No CHILDREN'S COURT ACT Children's Court. No An Act to consolidate the Law relating to Children's Courts.

Transcription

1 1958. Children's Court. No No CHILDREN'S COURT ACT An Act to consolidate the Law relating to Children's Courts. [30th September, 1958.] >E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may be cited as the Children's Court Act short title. 1958, and shall come into operation on a day to be fixed by m^and 6 " proclamation of the Governor in Council published in the p^fstnct' 0 Government Gazette, and is divided into Parts and Divisions as Divisions - follows: Part I. Children's Courts ss Division 1. Courts and Magistrates ss Division 2. Officers ss Division 3. Jurisdiction and Powers ss Division 4. Proceedings ss Division 5. Orders of Court ss Division 6. Probation and Recognizances ss Division 7. Miscellaneous ss Part II. General ss

2 Children's Court. No Repeal. schedule. Interpretation. No s. 3. " Age." chiw." " Child or young person in need of care and protection." " Department." " Juvenile school " and " reception centre." " Parent." 2. (1) The Act mentioned in the First Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided (a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under such Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any regulation order application determination direction appointment condition charge recognisance register conviction sentence committal summons warrant liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under such Act before the commencement of this Act. 3o (1) In this Act unless inconsistent with the context or subject-matter " Age " means, in the absence of positive evidence as to age, the apparent age. " Child " means a boy or girl who is or was under the age of seventeen years at the time of the commission of the alleged offence in question but, except as is specifically provided in respect of orders for the absolute release of a child from a committal, does not include any person who is of or over the age of nineteen years at the time of being brought before the Court. " Child or young person in need of care and protection " has the same meaning as in the Children's Welfare Act " Department " means the Children's Welfare Department. " Juvenile school " and " reception centre " respectively mean juvenile school and reception centre under the Children's Welfare A ct " Parent" includes father mother step-father step-mother and guardian of the person of a child and any person against whom an order under Part I. of the Maintenance Act 1958 has been made as the putative

3 1958. Children's Court. No father of any illegitimate child, and includes mother or step-mother notwithstanding that a father or step-father of the child is alive, also the putative father of any illegitimate child which he has recognised as his though no such order has been made against him. " Part " means Part of this Act. " Part." " Prescribed" means prescribed by this Act or the " Prescribed.'- regulations. " Probation officer" means probation officer under this " Probation Act and comprises the chief probation officer and every stipendiary or honorary probation officer. " Regulations " means regulations under this Act. " Regula- " Special magistrate" means special Children's Court "special magistrate under this Act. magistrate.- (2) Any provision of this Act relating, whether specifically construction or by implication, to the Children's Court by which any order to Court by was made (including a release on probation or a discharge on made. order recognizance) shall be taken as relating to a Children's Court sitting at the place where the order was made, notwithstanding that the persons constituting the Court may not be the same as made the order. PART I. CHILDREN'S COURTS. DIVISION 1. COURTS AND MAGISTRATES. 4. A Children's Court is hereby declared to have been Establishment established and shall be held at every place within the State of NOUS'S. 4. Victoria where a court of petty sessions is appointed to be held. 5. The Governor in Council may appoint for any city town Appointment or place any stipendiary magistrate or any one or more justices magistrates. of the peace of the bailiwick in which such city town or place N O.6053S. s. is situate or any other person or persons to be a special Children's Court magistrate or special Children's Court magistrates and to exercise the jurisdiction of a Children's Court under this Act and may at any time revoke any such appointment. Every special magistrate appointed under the Act hereby repealed or any corresponding previous enactment whose appointment has not been revoked shall be deemed to have been appointed under this Act. No person who is of or over the age of seventy-two years shall be capable of acting as a special magistrate. 6. Every Children's Court shall consist of Constitution -.,...,,.,., of Children's (a) where situate in any city town or place for which a court. special magistrate or special magistrates has or have No - 60S3 & been appointed and is or are present at the time for holding the Court not more than three such special magistrates; and

4 Children's Court. No Place of sitting. No s. 7. Time of sitting. No s. 8. Conditions when held in petty sessions court room. Divisions of Children's Court. Appointment of chief probation officer and stipendiary probation officers. No s. 9. (6) where situate in any city town or place for which no special magistrate has been appointed or where no special magistrate is present at the time for holding the Court any two or three justices of the bailiwick within which the Court is held or a stipendiary magistrate sitting alone or with one or two such justices. 7. Every Children's Court shall hold its sittings (a) in some room of the building in which the court of petty sessions of the place usually sits but the Children's Court shall not be held in the same room as that in which the court of petty sessions is at the time sitting for the transaction of its business or in which a justice or justices are sitting out of sessions; or (b) in any building or room. 8. (1) The Governor in Council if he thinks fit so to do may from time to time by notice in the Government Gazette appoint and alter vary or revoke the days and the hours of the day when Children's Courts shall be held. In the absence of any such notice the Children's Court when it has business to transact or dispose of shall be held on the same day as that appointed for the holding of the court of petty sessions of the place. (2) Where a Children's Court is held or proposed to be held in the same room as that in which the court of petty sessions holds its sittings the court of petty sessions shall take precedence of the Children's Court in its order and time of sitting but may waive that privilege at its pleasure so as to enable the Children's Court to sit either immediately before the sitting of the court of petty sessions or at any time during which its sitting is suspended by adjournment. (3) Any Children's Court appointed to be held at any time and place may be divided into divisions so that two or more divisions of the Court, each of which shall be constituted as and shall have the jurisdiction and powers of and shall for all purposes be deemed to be a Children's Court, may sit at the same time in the place so appointed. DIVISION 2. OFFICERS. Probation Officers. 9. (1) Pursuant and subject to the Public Service Act 1958 there may be appointed a chief probation officer for Children's Courts who shall as such be a probation officer for every Children's Court and shall subject to the Minister be charged with the general supervision of probation work under this Act throughout Victoria and shall have such other powers and duties as are prescribed by or under this Act.

