39. Nothing said or done in any proceedings before a children's aid panel is admissible as evidence in any subsequent proceedings in respect of the offence the child is alleged to have committed.

Children's Protection and Young Offenders Act, 1979

Appearance of child before children's aid panel not to he disclosed
40. Subject to this Act, no appearance of a child before a children's aid panel-
(a) may be alleged in any proceedings before a court other than a coui-t exercising jurisdiction under this Act;
(b) may be disclosed, except with the approval of the Minister, by any body or person exercising powers under this Act in relation to the child.
Places at which children's aid panels must not sit
41. A children's aid panel must not sit for the purpose of exercising any of its functions under this Act in any place commonly used as a courthouse or office of police.

DIVISION

111-APPREHENSION

AND REMAND

Apprehension
42. (1) Where a complaint is laid alleging that a child has committed an offence, any justice may summon the child to appear before the Children's Court at a date, time and place specified in the summons or may, instead of issuing a summons, issue a warrant for the apprehension of the child.
(2) Any member of the police force may, without warrant, apprehend a child who is reasonably suspected of having committed an offence.
(3) A member of the police force may, for the purpose of apprehending a child pursuant to this section, enter or break into any place or premises and use such force as is reasonably necessary.
(3a) A child who is apprehended, whether under this section or any other Act or law, must be dealt with in accordance with the Summary Ofences Act, 1953.
(4) Where a child is not granted bail under the Bail Act, 1985, the child must be detained by the Director-General with a person (where practicable), or in a place (other than a prison), approved by the Minister and must (unless released from detention pursuant to a decision of a screening panel) be brought before the Children's Court for the purpose of remand not later than the next working day following the date of apprehension.
(5) Notwithstanding subsection (4), where a child is apprehended outside the prescribed
area and it is not reasonably practicable to detain the child in the manner provided by
subsection (4), the child may be detained-

(a) in a police prison;

(b) in a police station, watch-house or lock-up approved by the Minister.
Powers of Court upon remand
44. (1) Subject to this section, a child may from time to time be remanded by the Court

at any stage of any proceedings under this Part, and upon any remand the Court may, by

order-

(a) allow the child to go at large;
(b) release the child on bail;
(c) release the child into the custody of any suitable person;
18 Children's Protection and Young Offenders Act, 1979
(d) remand the child in custody-
(i) where the Court has committed the child to an adult court for trial pursuant

to any of the provisions of this Part-until	the child is released or
delivered in due course of law;

f i

(ii) in any other case-for

a period not exceeding 28 days,

to be detained in a place (other than a prison) approved by the Minister.

(3) An order under subsection (1) may be revoked by the Court (whether constituted of the same judicial officer or officers or not) and the Court may substitute for the order any other order it is empowered to make under that subsection.	C
(4) Where a child has been committed to an adult court for trial, the adult court must, if at any time it remands the child in custody, order that the child he detained in a place (other than a prison) approved by the Minister.
(5) Notwithstanding subsections (I) and (4), a child who has been remanded in custody for trial in a place that is outside the prescribed area may, during the course of the trial and while awaiting sentence, be detained-

(a) in a police prison;
or
(b) in a police station, watch-house or lock-up approved by the Minister,
if it is not reasonably practicable to detain the child during that period in the manner provided
by those subsections.
Child detained in police prison, etc., to be segregated from adults
44a. Where a child is being detained in a police prison, police station, watch-house or lock-up pursuant to this Division, the person for the time being in charge of the police prison, police station, watch-house or lock-up must take such steps as are reasonably practicable to keep the child from coming into contact with any adult person detained in that place.

D~VISION

Iv-TRIAL AND

SENTENCING

Homicide to be tried in Supreme Court

45. A child charged with homicide must be tried in the Supreme Court.
Committal to adult court at request of child
46. (1) Subject to section 47, where a child who is charged with an indictable offence requests trial by jury in an adult court, the Children's Court-

(a) if it is satisfied that the child has received independent legal advice with respect to the implications of trial in an adult court, will conduct a preliminary examina- tion;	Q
and
(b) if it is then satisfied that there is a case to answer, will commit the child for trial in the appropriate adult court.

(2) A child may not make a request under this section-

Children's Protection and Youne Offenders Act. 1979

(a) if determination of an application made by the Attorney-General under section 47
is pending;
(b) if, pursuant to such an application by the Attorney-General, an order has been made that the child be tried in an adult court.
Committal to adult court for trial or sentencing on application by Attorney-General
47. (1) Where the Attorney-General is of the opinion that a child charged with an indictable offence (other than a minor indictable offence) should, by reason of the gravity of the circumstances of the offence, or the fact that the child has previously been found guilty of more than one serious offence, be tried in the appropriate adult court, the Attorney-General may apply to a Judge of the Supreme Court for an order that the child be so tried.
(2) An application by the Attorney-General for an order that a child be tried in an adult

court may be made at any time before any plea is taken from the child by the Children's

Court.

(3) Where a member of the police force who has laid a complaint against a child is of the opinion that the child is one in respect of whom the Attorney-General is likely to exercise powers under this section, that member may notify the Children's Court accordingly and the Children's Court will not proceed to deal further with the child except by way of remand until the Attorney-General advises the Court that no such application is to be made, or until such an application is determined or withdrawn.
(4) The Attorney-General must, in any. application made under this section, set out the facts upon which the application is made and furnish a copy of the statement of any proposed witness for the prosecution.
(5) The Attorney-General must cause a copy of the application and, if the Supreme Court Judge so directs, a copy of any statement by a proposed witness to be served upon the child and each guardian of the child whose whereabouts is known to the Attorney-General, and the application must be endorsed with a notification of the place, date and time for the hearing of the application.
(6) The Judge will hear any submissions made by the child and by any guardian of the

child who is present at the hearing of the application.

Preliminary examination

48. Subject to this Act, the Children's Court will conduct a preliminary examination in relation to a child who is, by virtue of any provision of this Act, to be tried in an adult court.

