Section 83
Section 83
Notwithstanding anything contained in any written law relating to the arrest, detention and trial of persons committing any offence but subject to subsections (3) and (4), a child who is alleged to have committed an offence shall not be arrested, detained or tried except in accordance with this Act.
(2)
When a child is charged with an offence before a Court For
Children and during the pendency of the case he attains the age of eighteen years the Court For Children shall, notwithstanding
Act 611
WJW22/0178 BI.indd 94 04/08/2023 3:33 PM
Child 95
any provisions of this Act, continue to hear the charge against the child and may—
(a)
exercise the power under section 76;
(b)
exercise the power under paragraph 91(1)(a), (b), (c), (d)
or (da); or
(c)
if the offence is punishable with imprisonment, impose any term of imprisonment which could be awarded by a Sessions Court.
(3)
When an offence is committed by a child but a charge in respect of that offence is made against the child after he has attained the age of eighteen years, the charge shall be heard by a
Court other than a Court For Children and that other Court may exercise the power mentioned in paragraph (2)(a), (b) or (c).
(4)
A charge made jointly against a child and a person who has attained the age of eighteen years shall be heard by a Court other than a Court For Children and that other Court shall—
(a)
exercise in respect of the child all the powers which may be exercised under this Act by a Court For Children;
and
(b)
before exercising the powers referred to in paragraph (a), consider the probation report.