5 1958. Children's Court. No (2) Pursuant and subject to the Public Service Act 1958 there may be appointed such other stipendiary probation officers for Children's Courts as the Governor in Council thinks necessary, who shall as such be probation officers for every Children's Court and shall have such other powers and duties as are prescribed by or under this Act. 10. (1) The Governor in Council may appoint for any Appointment Children's Court or Children's Courts fit and proper persons who probation are willing to exercise and perform the powers and duties assigned in that behalf by or under this Act to be honorary probation officers for the purposes of this Act and may at any time revoke any such appointment. (2) Every probation officer appointed under the Act hereby repealed or any corresponding previous enactment whose appointment has not been revoked shall, unless he is or becomes a stipendiary probation officer, be an honorary probation officer under this Act for the Children's Court or Children's Courts for which he was so appointed. (3) The Attorney-General may transfer any honorary probation officer appointed for any Children's Court to be an honorary probation officer for any other Children's Court either permanently or for any period. officers. No s Every probation officer, including the chief probation J^oi of and officer, shall comply with the directions of any Children's Court probation for which he is a probation officer and shall obey all the lawful NO'MMS. n. orders of any such Court with respect to any child under his supervision or his care and control and every stipendiary or honorary probation officer shall be under the immediate direction of the chief probation officer. 12. (1) It shall be the duty of every probation officer when 5g**^ required by a Children's Court or by the chief probation officer make certain 1 J J investigations (a) to endeavour to ascertain the address of every child &c - and that of the parents of every child in respect Na of whom a charge or application is to be heard by a Children's Court; (b) to inquire and furnish the Court with a report and information as to the child's antecedents, home environment, companions, education, school attendance, employment, habits, recreations, character, disposition, medical history and physical or mental defects; (c) to render to the Court such assistance as it may require; (d) to visit and supervise any child as may be directed by the Court; and

6 Children's Court. No As to the making of inquiries and the tendering of reports. Powers of probation officers. No s. 13. (e) to perform such other duties as are prescribed by or under this Act. (2) For the purposes of this section any requisition of a Children's Court may, if necessary, be addressed to the chief probation officer who shall nominate a probation officer to do and perform all the acts and things required by this Act or by the Court in relation to the requisition, and it shall be the duty of that probation officer to do and perform all such acts and things accordingly. (3) The clerk of any Children's Court and all members of the police force shall in the manner prescribed supply the chief probation officer or other probation officer nominated by him with such information relating to charges and applications before a Children's Court as may be necessary for the purposes of this Act. (4) A probation officer shall carry out any inquiries required under this section in such manner as to cause as little prejudice as possible to the reputations of the child concerned and his parents, and no written report on any such matters as aforesaid shall in any case be tendered to or received by any Children's Court until the Court has been satisfied that the child is guilty of the offence charged or that the matters alleged in respect of the application are true. 13. When a child is not represented by a barrister or solicitor, a probation officer may by direction or by leave of the Court and with the consent of the parent of the child (if present) appear in a Children's Court to represent the interests of the child and be heard in Court on the child's behalf. Officer in Charge of Children's Courts. Appointment 14. Pursuant and subject to the Public Service Act 1958 there Siu w of m may be appointed an officer in charge of Children's Courts, whose courts!" 3 duty it shall be to supervise generally the work of clerks and No s. i4. officers of Children's Courts throughout Victoria and who shall have such other powers and duties as are prescribed by or under this Act. Jurisdiction of Court in respect of offences. No s. 15. DIVISION 3. JURISDICTION AND POWERS. 15. (1) Notwithstanding anything to the contrary in any Act the Children's Court shall have jurisdiction (a) subject to the next succeeding section, to hear and summarily determine all charges against children for indictable offences other than homicide;