@	Power of adult court to deal with alternative offences
48a. Where a child has been committed to an adult court for trial for an offence, the following provisions apply:

(a) the child may be tried and sentenced, or otherwise dealt with, by the adult court upon information for that offence, or for an alternative offence;
(b) the child may be sentenced or otherwise dealt with for any offence of which the child has lawfully been found guilty by the adult court.
Provisions relating to pleas in the Children's Court
49. (1) A child who is charged with an offence must, unless the child is to be tried in an adult court pursuant to this Act, plead guilty or not guilty to the charge at the commencement of the hearing in the Children's Court, and the Court will proceed to deal with the matter summarily.
20 Children's Protection and Young Offenders Act, 1979
(2) Where a child has pleaded guilty to a charge of an offence, the Court may, at any stage of the proceedings, if it is of the opinion that the child may not be guilty of the offence charged. order that the plea of guilty be withdrawn and a plea of not guilty be entered.
(3) Where the Court has exercised its powers under subsection (2), the child is not entitled to plead alrtrefois con13ict by reason of the plea of guilty.

Provisions relating to verdict of Court	c
50. ( I ) Where a child charged with an indictable offence is before the Children's Court, the Court has full power to record any alternative verdict that an adult court may record in relation to the offence charged.
(2) In any proceedings before the Children's Court under this Part the Court must deliver its verdict as expeditiously as is reasonably practicable after the hearing of evidence and addresses by counsel (if any) is concluded.	g
(5) Any verdict of the Court in relation to an indictable offence (other than a minor indictable offence) must be accompanied by a statement of the reasons of the Court for reaching that verdict.
Powers of Court on finding child guilty
51. ( I ) Subject to this Act, where the Children's Court finds a charge (other than a charge of truancy) proved against a child, the Court may, by order-'

(a) upon convicting the child, sentence the child to a period of detention of not less than two months nor more than two years in a training centre, but no period of detention may be ordered unless the Court has first obtained a report on the child and the child's circumstances from an assessment panel;

(b)

upon convicting the child, or without convicting the child, discharge the child upon a bond with or without sureties to be of good behaviour.and appear before the Court for sentence if the child fails during the term of the bond to pbserve any of its conditions, and upon any one or more of the following conditions that the Court may think fit to include in the bond:

(i) that the child be under the supervision of an officer of the Department o r other person nominated by the Director-General and obey the directions of that officer or person;

(ii) that the child attend a youth project centre at such times as may be	stipulated in the bond or required by the Director-General and obey
any directions that may be given by or on behalf of the person in charge
of that centre;

(iii) that the child participate in such project or programme as the Director-
General may require;
(iv) that the child reside with such person, or in such place, as may be stipulated
in the bond;
(v) that the child attend before the Court at such times as may be specified

in the bond for the purpose of reviewing the child's progress or circum-	6
stances;

