Section 94 — AKTA KANAK-KANAK 2001

(a)

a child is charged before a Court For Children with any offence for the commission of which—

(i)

a fine may be imposed; and

(ii)

compensation or costs or both compensation and costs may be awarded; and

(b)

the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties, whether with or without any other punishment, the Court shall order that the fine imposed and compensation or costs awarded be paid by the parent or guardian of the child instead of by the child, unless the Court is satisfied that the parent or guardian—

(aa) is not available or cannot be found within a reasonable time; or

(bb) has not conduced to the commission of the offence by neglecting to exercise due care of the child.

(2)

If—

(a)

a Court For Children thinks that a charge against a child is proved; or

(b)

a child admits the facts constituting the offence in the charge, the Court may make an order requiring the parent or guardian—

(aa) to pay compensation or costs; or

(bb) to give security for the good behaviour of the child, without proceeding to record a finding of guilt against the child.

Act 611

WJW22/0178 BI.indd 106 04/08/2023 3:33 PM

Child 107

(3)

When the Court requires the parent or guardian to give security for the good behaviour of a child under subsection (2), one or more of the conditions mentioned in subsection 93(1) shall be imposed on the parent or guardian.

(4)

If the parent or guardian fails to comply with the conditions of the security, the Court may order the security to be forfeited.

(5)

An order under this section shall not be made against the parent or guardian of the child without giving the parent or guardian an opportunity to be heard.

(6)

Notwithstanding subsection (4), an order under this section may be made if the Court For Children is satisfied on information given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so or is not available or cannot be found within a reasonable time.

(7)

Any sum imposed and ordered to be paid by a parent or guardian of a child under this section or on forfeiture of any such security may be recovered from the parent or guardian in the manner provided by the Criminal Procedure Code in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child was charged.

Appeals