7 1958. Children's Court. No (b) to hear and enquire into all charges against children for indictable offences which the Court is not authorized to determine summarily and to direct the accused to be tried or to discharge them; and (c) to hear and summarily determine all charges against children for offences punishable upon summary conviction. (2) The Children's Court shall in addition have the other jurisdiction conferred upon it by the Children's Welfare Act 1958 juris and any other Act or enactment. 16. (1) Where a child is charged before any Children's Court As to exercise with any indictable offence other than homicide the Court shall in indictable as soon as the child is charged and before any evidence is given No s. 16. in support of the charge cause the child and the child's parent, if present, to be informed that the parent, where the child is under the age of fourteen years, or the child himself, where he is of or above the age of fourteen years, may object to the child's being summarily dealt with and may elect that he be tried by a jury. (2) Where the parent of a child under the age of fourteen years is not present when the child is charged with an indictable offence before a Children's Court the Court may if it thinks fit adjourn the hearing of the charge, with a view of securing the parent's attendance at the hearing of the charge, if practicable, but nevertheless the Court shall have jurisdiction to deal with the case summarily in the absence of the parent. (3) If before any evidence is given in support of the charge the parent or (as the case may be) the child objects to the charge being dealt with summarily by the Children's Court and elects that he be tried by a jury or if for any special reason the Court at any stage considers the case to be unsuitable for summary determination the Court shall hear and enquire into the charge as if it had no jurisdiction finally to determine the same, and may direct the child to be tried according to law or discharge him. 17. The jurisdiction of every other court and of every justice Jurisdiction in respect of the matters as to which a Children's Court has f osm r jurisdiction shall cease to be exercised by such court or justice but e n^j C f I7 no conviction order or proceeding made or given by or had before a court or justice in contravention of this section shall be invalidated or affected by reason only of that contravention. 18. (1) Every Children's Court in respect of the jurisdiction court to have conferred iferred on it by this or any other Act shall have and may petty sessions exercise xcise all the powers and ; authorities for the time being possessed ur^53 s lg by courts of petty sessions.

8 Children's Court. No (2) So far as is consistent with the said jurisdiction and subject to this Act, all the provisions of the Justices Act 1958 relating to the jurisdiction of courts of petty sessions and to the procedure and practice in courts of petty sessions on the hearing of charges for indictable offences and offences punishable on summary conviction and on applications and all its provisions relating to stipendiary magistrates in and out of sessions and to clerks of petty sessions, summonses and warrants, powers of justices out of sessions, enforcement of convictions and orders, and sections three and four and Parts V., VI. and VIII. of the Justices Act 1958 shall apply to Children's Courts and to the corresponding proceedings therein (including applications under the Children's Welfare Act 1958), and to the special magistrates, stipendiary magistrates and justices constituting such courts whether sitting in court or acting ministerially out of court as fully and effectually as if the said provisions were repeated in this Act with the necessary adaptations and in particular, with the words " Children's Court" substituted for the words " court of petty sessions," and the words " clerk of the Children's Court" substituted for the words " clerk of petty sessions " wherever they respectively occur. Territorial limits of jurisdiction. No s. 19. Application of Justices Act to Children's Courts. Power to Attorney- Genera) to direct hearing of charges, &c, in a specified Children's Court. 19. (1) Except as is provided in sub-section (3) of this section the jurisdiction of each Children's Court shall be limited to the bailiwick in which the court is held. (2) Without limiting the generality of the last preceding section but subject to sub-section (3) of this section the provisions of sections eighty-nine and ninety of the Justices Act 1958 shall with the necessary modifications apply in respect of informations and applications in Children's Courts. (3) Where in the opinion of the Attorney-General such a course is warranted by the special circumstances of the case hs may by order in writing direct that any charge or any number of charges against a child or any application in respect of a child be heard by a Children's Court specified in the order (being either the Children's Court nearest to where the cause or subject-matter of the charge or application or one of the charges arose or the Children's Court nearest to the child's home or the place where the child then is) notwithstanding that the Court so specified may not be in the bailiwick in which the subject-matter of the charge or charges or application or one or more of the charges arose, and in any such case the Court so specified shall have jurisdiction to hear and determine and subject to this Act shall hear and determine the charge or charges or application accordingly and no objection under section eighty-nine of the Justices Act 1958 shall be entertained. power to 20o On the hearing of any charge or application a Children's pubiicfrom Court shall order any persons who in its opinion are not directly NO U 6053 s 20 i ntereste d m tne case not being the counsel or solicitor for the prosecution or for the defendant or for the child in respect of

9 1958. Children's Court. No whom the application is brought or the clerk of any such solicitor to leave the court-room or place of hearing and the precincts, thereof, and in case of disobedience may direct any member of the police force to remove such persons; and also if it thinks fit. so to do on its own view may impose on every such person so disobeying its order a penalty of not more than Forly shillings and in default of payment forthwith, or without imposing any penalty at all, may order that he be imprisoned for a term of not more than forty-eight hours. An order to leave the court-room or place of hearing shall not be made under this section with regard to the probation officer who is concerned in the case or with regard to the parent or person for the time being having the custody and care of any defendant or witness under the age of eighteen years if desired by such witness or defendant to remain with him or her whilst necessarily present in court or (where the accommodation at the court-house or place of hearing will in the opinion of the Court allow of his attendance) with regard to any person who is the holder for the time being of a written authority, granted by the Attorney-General as provided in Part II. of this Act. 21. Before hearing any evidence relating to the antecedents, p «<>...,. * u * r,.,, exclude child home environment or history of any child. from court (a) upon an application under the Children's Welfare Act circum in respect of the child; or (b) in relation to a charge against a child for an offence after the Court is satisfied of the child's guilt a Children's Court may if it considers that it is in the interest of the child so to do, direct that the child leave the Court temporarily, but no such direction shall be given so as to exclude the child from the Court during the hearing of any evidence relating to the commission of the offence which is the subject of a charge before the Court. 22. At the hearing of any charge against a child or any application in respect of a child, the Court shall proceed without regard to legal forms and ceremonies and shall direct itself by the best evidence it can procure or that is laid before it, except that in respect of the summary hearing of a charge for an offence, whether indictable or summary, the Court shall not be satisfied of the child's guilt except upon proof beyond reasonable doubt by stances. No s. 21. Procedure and evidence. No relevant and admissible evidence. DIVISION 4. PROCEEDINGS. 23. (1) Where a child is apprehended upon a charge for an p ro ced ure _. IMJ J r J *.,. - when child offence or as a child or young person in need of care and protection apprehended, the child shall if practicable be taken before a Children's Court NO.6053S.23. within twenty-four hours or if the Court does not sit within that time before some justice out of sessions or special magistrate acting ministerially out of court to be dealt with according to law as provided by this Act. VOL. I. 53