and
(vi) any other condition that the Court may think necessary or desirable;
(c) upon convicting the child, or without convicting the child, impose a fine not
exceeding-

~~~	Children's Protection and Youne Offenders Act. 1979

(i) the maximum fine prescribed under the relevant Act or law for the offence;
or
(ii) $500,
whichever is the lesser;
or

(4 upon convicting the child, or without convicting the child, discharge the child ( la) Where the Court finds a charge against a child proved but does not convict the child, the Court may, if it considers that the circumstances constituting the offence with which the child was charged were of a trifling nature, order that, in any subsequent proceedings for an offence against the child before a court other than a court exercising jurisdiction under this Act, no reference be made to the charge against the child or the proceedings before the Court.

without penalty.

(2) The Children's Court is not empowered-
(a) to sentence a child to imprisonment;
or
(b) to fine a child, require a child to enter into a bond or disqualify a child from

holding or obtaining a licence to drive a motor vehicle, otherwise than in

accordance with this Part.

(3) Subject to this Act, the Court may make any other order for which provision is made under any Act or law in relation to the offence of which the child has been found guilty.
(4) The Court may exercise its powers under both paragraphs (b) and (c) of subsection

(1) in respect of the same offence.

(5) A bond under this section-

(a) is effective for such period, not exceeding two years;
and
(b) subject to subsection (5a). binds the child for such sum,
as may be specified in the bond.
(5a) The sum for which a child who has been found guilty of a simple offence or a minor indictable offence may be bound under a bond under this section is limited-

(a) in the case of a child under the age of 15 years, to $200;

and

(6) in the case of any other child, to $500.
(6) Where the Court has convicted and sentenced a child to a period of detention, the Court may suspend the sentence upon the child entering into a bond, with or without sureties, upon condition that the child be of good behaviour and-
(a) upon any one or more of the conditions referred to in subsection ( I ) (b);
or
(b) upon-
(i) the condition that the child participate in a work project or programme for a period determined in accordance with subsection (6b) and, during those hours, obey the directions of an officer of the Department or other person nominated by the Director-General;
22 Children's Protection and Young Offenders Act, 1979
and
(ii) any other condition that the Court may think necessary or desirable.
(6a) The Court must not include a condition referred to in subsection (6) (b) (i) in a bond
unless-

(a) the period of the suspended sentence of detention is four months or less;	8	"r
and

(b) the Court has first obtained a report on the child from an assessment panel

recommending that such a condition would be appropriate in the circumstances.

(6b) Where the Court includes a condition referred to in subsection (6) (b) (i) in a bond.

the following provisions apply:
(a) the period (in hours) of participation in the work project or programme is deter-

mined by multiplying the number of days of detention under the suspended	4
sentence by two;

(b) the child cannot be required to participate in a work project or programme for
more than eight hours on any one day;
(c) the bond expires on the completion by the child of the period of participation in
the work project or programme.
(7) Where a child whose sentence has been suspended pursuant to subsection (6) complies

with the conditions of the bond, the sentence of detention is, upon the expiration of the

period of the bond, wholly extinguished.

(8) Where the Court is of the opinion that a child of any age who has been found guilty of an offence is not a fit and proper person to hold or obtain a licence to drive a motor vehicle, or that disqualification is an appropriate penalty for the offence committed, the Court may, in addition to any other orders it may make in relation to the child, with or without convicting the child, make an order disqualifying the child from h'olding or obtaining such a licence. except for such purposes (if any) as may be specified in the order-
(a) as from a day or time specified in the order;
and
(b) either for a period specified in the order, or until further order.
(9) Upon application by the child, a Judge or magistrate of the Court may, if satisfied
that it is just or expedient. to do so, vary or revoke any order for disqualification made under

subsection (8).

(10) A child is not entitled to apply to a court of summary jurisdiction for an order removing a disqualification pursuant to section 172 of the Road Trafic Act, 1961, until after attaining the age of 18 years.	f
%
(1 I ) Subject to this Act, the Court must, before dealing with a child under this section, have regard to all the facts and circumstances relating to the child and the offence that are known to the Court, and the Court may exercise its discretion on the question of penalty as provided by this section without being bound by a minimum penalty (if any) prescribed in any Act for the offence proved against the child.
(12) Where the Court has found a charge of a group I or group I1 offence proved against a child, the Court will record a conviction unless there are, in the opinion of the Court, special reasons for not recording a conviction against the child, and the Court states those reasons in its judgment, or unless the Court is of the opinion that a group I or group I1 offence should be taken into account in fixing sentence for any other offence in accordance with subsection (13), and that a conviction should not be recorded in respect of the offence taken into account.	4

Children's Protection and Young Offenders Act, 1979

(13) Where the Court finds charges of a number of offences proved against a child, and the Court proposes to sentence the child in respect of one or more, but not all, of those offences, the Court may, in fixing sentence, take into account the offences in respect of which the child is to be discharged without penalty.
Sentencing for truancy
52. Where the Children's Court finds a charge of truancy proved against a child, the

Court may in relation to that charge make an order under section 51 (I) (b) or (d).

Court may reduce fine in certain circumstances

53. (1) Where the Children's Court imposes a fine on a child who has been found guilty of an offence, the Court may, after determining the amount that it believes ought properly to be imposed, reduce the amount of the fine to such extent as it thinks fit, having regard to the means of the child, and the child's ability to pay any fine so imposed.
(2) The Court may, in imposing a fine upon a child, order that the fine be paid at such

time, or in such instalments, as the Court thinks fit.

How jurisdiction under this Part is to be exercised

54. (1) Subject to subsection (2), the hearing of a group I or group I1 offence must be dealt with by a Judge of the Children's Court.
(2) Where it is not reasonably practicable for a Judge of the Court to deal with a matter referred to in subsection (I), the Senior Judge may direct that a magistrate of the Court deal with the matter.
(3) A Judge or magistrate of the Court must hear any group 111 offence.
(4) A special justice or justices of the peace may not, in sentencing a child-
(a) sentence the child to detention;
(b) impose a fine exceeding $100;
(c) require the child to enter a bond for more than one year, or upon any condition other than that the child be of good behaviour.
(5) A magistrate of the Court may not sentence a child to detention for more than one
year.
(6) Where the Court is constituted of a magistrate, a special justice or justices of the
peace who is, or are, of the opinion that an order should be made in relation to the child
