Section 90 — JUVENILE COURTS ACT 1947

(2)

The duty referred to in subsection (1) may be undertaken, under the supervision of the Court by—

(a)

the defence counsel acting for the child; or

(b)

any other responsible person as determined by the Court.

(3)

After the substance of the alleged offence has been explained to the child, the Court shall ask the child whether he admits the facts constituting the offence.

(4)

If the child admits the facts constituting the offence, the Court shall—

(a)

ascertain that the child understands the nature and consequences of his admission; and

(b)

record a finding of guilt.

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(5)

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

(6)

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

(7)

The Court For Children shall, except if the child is legally represented, allow the child’s parents or guardian or any relative or other responsible person to assist him in conducting his defence.

(8)

If in any case where the child is not legally represented or assisted in his defence as provided for in subsection (7), the child, instead of asking questions by way of cross-examination, makes assertions, the Court For Children—

(a)

may put to the child such questions as may be necessary in order to bring out, or explain anything in, the assertions of the child; and

(b)

shall then put to the witness such questions as the Court thinks necessary on behalf of the child.

(9)

If it appears to the Court that a prima facie case is made out—

(a)

the Court shall explain to the child the substance of the evidence against him and, in particular, any points in the evidence which specially tell against him or require his explanation;

(b)

the child shall be allowed to—

(i)

give evidence upon oath or affirmation; or

(ii)

make any statement if he so desires; and

(c)

the evidence of any witness for the defence shall be heard.

(10)

If the Court For Children finds the child is not guilty, the Court shall record an order of acquittal.

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(11)

If—

(a)

a finding of guilt has been recorded; or

(b)

the Court is satisfied that the offence is proved, the child and the child’s parent or guardian or other responsible person, if present, shall then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.

(12)

The Court For Children shall, before deciding how to deal with the child, direct a probation officer to prepare and submit a probation report to the Court for the Court to consider the probation report.

(13)

A probation report referred to in subsection (12) shall be prepared and submitted by the probation officer within thirty days from the date the direction is given by the Court For Children to the probation officer to prepare and submit the probation report and the report—

(a)

shall contain such information as to the child’s general conduct, home surroundings, school record and medical history as may enable the Court For Children to deal with the case in the best interests of the child; and may put to him any question arising out of the probation report; and

(b)

may include any written report of a Social Welfare

Officer, a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a report on the child.

(14)

For the purpose of obtaining a probation report, the Court For

Children may from time to time release the child on bail or remand him in a place of detention.

(15)

If the Court For Children has considered the probation report, the Court shall explain to—

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(a)

the child the substance of any part of the report bearing on his character or conduct which the Court considers to be material to the manner in which he should be dealt with;

and

(b)

the parent or guardian, if present, the substance of any part of the report which the Court considers to be material to the manner in which the child should be dealt with and which has reference to the character, conduct, home surroundings, or health of the child.

(16)

If the child or his parent or guardian, having been explained the substance of any part of any such probation report under subsection (15), desires to produce information with respect to the report, the Court shall, if it thinks that the information is material—

(a)

adjourn the hearing for the production of further information; and

(b)

if necessary, require the person who made the report to attend the hearing when it resumes.

(17)

Before deciding on the order to be imposed, the Court shall ascertain from each of the advisers his opinion and all such opinions shall be recorded.

(18)

After having recorded and considered the opinions of the advisers, the Court shall decide on the order to be imposed, but in so doing the Court—

(a)

shall not be bound to conform to the opinions of the advisers or either of them; and

(b)

shall record its reasons for dissenting from such opinions.

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POWERS OF THE COURT FOR CHILDREN AT THE

CONCLUSION OF THE TRIAL

Powers of Court For Children on proof of offence