10 Children's Court. No (2) The Children's Court, if it has not jurisdiction to hear the charge against the child or the application in respect of the child, or the special magistrate or justice shall adjourn the hearing of the charge or application to the next practicable sittings of a Children's Court in the bailiwick in which the subject-matter of the charge or application arose which appears to the Court or special magistrate or justice adjourning the hearing to be the appropriate Court in the circumstances and may order the child to be taken before that Court on the day to which the charge or application is adjourned. Parent to be notified of charge or application. No s. 24. Parent's attendance in Court. Parent may appear on behalf of child. Enforcement of parent's attendance by Court by summons. By warrant. How children to be disposed of pending hearing or trial &c. No s (1) Where a child is apprehended upon a charge for an offence or as a child or young person in need of care and protection or where a child is summoned or given notice to appear before a Children's Court upon such a charge or in respect of an application under the Children's Welfare Act 1958 the member of the police force or person by whom he is so apprehended or upon whose information he is so summoned or by whom he is so given notice shall cause the parent of the child, if he can be found, to be advised to attend at the hearing. (2) Where any child is charged before a Children's Court with an offence or when any application is made to a Children's Court with respect to any child under the Children's Welfare Act 1958 (a) the parent of the child shall be entitled to be heard on the child's behalf either personally or by barrister and solicitor and may cross-examine witnesses for the prosecution or for the applicant and examine and re-examine witnesses for the child; (b) if the parent of the child is not present the Children's Court may hear the charge or application in his absence or may order a summons to be issued for the attendance of the parent before the Court and may adjourn the hearing of the case in the meantime; and (c) if the parent neglects or refuses to attend accordingly without reasonable excuse after being duly served with the summons the Court may order a warrant to be issued to bring him before the Court at the hearing of the case and on his arrest he may be admitted to bail as provided in the Justices Act (1) When any child is apprehended upon a charge for an offence or as a child or young person in need of care and protection or in respect of a breach of probation or recognisance, pending the hearing of the charge or application or other proceeding or during any adjournment of the hearing thereof or

11 1958. Children's Court. No when any child is in custody or detained pending trial for an indictable offence which the Children's Court is not authorized to hear and determine or during any adjournment of any such trial the child may be admitted to bail but if not admitted to bail shall be disposed of in one of the following ways: (a) The child may when practicable expedient and convenient be placed in a reception centre; (b) When not so practicable expedient or convenient having regard to distance or to the condition or state of health or the welfare of the child, he may be placed with some respectable person or persons and such arrangements or agreements may be made with the said person or persons by a probation officer or a member of the police force as may be necessary or proper for the care and maintenance of the child by them, or the probation officer or member of the police force if married may place the child in his own dwelling under the care and supervision of himself and his wife and may provide for his care and maintenance at a reasonable charge; (c) When none of the above-mentioned methods of detaining the child is practicable or where the charge pending against the child is of so serious a nature that his safe custody is a matter of paramount importance the child may be placed in a gaol or the lock-up of a police station but shall be kept apart from other prisoners: Provided that a special magistrate or stipendiary magistrate may, if he considers it expedient in the special circumstances of the case, subject to such conditions as he thinks fit, order that any child who has been placed in a reception centre or gaol or lock-up or with some person or persons as aforesaid during the adjournment of the hearing by a Children's Court of a charge or application shall be released from that custody before the expiration of the period of the adjournment. (2) When any such child has been brought before a Children's Court or justice or special magistrate it or he may make an order in accordance with the provisions of this section which order shall be a sufficient authority for the detention of the child as aforesaid. (3) If any such child escapes from the custody of any such Absconders person or persons or from any such place of detention he may SYaof. plac ' be re-arrested as an absconder and placed in a gaol or lock-up till the charge or application is dealt with by the Children's Court or (in the case where the child was in custody or detention during or pending trial) by the court by which he is being tried or is to be tried.