before the Court that cannot be made by the Court as presently constituted because of this
section, the Court must remand the child for sentence and forthwith refer the matter to the
Senior Judge, who must give such directions as he or she thinks fit for the re-constitution of the Court for the purpose of sentencing the child.
(7) Nothing in this section prevents any member of the Court, on making an order for

payment of a pecuniary sum, from making an order for detention in default of payment.

Sentence of life imprisonment for murder

55. A child who is convicted of murder must be imprisoned for life.
Sentencing of children tried in an adult court
(I) Subject to this Act, where a child is committed to an adult court for trial otherwise

than upon the child's own request, that court may, upon finding the child guilty of an

offence-

56.
(a) deal with the child as an adult;
24 Children's Protection and Young Offenders Act, 1979
(b) make any order in relation to the child that could be made by the Children's Court if it were dealing with the child, or were empowered to deal with the child;
or
(c) remand the child to the Children's Court for sentencing.

(2) Where a child committed for trial on a charge of an offence is found guilty by an adult court of an alternative offence, the court cannot deal with the child as an adult.

(3) This section does not apply to a child who has been found guilty of murder.
Sentencing of children who requested trial in an adult court
57. Where a child is committed to an adult court for trial at the child's own request the
court may-
(a) make any order in relation to the child that could be made by the Children's Court

if it were dealing with the child;

or
(b) remand the child to the Children's Court for sentencing.
Imprisonment of children
58. (1) Subject to subsection (2), a child who has been sentenced to imprisonment by an adult court will serve that sentence in prison.
(2) An adult court that has sentenced a child to imprisonment may, by order, direct that the child be detained in a training centre for such period of the sentence as the court thinks fit, but not extending beyond the time at which the child attains the age of 18 years.
(3) Where an order is made under subsecti.on (2) in respect of a child-
(a) the courtmust not, at the time of imposing sentence or at any other time while the child is detained in a training centre, fix a non-parole period in respect of the sentence of imprisonment;
and
(b) this Act applies in relation to the child while in a training centre to the exclusion of the Correctional Services Act, 1982, as if the child had been sentenced to detention in a training centre.

Release on licence of children convicted of murder	"IC
58a. (1) Where a child who has been sentenced to imprisonment for life is being detained in a training centre, the Supreme Court may, on the application of the child, authorize the release of the child from detention on licence.	il
(2) On the Supreme Court authorizing the release of a child under subsection ( I ), the Training Centre Review Board must order the release of the child on licence on the day specified by the Court.
(3) The release of a child on licence under this section will be subject to such conditions as the Tralnlng Centre Review Board thinks fit and specifies in the licence.	a
(4) Where the Supreme Court has refused an application by a child for release on licence, the child may not further apply for release for a period of six months, or such lesser or greater period as the Court may have directed on refusing the application.
(5) The Training Centre Review Board may, on the application of the Crown or the child, vary or revoke any condition of a licence under this section.

Children's Protection and Young Offenders Act, 1979

(6) The Training Centre Review Board may, on the application of the Minister, cancel a release on licence under this section if satisfied that the child has contravened a condition of the licence.
(7) Where an application has been made for the cancellation of a child's release on licence, a member of the Training Centre Review Board may-
(a) summon the child to appear before the Board;
or
(6) apply to a justice for a warrant for the apprehension and detention of the child pending determination of the application.
(8) Where a child who has been summoned to appear before the Training Centre Review Board fails to attend in compliance with the summons, the Board may-
(a) determine the application in the child's absence;
or
(b) direct a member of the Board to apply to a justice for a warrant for the apprehension

and detention of the child for the purpose of bringing him or her before the

Board.

(9) A member of the Training Centre Review Board may apply to a justice for a warrant for the apprehension and return to custody of a child whose release on licence has been cancelled by the Board.
(10) Where a child who has been released on licence commits an offence while subject to that licence and is sentenced to imprisonment or detention for that offence, the release on licence is, by virtue of this subsection, cancelled.
(1 1) If a child who is to be returned to custody on cancellation of his or her release on

licence has attained the age of 18 years, he or she will be returned to custody in such prison

as the Chief Executive Officer of the Department of Correctional Services directs.

(12) A child released on licence pursuant to this section will, unless the release is earlier cancelled, remain subject to that licence until the Supreme Court, on the application of the Crown or the child, discharges the child absolutely from the sentence of life imprisonment.
(13) Both the Crown and the child are parties to any application under this section.
(14) A copy of an application under this section must be served on a guardian of the
child, unless-

(a) it is not practicable to do so;

CJ	*I ~	or
(b) the whereabouts of all of the guardians of the child cannot, after reasonable inquiries, be ascertained.

(15) For the purposes of determining an application under this section, the Supreme
Court-
(a) may hear, or receive submissions from, any person it thinks fit;
and
(b) may direct the Training Centre Review Board or any other body or person to furnish the Court with such reports as the Court may require.
(16) An appeal lies to the Full Court against-
(a) a decision of the Supreme Court on an application by a child to be released on licence under this section;
26 Children's Protection and Young Offenders Act. 1979
(b) a decision of the Supreme Court on an application by a child released on licence to be discharged from a sentence of life imprisonment.
(17) Subject to a contrary order of the Full Court, an appeal cannot be commenced after 10 days from the date of the decision against which the appeal lies.
(18) On an appeal, the Full Court may-
(a) confirm, reverse or annul the decision subject to appeal;
(b) make any order that it considers should have been made in the first instance;

(c)	make any consequential or ancillary orders.

(19) Subject to subsection (20), where-
(a) the Supreme Court decides-
(i) to release a child on licence under this section;
(ii) to discharge a child released on licence from a sentence of life imprison-
ment;
and
(b) counsel appearing on behalf of the Crown gives immediate notice that an appeal
against the decision will be instituted,
the decision has no force or effect pending the outcome of the appeal.
(20) If the Crown gives notice under subsection (19) of an appeal against a decision of the Supreme Court but then a person acting on behalf of the Crown subsequently files with the Supreme Court a notice that the Crown does not desire to proceed with the appeal, the decision will take effect.
Variation or discharge of bond
59. (1) Where a child has entered into a bond under this Part, the court may-
(a) on application by the Minister, the child, or a surety to the bond, vary the conditions