12 Children's Court. No Failure of child to attend adjourned hearing. Warrant not necessary to detain child. Child may be brought before Court on fresh charge without writ of habeas. Ko s. 26. (4) When a Children's Court for any reason adjourns the hearing of any charge or application against or in respect of a child and the child fails to attend the Court at the adjourned hearing the Court may issue a warrant for the apprehension of the child, and upon his apprehension he may be disposed of in any manner referred to in sub-section (1) of this section. (5) In any of the above-mentioned cases no warrant shall be necessary to authorize the detention of any such child in any manner authorized by this section but if the right to the custody of any such child is called in question by habeas corpus or otherwise it shall be sufficient to give in evidence the said order of the Children's Court or justice or special magistrate and the authority granted by the provisions of this Act to the persons above-named. 26. (1) When a child is detained in a reception centre or juvenile school or as a ward of the Department under or awaiting sentence or awaiting trial or on remand or for any other lawful cause and such child is charged with an offence or is otherwise lawfully required to be brought before a Children's Court or any other court he may upon an order made by a special magistrate or by a stipendiary magistrate or by the proper officer or clerk of the court before which he is to be brought or by the officer in charge of Children's Courts be brought up before the Children's Court or other court (as the case requires) without a writ of habeas corpus. (2) Every child brought up under such an order shall be deemed to be in the legal custody of the member of the police force or other officer having the temporary custody of the child and acting under the order and he shall in due course return the child into the custody from which the child has been so brought or into such other custody as is authorized by law. Consideration of reports by the Court before making an order. No. 605J s. 27. DIVISION 5. ORDERS OF COURT. Orders in Respect of Children. 27. (1) Where a child is charged before a Children's Court with any offence or is brought before a Children's Court as a child or young person in need of care and protection the Court if satisfied that the child has committed the offence or is a child or young person in need of care and protection shall before making any order give consideration to any report tendered which sets out an account of the results of investigation into the antecedents, home environment, companions, education, school attendance, employment, habits, recreation, character, reputation, disposition, medical history and physical or mental defects (if any) of the child.

13 1958. Children's Court. No (2) The Court may adjourn the hearing of any case for the purpose of having such an investigation made and a report submitted. (3) In making any order in any case the Court shall firstly G^" 1 have regard to the welfare of the child but shall also, where Son" era dealing with the child for an offence, have regard to the nature and circumstances of the offence and to the child's character history and previous convictions (if any). 28. (1) Where a child has been charged before a Children's chiwhow Court with an indictable offence which the Court has in proof"f h on accordance with this Act proceeded to hear and determine or ^a^' 53 s 28 with an offence punishable summarily and the charge has been proved to the satisfaction of the Court the Court may (a) in case the child has not been previously convicted of any offence, without convicting him, dismiss the information subject, if the Court thinks fit so to order, to the condition that the child pay such damages compensation and costs of the proceedings or any one or more of them as the Court thinks reasonable; or (b) without convicting him, adjourn the proceedings for a period not exceeding two years on condition that he will during that period be of good behaviour and comply with such other conditions, if any, as the Court thinks proper to impose, and, if it thinks fit, order that the child pay such damages compensation and costs of the proceedings or any one or more of them as the Court thinks reasonable; or (c) without convicting him, release him on probation for a specified term not exceeding three years and not extending beyond his nineteenth birthday; or (d) upon convicting him, discharge him conditionally on his entering into a recognisance in a nominal sum with a surety or sureties to the satisfaction of the Court (including, if the Court so orders, the parent of the child) in such sum as the Court thinks reasonable and proper, to be of good behaviour and to appear for punishment if called upon within three years after the conviction and before his nineteenth birthday and, if it thinks fit, order that the child pay such damages compensation and costs or any one or more of them as the Court thinks reasonable; or

14 Children's Court. No (e) upon convicting him, order him to pay a fine according to law but not exceeding Two pounds if he is under the age of fifteen years or Ten pounds if he is of or above the age of fifteen years; or (/) upon convicting him for an offence for which apart from this section a sentence of imprisonment may be imposed otherwise than in default of payment of a fine (i) if he is under the age of fifteen years at the date of conviction, commit him to the care of the Department for a period of not more than two years; or (ii) if he is of or over the age of fifteen years at the date of conviction, commit him to a juvenile school for a period of not more than two years and, in either such case, the Court may, if it thinks fit, further direct that for a period of not more than twelve months following the termination of that committal or his earlier discharge therefrom he be on parole under this Act subject to such conditions as the Court directs and under the supervision of a probation officer; or (g) upon convicting him for an offence for which apart from this section a sentence of imprisonment may be imposed otherwise than in default of payment of a fine, if he is of or over the age of sixteen years and the Court is satisfied that no other way of dealing with him would be appropriate in the circumstances, order him to be imprisoned for a term according to law but not in any case exceeding one year; or {h) where the Court is satisfied by the evidence before it that the child answers to any of the descriptions set out in section sixteen of the Children's Welfare Act 1958, without convicting him, order that he be admitted to the care of the Department as a child or young person in need of care and protection as if brought before the Court under section seventeen of that Act. (2) Where a Children's Court pursuant to sub-section (1) of this section directs that a child be on parole following the termination of a committal or his discharge therefrom and it is made to appear on oath to a special magistrate or a stipendiary magistrate that during the period of the parole the child has failed to observe any of the conditions thereof the special magistrate or stipendiary magistrate may issue a warrant to