of the bond;
(b) on application by the Minister, the child, or a guardian of the child, and on being satisfied that the child's conduct has been such that it is unnecessary or

undesirable that the child should remain subject to the conditions of the bond, (2) Subject to subsection (3), no order can be made under subsection (I) on an application

discharge the bond.

by the Minister, unless the child, the Commissioner of Police and any surety to the bond have received reasonable notice of the application and have been given a reasonable oppor- tunity of calling such evidence and making such representations to the court as may be relevant to the application.

(3) The court may, by order, dispense with the giving of notice of any application under this section in such circumstances as it thinks fit.

(4) Where the child, a guardian of the child or a surety to the bond makes an application

under this section, the court must cause notice of the application to be given to the Minister

and the Commissioner of Police.

(5) Where an order is made under this section varying the conditions of a bond, the bond has effect as varied in accordance with the order.

Children's Protection and Young Offenders Act, 1979

(6) An application may be made under this section foi an order varying the conditions of a bond, or discharging the bond, by a person subject to the bond who has attained the age of 18 years, and in such a case the court may deal with the application in all respects as if the applicant were a child.
Explanation and review of bonds
60. (1) Where a child enters into a bond, or the conditions of a bond are varied, under this Part, the court itself must explain the bond to the child and cause the child to be furnished with a notice in writing stating in simple language the conditions that the child is required to observe.
(2) The Minister must cause a review to be made of the progress and circumstances of a child who is under the supervision of a person pursuant to a condition of a bond, at least once in each period of six months during the term of the bond.
Breach of bond
61. (1) Subject to this section, where the Minister or a member of the police force of or above the rank of inspector considers that a child who has entered into a bond under this Part before a court has failed to observe any of the conditions of the bond, he or she may cause a complaint to be laid in that court.
(la) In proceedings upon a complaint under this section, a certificate produced by the prosecution purporting to be signed by the Minister, or a member of the police force of or above the rank of inspector, and stating that he or she caused the complaint to be laid against the child is, in the absence of proof to the contrary, proof of the facts so stated.
(2) Upon a complaint being laid under subsection (I), the court may-
(a) issue a warrant for the apprehension of the child;
or
(b) issue a summons to the child, and serve a notice upon any surety to the bond, requiring the child and any such surety to appear before the court at the place, date and time specified in the summons or notice.
(3) A child who has been apprehended pursuant to this section must be brought before

the court as soon as reasonably practicable, and may be detained by the Director-General in

any place (other than a prison) approved by the Minister until brought before the court.

(4) The court-
(a) on the hearing of a complaint laid under subsection (1);

(b) on the oral application of the prosecutor in any proceedings before the court for an offence to which the child has pleaded guilty,
upon being satisfied that the child has failed to observe a condition of a bond, may make an
order for the payment of any amount, or part of any amount, due under the bond and-
(c) if the child has not been sentenced for the offence to which the bond relates, may make any order in relation to the child that the court had power to make in dealing originally with the child for that offence;
or

(4 if the child has been sentenced to detention for the offence to which the bond

forthwith order that the suspension be revoked and the sentence camed into

effect.

relates and the sentence has been suspended, must, subject to subsection (5),

28 Children's Protection and Young Offenders Act,1979
(5) Where a child is subject to a suspended sentence and the court is satisfied that the failure of the child to observe the conditions of the bond is trivial,, or that there are proper grounds upon which the failure should be excused, the court-
(a) may refrain from ordering that the sentence be carried into effect;
and
(b) may extend the term of the bond by a period not exceeding one year

(5a) Where a court orders that a suspended sentence be carried into effect, the court-

(a) may, if it considers that there are special circumstances justifying it in so doing, reduce the term of the suspended sentence;
and
(b) may direct that time spent by the child in custody pending determination of the

proceedings for breach of bond be counted as part of the term of the suspended

sentence.

(6) No order may be made under this section against the child or any surety-
(a) unless the child, or the surety, as the case may be, is present at the hearing;
or
(b) unless a summons was duly served on the child, or a notice was duly served on the surety, at least seven clear days before the date of the hearing.
The Training Centre Review Board
62. (1) The Training Centre Review Board is established.
(2) The Training Cenlre Review Board consists of the following members:
(a) the Judges of the Children's Couq;
(b) two persons with appropriate skills and experience in working with young people,
appointed by the Governor upon the recommendation of the Attorney-General;
and

(c)	two persons with appropriate skills and experience in working with young people, appointed by the Governor upon the recommendation of the Minister.

Court must explain proceedings to child, etc.
91. (1) In proceedings before the Children's Court, or before an adult court pursuant to

this Act, the court must satisfy itself that the child to whom the proceedings relate understands

the nature of those proceedings.

(2) Where a child by, or in respect of whom, proceedings have been brought before the Children's Court, or before an adult court pursuant to this Act, is not represented by counsel or solicitor, the court-

(a) must explain to the child in simple language the nature of the allegations against,
or concerning, the child and the legal implications of those allegations;
and
(b) must, where the child has been charged with an offence, explain to the child in simple language the elements of the offence that must be established by the prosecution.
(3) No order or adjudication of a court is defective on the ground of failure to comply with thissection where the court has substantially complied with this section.
(4) A child who has been charged with an offence must be furnished, as soon as reasonably practicable after being so charged, with a written statement in the prescribed form of the child's rights in respect of legal representation, and of the manner in which the child may obtain legal advice, representation or assistance.

Children's Protection and Yonne Offenders Act. 1979

(5) Where a child has been sentenced to a fine or ordered to make any other payment of money, the court must cause the child to be furnished with a notice in writing stating in simple language the amount the child must pay and the time and place at which payment is to be, or may be, made.
Persons who may be in court
92. (1) Subject to subsection (2), no person may be present at any sitting of the Children's Court, or at any sitting of an adult court dealing with a child under this Act, except-
(a) members and officers of the court;
(b) officers of the Department;
(c) parties to the case before the court, and the legal practitioners representing those
parties;
(d) the prosecutor;
(e) witnesses while giving evidence or while permitted by the court to remain in court;
If) any guardian of the child;
(g) any member of the Children's Court Advisory Committee;
(h) such other persons as the court specially authorizes to be present.
(2) Any person who is a genuine representative of the news media may be present at a sitting of a court when the court is dealing with a child under Part IV.
(3) Nothing in this section abrogates the power of a court to exclude any person from a

sitting of the court.

Restriction on reports of proceedings in respect of children

93. (1) A person must not publish, by radio, television, newspaper or in any other

manner, a report of a charge laid against a child, if the report identifies the child or contains

information tending to identify the child.

(la) Subject to this section, a person must not publish, by radio, television, newspaper or in any other manner, a report of any proceedings before the Children's Court, or before an adult court pursuant to this Act.
(2) Unless otherwise ordered by the court, the result of proceedings under Part IV may be published in accordance with this section and, for that purpose, the court must, at the request of a person desiring to publish the result of any such proceedings, make that result.

available to that person.

\kd

(3) Where, in proc

child is convicted of an offence. the

publication of the result of thiproceedings may include a brief summary of the circumstances
of the offence, unless the court orders otherwise.
(4) Unless permitted by an order under subsection (5), a person must not, in publishing the result of proceedings referred to in subsection (2), or a summary under subsection (3), reveal the name, address or school, or include any particulars or publish any picture or film calculated to lead to the identification, of any child who is concerned in those proceedings, whether as a person against whom or in respect of whom those proceedings were taken, or as a witness in those proceedings.
(5) The court may, by order, dispense with the requirements of subsection (4) to such extent and subject to such conditions as may be specified in the order.
(6) A person who acts in contravention of this section, or fails to comply with any order

of a court under this section, is guilty of an offence.

Penalty: Division 5 fine.

44 Children's Protection and Young Offenders Act, 1979
Detention and search by officers of Department

94. An officer of the Department authorized by the Director-General for the purpose may have the lawful custody of a child against whom or in relation to whom proceedings under this Act have been, or are about to be, brought, while that child is being conveyed to or from a court, or wh~le the child is within the precincts of the court, and may, at any time, search the child and remove any object that the officer considers may be injurious to any person or property.	q
Hindering an officer of the Department
95. A person who hinders an officer of the Department in the exercise of powers under this Act is guilty of an offence. Penalty: Division 10 fine.
Delegation, etc.
96. (1) The Minister may, from time to time, by instrument in writing, delegate to the Director-General such of the Minister's powers, duties, responsibilities and functions under this Act as the Minister thinks fit.
(2) The Director-General may delegate to any officer of the Department any of the powers, duties, responsibilities and functions vested in, or delegated to, the Director-General under this Act.
(3) A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, duty, responsibility or function by the Minister or Director- General.
(4) In proceedings under this Act, a certificate purporting to be signed by the Minister or the Director-General and stating that the person named in the certificate is an officer of the Department and is authorized by the Minister, or the Director-Genera1 (as the case may be) to conduct any proceedings under this Act on his or her behalf, is sufficient proof of the facts so stated.
Issue of warrant
97. No person may issue an order for the removal of a child from any place, or a warrant for the apprehension of a child, unless that person is satisfied that the allegations made in respect of the child by the person seeking the order or warrant have been substantiated on oath.

Detention of children in emergencies

97a. (I) Notwithstanding any other provision of this Act, if the Minister is of the opinion that an emergency has arisen (whether out of an industrial dispute or any other circumstance) by virtue of which it is impossible or impracticable to detain children in training centres or other approved places as provided by this Act, a child who is to be detained under this Act may be detained-
(a) in a police prison;

(b)	in a polic& station, watch-house or lock-up approved by the Minister,

until the emergency is, in the opinion of the Minister, over.
(2) The person for the time being in charge of the place in which a child is being detained pursuant to this section must take such steps as are reasonably practicable to keep the child from coming into contact with any adult person being detained in the same place.

Children's Protection and Youne Offenders Act. 1979

Detention for contempt or enforcement of order for payment of money
98. (1) Notwithstanding any Act or law to the contrary, no order for imprisonment may be made against a child for-
(a) contempt of court;

(b)	the enforcement of any fine or other order for the payment of money,

but where, but for this section, an order for imprisonment could be made under any Act or
law in respect of any matter referred to under paragraph (a) or (b)-

(c)	an order may be made for the detention of the child in a place (other than a prison) approved by the Minister;
and

(d) the provisions of that Act or law apply with the necessary modifications to, and in relation to, the order for detention.
(2) For the purposes of this section, but without limiting the generality of subsection (1) (d), a reference in any Act to imprisonment will he read as a reference to detention, and a reference in any Act to a warrant or writ by virtue of which a person may be committed to prison will be read as a reference to a mandate for detention.
Mandates
99. (1) Where an order has been made for the detention of a child in a training centre or other place, a mandate in the prescribed form must he issued for apprehending and taking the child to that training centre or place, and for the child's detention for the duration of that order.
(2) A mandate issued pursuant to subsection (1) is a sufficient warrant for the apprehen- sion, taking and detention of the child in accordance with its terms.
Special provisions relating to work projects or programmes
99b. Where a child is required to participate in a work project or programme, pursuant
to a condition of a bond under section 51 or to a requirement of the Director-General under

section 75j. the following provisions apply:

(a)	the Minister must, at the cost of the Crown, insure the child against death o r bodily injury arising out of, or occurring in the course of, work undertaken during the project or programme;
(b)	the child must not be required to participate in the project or programme at a time that would interfere with the child's gainful employment o r with a course of training or instruction relating to, or likely to assist the child in obtaining, gainful employment;
(c)	the child is not entitled to remuneration for work undertaken during the project o r program me;

(d) the project o r programme must be for the benefit of persons who are disadvantaged

through age, illness, incapacity or any other adversity or an organization that

does not seek to secure a pecuniary profit for its members;

(e) the child must not be required to undertake work that would ordinarily be performed by a person for fee or reward and for which funds are available.