15 1958. Children's Court. No apprehend the child, and to bring him before the Court which made the order and where any such child is brought before that Children's Court and the Court is satisfied that he has failed to observe any such condition as aforesaid the Court may commit him to the care of the Department or to a juvenile school (as the case requires) for a period of not more than six months. (3) Where a Children's Court pursuant to sub-section (1) of Application i this section orders a child to be imprisoned for any term the two of Put provisions of Division two of Part IV. of the Crimes Act 1958 i&wuh'""" with respect to the fixing of a minimum term shall apply in all fijan! c of to respects as if the Court were a court of petty sessions, and where {^"nd 1 a minimum term is so fixed the provisions of the said Division g^ole i, c y id with respect to parole shall apply accordingly, imprisoned. (4) Where a Children's Court pursuant to sub-section (1) of this section commits a child for a period to the care of the Department or to a juvenile school and does not direct that he be on parole following the termination thereof or his discharge therefrom the Court which makes the order may if it thinks fit on the making of the order or at any subsequent time direct that the child be brought again before the Court after a specified part of that period (not being less than six months) has elapsed, and so on from time to time after the lapse of a further similar part of the period, or the Director of Children's Welfare or the officer in charge of Children's Courts may at any time apply to the said Court to have a child brought before the Court for the purposes of this sub-section, and when any child is so brought before the Court the Court may if satisfied that the child's conduct and demeanour warrant such a course direct that the child be released from that committal before the end of the period either absolutely or subject to such conditions as the Court imposes, and the child shall be released accordingly, and where a child is so released absolutely the committal shall be at an end and he shall cease to be under the care of the Department; and notwithstanding anything to the contrary in this Act a person of or over the age of nineteen years may be brought before a Children's Court pursuant to this sub-section and may if the Court thinks fit be released absolutely but not otherwise. Provision for absolute or conditional release of ' child committed to Department or juvenile school for an offence. 1 (5) Where it is made to appear on oath to a special committal for magistrate or a stipendiary magistrate that a child released subject detensonon to conditions as aforesaid has failed to observe any such condition conditions of the special magistrate or stipendiary magistrate may issue a warrant re,ease - to apprehend the child and to bring him before the Children's Court which made the order, and where any such child is brought before that Children's Court and the Court is satisfied that the child has failed to observe any such condition as aforesaid the Court may commit him to the care of the Department or to a juvenile school for the balance of the period for which he was originally committed.

16 Children's Court. No As to references to fines or imprisonment according to law. Upon being adjudged a child or young person in need of care and protection how dealt with. No S. 29. Wards of Children's Welfare Department charged with offences. No s. 30. Procedure where parent deemed to have contributed to commission of child's offence. No s. 31. (6) In this section any reference to a fine or imprisonment for an offence according to law shall be taken to refer to a fine or imprisonment (as the case may be) of an amount or duration within the maximum limits which apart from this section may be imposed in respect of that offence. 29. (1) Where a child has been adjudged by a Children's Court to be a child or young person in need of care and protection the Court may (a) make an order that he be admitted to the care of the Department as provided by the Children's Welfare Act 1958; or (b) without making such an order release the child on probation for a specified term not exceeding three years. (2) If a child who has been released upon probation as aforesaid breaks any of the terms or conditions of his probation he may be apprehended and brought before the Court which made the order releasing him on probation and if the Court is satisfied that that breach has occurred the Court may make an order as provided by the said Act in the same manner as if he had not been released upon probation. 30. When a child who is a ward of the Department is charged before a Children's Court with any offence or is brought before the Court as a child or young person in need of care and protection the Court if it finds the child guilty of the offence or to be such a child or young person (as the case may be) may instead of dealing with the child in any other way order that the child be returned to the care of the Department. Orders in respect of Parents. 31. Where a child is convicted by a Children's Court of an offence in respect of which a fine damages compensation or costs or any one or more of them is or are ordered to be paid and the Court has reason to believe that the child's parent has contributed to the commission of the said offence by wilful default or by habitually neglecting to exercise due care of the child, the Court may direct a member of the police force to lay an information against the parent forthwith charging him with so contributing to the commission of the said offence and if the parent is present and having been warned that he may ask for an adjournment of the hearing of the information to enable him to answer the charge consents to the immediate hearing of the information then the Court may hear the information there and then and on being satisfied that the charge is proved may convict the parent thereof: Provided that where it is shown that a parent's want of pecuniary means is the cause of the default or neglect the charge shall be held not proved.