46 Children's Protection and Young Offenders Act, 1979
Transfer of children in detention to other training centre or prison
100. (1) Where a child has been detained in, or remanded to, a 'training centre pursuant to an order of a court, the Director-General may in such circumstances as the Director- General thinks fit direct that the child be removed and placed in some other training centre.
( la) Upon making a direction under subsection (l), the Director-General must give notice in writing of the direction to the Training Centre Review Board.
(Ib) The Training Centre Review Board must conduct a review of a direction made by the Director-General under subsection (1)-
(a) at the meeting of the Review Board next held after receiving notice of the direction;
or
(b) if the Chairman of the Review Board is of the opinion that the matter is urgent, at a meeting of the Review Board convened earlier for the purpose.
( lc) The Training Centrv Review Board may-
(a) confirm, vary or revoke the direction of the Director-General;
and
(b) give any further or other direction that the Board thinks necessary or expedient.
(Id) The Director-General must cause a decision of the Training Centre Review Board
made under subsection (lc) to be carried into effect.
( le) Where a child who is of or above the age of 18 years is being detained in a training centre or any other place pursuant to an order of a court, the child or the Director-General on behalf of the child may apply to a Judge of the Children's Court for an order that the child be held in custody in a prison for the remainder of the period of detention.
(If) The Court will not make an order under subsection (le) unless satisfied that, in the circumstances, a prison would be an appropriate place for the child to be held for the remainder of the period of detention.
(2) Where, upon application made to a Judge of the Children's Court by the Director- General, the Court is satisfied that a child who-
(a) is of or above the age of 16 years;
and

(b) has been remanded to, or is being detained in, a training centre or any other place pursuant to an order of a court,

cannot be properly controlled in that training centre or other place, has within the period of 14 days preceding the date of the application been found guilty of assaulting a person employed, or detained, in that training centre or other place, or has persistently incited others in the training centre or other place to cause a disturbance, the Court may, by order, direct that the child be held in custody in a prison for the remainder of the period of detention.
(3) Where an application has been made under subsection (2) and the Court is satisfied

that the child is likely to be a danger to others, the Court may order that the child be held

in custody in a prison until the Court has determined the application.

(4) The Court may, on the application of the Director-General, the child or a guardian of the child, revoke an order made under subsection (2).
(5) Where a child is held in custody in a prison pursuant to an order under this section, the Correctional Servicef Act, 1982, applies to and in relation to that child.

Children's Protection and Young Offenders Act, 1979

Attorney-General's powers and functions may not be delegated, etc., to any other Minister
101. Notwithstanding any Act or law to the contrary, a power or function vested in, or assigned to, the Attorney-General by or under this Act-
(a) cannot, by executive act, be vested in, or assigned to, any other Minister;
and
(b) cannot be delegated to any other Minister.
Summary offences
102. An offence against this Act is a summary offence.
Rules of Court
103. (1) The Senior Judge of the Children's Court may make rules in respect of the practice and procedure of the Court.
(2) The rules may provide that provisions of rules or regulations made under any other

A d apply with such modifications as may be specified in the rules.

Regulations

104. (1) The Governor may make such regulations as the Governor considers necessary or expedient for the purpose of giving effect to the objects and provisions of this Act.
(2) Without limiting the generality of subsection ( I ), the Governor may make regula-
tions-
(a) prescribing the practice and procedure of screening panels;
(b) prescribing the practice and procedure of children's aid panels;

(c)	prescribing the practice and procedure of the Training Centre Review Board;

(d) prescribing the forms to be used under this Act;
(e) prescribing the procedures to be observed in relation to the detention of a child prior to being dealt with by a court, or while a child is being conveyed to or from any court, or while a child is in attendance at any court;
and

&J	prescribing fines, not exceeding a division 11 fine in each case, for breaches of the

regulations.
48 Children's Protection and Young Offenders Act,1979

SCHEDULE OF TRANSITIONAL PROVISIONS

DIVISION

(Transitional provision from Children's Protection and Young Offenders Act. 1979, s. 6 (1))

This Act applies in relation to any offence, or any circumstances which could give rise to proceedings in relation to a child, whether that offence or those circumstances occurred before or after the commencement of this Act.

DIVISION

(""

' S,

(Transitional provisions fiom Children's Protection and Young Offenders Ad Amendment Act, 1989)

1. Subject to clauses 2 and 3, Pan IVA of the principal Act applies in relation to a child or surety who has defaulted in payment of a pecuniary sum, or a child who has failed to comply with a non-pecuniary order, whether the default or failure occurred before or after the commencement of that Pan.
2. This Act does not affect a period of detention or imprisonment for the enforcement, or in default of payment, of a

pecuniary sum, where the period of detention or imprisonment was fixed after 1 January, 1989, but before the date of assent

to this Act.

3. This Act does not affect any proceedings taken under section 73 (8) of the principal Act for the recovery of arrears under an order for compensation or restitution, where those proceedings were commenced after I January, 1989, but before	f 3
the day of assent to this Act.	$,
4. A recognizance in force under the principal Act immediately before the commencement of the first schedule will, on that commencement, be taken to be a bond.

Children's Protection and Young Offenders Act, 1979

APPENDIX 1
Legislative History
The Children's Protection and Young Offenders Act. 1979. repealed the following Acts:
Juvenile Courts Act. 1971
Juvenile Courts Act Amendment Act. 1972
Juvenile Courts Act Amendment Act, 1974
So much of the Statute Law Revision Act (No. 3). 1975. as amended the Juvenile Courts Act. 1971-1974
The Children's Protection and Young Offenders Act. 1979, amended the following Aca:

C'rlm~nal

Ijljurtcs ('orripcnwliun Act. 1~17d

k d ~ c a l ~ a n

,\.'I. 1972-1976

t iu~rdiansh~p

~ r f

lnfanl, Acl. 194~-IY7j

Justices ACI.. 1921-1977

Section 2:

deleted in pursuance of the Acts Republication Act. 1967. as its function is now exhausted

Section 3:

repealed by 14. 1986. a. 3(1) (3rd Sched.)

Section 4:

definition of "alternative offence" inserted by 65. 1982, s. 2

definition of "homicide" substituted by 34. 1986. s. 3

definition of "magistrate" inserted by 14. 1986. s. 3(1) (3rd Sched.)

definition of "pecuniary sum" inserted by 31. 1989. s. 3

definition of "prescribed unit" inserted by 31. 1989. s. 3

definition of "prison" inserted by 50. 1980, s. 3: amended by 14. 1986. s. 3(11(3rd Sched.)

definition of "the repealed Act" repealed by 14. 1986, s. 3(1) (3rd Sched.)

definition of "special magistrate" repealed by 14. 1986. s. 3(1) (3rd Sched.)

definition of "truant" repealed and definition of "truancy" inserted in its place by 14. 1986.

s. 3(1) (3rd Sched.)

definition of "working day" inserted by 29. 1988. s. 3

Section 5:	repealed by 14. 1986, s. 3(1) (3rd Sched.)
Section 6( 11:	being a transitional provision has been transferred to the Schedule of Transi!ional Provisions