17 1958. Children's Court.. No y 32. If the parent of the child is not present the Court may summons for parents direct a member of the police force to obtain a summons on the attendance said information against the parent and upon the day appointed NO s. 32. by the summons for the hearing of the information and after due service thereof on the parent the Court on being satisfied that the charge is proved, may convict the parent thereof. 33. (1) Where the Court convicts the parent of the charge Power of as aforesaid it may in and by its conviction order the parent to adjudge 0 pay the fine damages compensation or costs or any one or more pent"tv pay of them that his child has been ordered to pay instead of him and costs a fnst ad may in addition order the parent to enter into his own recognisance of cww. forthwith with or without surety for the good behaviour of the N s child for any period not less than three nor more than twelve months and in default of such recognisance being entered into accordingly may order the said parent to be imprisoned for a term of not more than three months. (2) Any order of a Children's Court for the payment of any such sums by a parent may be enforced in the manner in which an order of a court of petty sessions for the payment of a fine on conviction may be enforced under the Justices Act 1958 where no special mode of enforcement is provided by the Act creating the offence for which the fine is imposed. Mode of enforcement of orders against parents. (3) Where the parent is so ordered to pay all or any of such suspension of sums as aforesaid the Court shall permanently suspend of^ws' 1 enforcement of the payment of the sums so ordered to be paid by against child ' the child convicted in the first instance. DIVISION 6. PROBATION AND RECOGNISANCES. 34. Where a child is released on probation, he may be so conditions of released subject to such conditions as are specified in the order majfmciude releasing him and those conditions may, without limiting the "m" " with generality of the foregoing, include a condition that during the proper person - whole or any part of the period of the probation the child will N reside with and obey the lawful instructions of some fit and proper person specified in the order who is willing to undertake the care of him. 35. (1) Any child released by the Court on probation or cmid released discharged upon his entering into a recognisance to be of good t c < be'llnd!" 5 ' behaviour and to appear for punishment when called upon shall if prs r 0 ation n of the Court so order be under the supervision of a probation officer fficer - of the Court making such order or of a probation officer of some No 6053 s<35, ' other Court who shall for that purpose be deemed to be a probation officer of the Court making the order as if he had been appointed for that Court.

18 Children's Court. No Assignment of probation officers by chief probation officer when not appointed by Court. Probation officer empowered to bring child under his supervision before Court for further action. (2) Where the Court releases a child on probation but does not assign a probation officer in respect of the child, the chief probation officer may assign a probation officer to be the probation officer in the case and may from time to time assign another probation officer in lieu of the probation officer previously assigned, and any probation officer so assigned shall have the same powers as if assigned by the Court. (3) At any time a probation officer may in his own discretion apprehend without warrant and bring any child under his supervision who appears to him to have broken any of the conditions of his probation or of his recognisance before the Court which made the order respecting the child for such further or other action as the Court may see fit to exercise. As to release on probation and extension and termination of probation. No s (1) Any child released on probation shall during his probation and in respect of such release remain subject to the order so releasing him and to the provisions of this Act and the regulations applicable thereto notwithstanding that before the expiration of the period of probation he attains the age of seventeen years. (2) If during or at the expiration of the period for which a child has been released on probation the Court which so released him is satisfied that the child has failed to observe any condition of his probation the Court may in lieu of dealing with him as hereinafter provided extend the probation for such further period as it thinks fit but not so as to extend beyond his nineteenth birthday or so as to extend beyond three years in all. (3) A period of probation may be terminated at any time by the Court which released the child on probation. Powers of court on failure to observe conditions imposed on release on probation or recognisance. No s (1) Where any child who under this Act (a) has been released on probation; or (b) has been discharged on his entering into a recognisance to be of good behaviour and to appear for punishment when called upon fails to observe any condition imposed upon him by the Court at the time of his release or discharge the Court or the chief probation officer may by notice in writing signed by the clerk of the Court or (as the case may be) by the chief probation officer and given to the parent of the child or the person with whom he is living direct that the child be brought before the Court which so released or discharged him at a time named in the notice; and if the child is not so brought before the Court the Court may issue a warrant to apprehend the child and to bring him before the Court.

19 Children's Court. No (2) If in respect of any child brought before a Children's Court pursuant to this Act it is made to appear to the Court that the child has failed to observe any such condition the Court may deal with the child in the same manner as if the Court had just been satisfied of his guilt of the offence in respect of which he was released or discharged, or may without prejudice to the continuance in force of any order releasing him on probation order the child to pay a fine of not more than Two pounds in the case of a child under the age of fifteen years and of not more than Ten pounds in the case of a child of or over the age of fifteen years. (3) This section shall be read and construed as in aid of and not in derogation of any other provisions of this Act. 38. Where a child has by a Children's Court been placed powers of under the supervision of a probation officer, the Court which of children made the order so placing him if satisfied on the report of the supervision probation officer that the parent of the child or the person with officer. atlon whom he is living has failed neglected or refused to comply with No s - 3S - any condition imposed by the Court for the child's welfare and health, may by a subsequent order remove the child from the care of the said parent or person and cancel any order already made by it and further deal with the child in accordance with this Act. 39. (1) Where any child has been convicted of an offence p r0c edure under this Act and discharged upon his entering into a ajj^ance 8 recognisance to be of good behaviour and to appear for costa! 1 * punishment when called upon and the Children's Court which so " a! S nt discharged him at any time thinks fit to call upon such child to ^assi of" appear before the Court for punishment, the call upon such child Ip^f 10 to appear for punishment may be effected and shall be sufficient No s.». if a notice in writing signed by the clerk of the Children's Court and addressed to such child and his surety or sureties is served on such surety or sureties commanding such child to appear and his surety or sureties to produce him before the Court at a certain time and place therein mentioned to be dealt with in respect of the offence of which he has been convicted by the Court. notice. (2) Service of the said notice may be effected either by service of prepaid letter sent by post to the address of the surety or sureties mentioned in the recognisance so as to reach such address in the ordinary course of post five days before the time named in the said notice for the appearance of such child before the Court or in any manner in which service of a summons may be affected under the Justices Act 1958.