Section 6(21 - (6):	deleted in pursuance of the Acts Republication Act. 1967, as their function is now exhausted
Section 7:	amended and redesigynted to read as s. 7(l) by 29. 1988. s. 4
Section 7(2):	insened by 29, 1988. s. 4(c)
Section 8(2):	amended by 14, 1986. s. 3(1) (3rd Sched.)
Section 9(3)(b):	repealed by 50, 1980. s. 4
Section 9(5):	amended by 14, 1986. s. 3(1) (3rd Sched.)
Section 10:	amended by 14, 1986. s. 3(1) (3rd Sched.)
Heading preceding section 12:	substituted by 29. 1988. s. 5

Section

12f 1 ):

amended by 29, 1988. s. 6(a). (b), (dl

Section i2i I kca):

insened by 34. 1986. s. 4: repealed by 29. 1988. s. 6(c)

Section IZ(la):

inserted by 29. 1988. s. 6(e)

Section 12(2):

substituted by 29. 1988. s. 6(f)

Section 13(1) and (2):

substituted by 29. 1988. s. 7(a)

Section 13i4j:

inserted by 29. 1988. s. 7(b)

Section 14(1):

amended by 14. 1986, s. 30) (3rd Sched.); substituted by 29. 1988, s. 8(a)

Section 14(2):

substituted by 29, 1988. s. 8(a)

Section 1413):

amended by 14. 1986. s. 3(1) (3rd Sched.); 29, 1988, s. 8(bl

Section 14i5i:

substituted by 29. 1988, s. 8(c)

Section 14(7)

substituted by 29. 1988. s. 8(d); amended by 31. 1989. Sched. I

Section 15(1):

amended by 29, 1988. s. 9(a)

Section 15(2):

repealed by 29, 1988, s. 9(b)

Section 15(61:

amended by 29. 1988, s. 9(c)

Section 16ilj:

amended by 29. 1988. s. IO(a)

Section 16(2):

substituted by 29. 1988. s. IO(b)

Secdon 16(3):

substituted by 29, 1988. s. 10(c)

Section 16i41:

insened by 29, 1988. s. 10(c)

Section 16i5j:

inserted by 29. 1988, s. lo(?); amended by 31. 1989. Sched I.

Section 17(2a):

inserted by 29, 1988, s. I l(a)

Section

17(3a) - ( 3 ~ ):

inserted by 29. 1988, s. l l(b)

Section 17(4):	substituted by 29, 1988, s. I l(c)
Section 17.(6) - (9):	inserted by 29. 1988. s. I l(d)
Section 18:	amended by 29. 1988. s. 12
Section 190):	amended by 29, 1988. s. 13
Section 20( 11:	amended by 14, 1986. s. 3(1) (3rd Sched.); 29. 1988, s. 14
Section 20i2)	amended by 14. 1986. a. 3(1) (3rd Sched.)
Section 21:	repealed by 29, 1988, s. 15
Section 22:	substituted by 29. 1988, a. 16
Section 24:	substituted by 29. 1988, s. 17
Section 25:	amended by 65, 1982. s. 3: 33. 1986. s. 4(a): 29. 1988. s. 18
Section 28(2):	emended by 65. 1982. s. q a )
Section 28(2a):	inserted by 65. 1982. s. q b )
Section 29:	amended by 65. 1982, s. 5; 14. 1986, s. 3(l) (3rd Sched.)
Section 30( 1):	amended by 65. 1982. s. 6(a); 33. 1986, s. 4(b)
Section 30(2):	amended by 33. 1986, a. 4(c)
Section 30(4):	amended by 65. 1982. s. 6(b)
Section 31(2):	amended by 43, 1984, s. 3
Section 32(1):	amended by 43, 1984. s. 4(a)-(0
Section 32(3):	insened by 43, 1984, s. 4(g): amended by 14. 1986, s. 3(1) (3rd Sched.)
Section 33(1):	amended by 14. 1986, s. 30) (3rd Sched.)
Section 35(3):	amended by 14. 1986. s. 30) (3rd Sched.)
Section 42(3a):	inserted by 33. 1986. s. 4(d)

Children's Protection and Young Offenders Act, 1979

Section 42(4):

amended by 33. 1986. s. 4(e)

Scction 42(5):

inserted by 50, 1980, s. 5

Section 43:

amended by 6, 1985, s. 3: repealed by 33. 1986, s. 4(fl

Section 44( 1 ):

amended by 33, 1986, s. 4(g)

Section 44(2):

repealed by 33. 1986, s. 4(h)

Seclion 44(3):

amendcd by 34, 1986, s. 5

Section 44(4):

inserted hv 50. 1980. s. 6

., ~. ,

Section 44(5):

inserted by 65, 1982. s. 7

Section 44a:

inserted by 65, 1982, s. 8

Section 47(5):

Section 48: Section 48a: Section 500):

Section 50(3) and (4):

Seclion 51(1):	Sched. I
Section 51( la):

Section

5 l(2):

amended by 31. 1989. Sched. I

Section 51(5):

amended by 14. 1986, s. 3(1) (3rd Sched.); 34, 1986, s. 6(b); 31, 1989, Sched. I

Section 51i5a):

inserted by 34. 1986, s. 6(c); amended by 31. 1989, Sched. I

Section 51(6):

substitutcd by 34. 1986. s. 6(d): amended by 31. 1989, Sched. I

Section 51(6a) and (6b):

inserted bv 34. 1986. s. 6(dk amended bv 31. 1989. Sched. I

Section 51 17):

amended by 31, 1989. ~ c h d.

Scction

5 1 (6f

amended by 14, 1986. s. 3(1) (3rd Sched.)

Section 5102):	amended by 50, 1980, s. 8(a)
Section 51(13):	inserted by 50. 1980, s. 8(b)
Section 54(?) and (3):	amended bv 14. 1986. a. 3(1) (3rd Sched.)
Section 54(4):	amended by 31, 1989. Sched. I
Section 54(5):	substituted by 34, 1986. s. 7
Section 54(6):	amended by 14. 1986. s. 3(1) (3rd Sched.)
Section 54(7):	inserted bv 50. 1980. s. 9: substituted bv 31. 1989. Sched. I
Scction 55:	substituted by 51. 1988, s. 8
Section 56:	substituted by 65. 1982, s. 12
Section 57:	amended by 14. 1986. s. 3(1) (3rd Sched.)
Section %(I):	substituted by 51. 1988, s. 9(a)

Section 5813):	..	amendcd by 14. 1986. s. 3(1) (3rd Sched.); substituted by 51. 1988, s. 9(b)
Section 58a:	inserted by 51. 1988. s. 10

Section 58a(7):	amended by 81. 1988. s. 2(a)
Section 58a(8):	amended bv 81. 1988. s. 2(b)
Section 58a(9):	amended b$ 81. 1988. s 21c). .
Section 58a(16) - (20):	inserted by.82. 1988. s. 2

Seclion 59(1). (2). (4) - (1	i):	amended by 31. 1989. Sched. I
Seciinn 60.	amended by 31. 1989. Sched. I

Section 61(1):

amendcd bv 65. 1982. s. 131a): 31. 1989. Sched. I

Section 611la):

inserted by.65. 1982. s. 13(b).'

Section 61(2):

amended b) 3 1. 1983. Schcd. I

Section 61(4) and (5):

~ubs l i t~ l rd

b) 65. 1982. s. 131~):

am~ndcd

b) 31 1489. Srhcd I

Section 61(5a):

~nrcnzd

in 65. 1982. s. i)(c). amend4 hi 31. 1989. Schrd. I

Section 61(7):

repealcd dy 31. 1989. s. 4 inserted by 34. 1986. s. 8 amendcd by 65. 1982. s. 14

amended by 51. 1988. s. I I

amended bv 34. 1986. s. 91a)

inserted by-34. 1986. s. 9(b)

Section 64(5c):

inserted by 34. 1986, s. 9(b); amended by 81. 1988, s. 3

Section 64(6):

substituted bv 34. 1986. s. 9(b\

Section 64(7):

amended by 34. 1986, s 9(c)

Section 65i3)

~nserted

by 50. 1980. s 10

Division VIA of Part IV comorisinr! ss. 65a - 65e and headinr! inserted bv 29. 1988, s. 19

Section 6913):

Section 72a:

Section 73(1):

Section 73(6):

Section 7318):

Section 751

part IVA comprising ss. 75a - 751 and headings inserted by 31. 1989. s. 8

Section 76(2):

substituted by 34. 1986. s. 10

Section 80(3):

repealed by 33. 1986, s. 4(i)

Section 81(4):

inserted by 34. 1986, s. l l

Section 81:

redesignated to read as subsections ( I ) - (5) respectively in pursuance of

the

Republication Act. 1967

Section

87( 1):

amended by 14. 1986, s. 3(1) (3rd Sched.)

Section 89:

amended by 50. 1980. s. l l

Section 91(5):

inserted by 65. 1982, a. I5

Section 92(2):

amended by 14. 1986. s. 3(1) (3rd Sched.)

Section 931 I):

inserted by 34. 1986. s. I2

Section 93i 1;):

previously designated as s. 93(1): redesignated to read as s. 93(la) by 34. 1986. s.

Section 93(6):

amended by 31. 1989, Sched. I

Seclion 95:

amended by 31. 1989. Sched. I

Section 97a:

inserted by 31, 1989. s. 9

Section 98:

substituted by 50. 1980. s. I2

Section 99( 1):

substituted by 50. 1980. s. 13(a)

Section 99(2):

amended by 50. 1980. s. 13(b), (c)

Children's Protection and Youne Offenders Act, 1979

Section 99a:	inserted by 50. 1980, s. 14: repealed by 31, 1989, s. 10
Section 99b:	inserted by 34. 1986. s. 13: amended by 31. 1989, s. 11, Sched. I
Section IOO(1):	amended by 50. 1980. s. 15(a)-(c)
Section 100(la) - (Id):	inserted bv 50. 1980. a. 151d)

Seciion

LOO( le) and 1 10:

inserted bj. 34. 1986. s. 14' '

Section 100(5)1	amended by 14. 1986. s. 3(1) (3rd Sched.)
Section 104(2):	amended by 31. 1989. Sched. 1
Schedule:	amended by 50. 1980, s. 16: repealed by 14. 1986. s. 3 ( 0 (3rd Sched.)
Schedule of Transitional
inserted in pursuance of the Acts Republication Act, 1967

52 Children's Protection and Young Offenders Act,1979
APPENDIX 2
Divisional Penalties
At the date of publication of this reprint divisional penalties are, as provided by section 28a of the Acts lnlerprelation Art.
1915, as fallows:

Division

Maximum

imprisonment

fine

15 years 10 years 7 years 4 years 2 years
I year
6 months 3 months
-
- - -

Note: This appendix is provided for convenience of

reference only.