20 Children's Court. No On child's failure to appear recognisance to be forfeited and warrant of apprehension issued. (3) After being so served with the notice, if the child does not appear before the Children's Court for punishment accordingly, the Court may declare the recognisance to be forfeited and may issue a warrant for the apprehension of the child and upon his apprehension the child may be disposed of in the manner provided in this Act for the disposal of a child pending the hearing of a charge and brought before the next practical sitting of the Court to be dealt with according to law. Register of Children's Court. No s. 40. Second Schedule. DIVISION 7. MISCELLANEOUS. Court Register. 40. (1) The clerk of each Children's Court shall keep a register independently of that used in the court of petty sessions of the minutes or memoranda of all convictions orders and proceedings of the Children's Court in the form and with the particulars set out in the Second Schedule to this Act, and such register shall be distinguished by the name of the place at which such Court is held as in the said form prescribed. rasracts 1 b ^ ^ucn re ster a^s0 anv S* an^ document purporting to be evidence. 0 e an extract from such register certified by the clerk of the Children's Court keeping the same to be a true extract shall be prima facie evidence of the matters entered therein. Special magistrates or justices to sign register (3) The minutes or memoranda of every day's sitting of the Children's Court shall be signed by one or more of the special magistrates or justices constituting the Court by and before whom the convictions orders or proceedings referred to in the minutes or memoranda were made or had. Register open for inspection. (4) Every such register shall be open for inspection, without fee or reward, by any stipendiary magistrate or special magistrate or by any person authorized in that behalf by the Attorney-General or by a stipendiary magistrate or special magistrate or so far as relates to the proceedings in any particular case by any party to the proceedings or by the parent of the child in respect of whom the entry is made. Recovery of sums of money ordered to be paid by children. No s. 41. Recovery of Fines, &c. 41. (1) Where any child is ordered by a Children's Court to pay any sum or sums of money by way of fine damages or compensation it may also order the child to pay the same either immediately or within suoh period as the Court thinks fit and in case the same is not paid at the time so appointed that the child shall be detained in a reception centre if he is under the age of fifteen years or detained in a juvenile school if he is of or over the age of fifteen years or imprisoned if he is of or over the age of

21 1958. Children's Court. No sixteen years for such a term in any such case as in the opinion of the Court will satisfy the justice of the case but shall not be more than the maximum fixed by the following scale: Where the Amount of the Sum or Sums adjudged to be paid Is not more than Twenty shillings.. Is more than Twenty shillings but is not more than Forty shillings Is more than Forty shillings but is not more than Five pounds Is more than Five pounds but is not more than Ten pounds The said Term shall not be more than- One month and where any such imprisonment is imposed it shall be without hard labour. (2) Any order of a Children's Court for the payment of any JJJ ^e* r such moneys by a child shall not be enforced otherwise than enforcement pursuant to the last preceding sub-section. Three days Seven days Fourteen days of fines against children. Children's Court Convictions, &c. 42. (1) Where any person who has been charged before a Restriction as Children's Court with any offence or with respect to whom any p%7.'o d cc of u " application has been made to a Children's Court is called as a cwfdrent in witness in any legal proceeding within the meaning of section three of the Evidence Act 1958 no question in regard to any such charge or any conviction or order thereon or to any such application or to any appearance of such person before a Children's Court in relation to or consequent on the same shall be asked of him after the expiration of three years from the date of such charge application or appearance (whichever last happens) unless such question is relevant to the facts in issue in such proceeding or to matters necessary to be known in order to determine whether or not such facts existed. (2) Where any person has been charged before a Children's Court with any" offence or where in respect of any person any application has been made to a Children's Court the fact of such charge or of any conviction or order thereon or of any such application or of any appearance of such person before a Children's Court in relation to or consequent on the same having been made shall not be given in evidence against him in any legal proceeding within the meanng of section three of the Evidence Act 1958 (other than a proceeding in a Children's Court) after the expiration of three years from the date of such charge application or appearance (whichever last happens) unless such fact is relevant to the facts in issue in such proceeding or to matters necessary to be known in order to determine whether or not such facts existed: Provided that where such person is charged with any offence (whether indictable or punishable on summary conviction) alleged to have been committed within the said period of three years, any Court. No. 6053». 42.

22 Children's Court. No convictions orders or proceedings of or in relation to such person previous to the date of the commission of the offence with which he is then charged entered in the register of any Children's Court may after verdict or upon conviction (as the case may be) be given in evidence. Restrictions on reports of proceedings in Children's Courts &c. No s. 43. Penalty. Establishment of Children's Court Clinic. No E. 44. Application of ss. 69, 72 and 73 of the Police Offences Act to children. No s. 45. Reports of Proceedings. 43. (1) No person shall publish or cause to be published in any newspaper or broadcast any report of any proceedings in a Children's Court or in any other court on appeal from any Children's Court containing the locality or any particulars calculated to lead to the identification of the particular Children's Court or the name address or school or any particulars calculated to lead to the identification of any child or other person concerned in those proceedings either as being the person against or in respect of whom the proceedings are taken or as being a witness therein, nor shall any person publish or cause to be published in any newspaper or otherwise any picture as being or including a picture of any child or other person concerned in any such proceedings as aforesaid. (2) Any person who publishes or causes to be published any matter in contravention of this section shall be guilty of an offence and liable to a penalty of not more than One hundred pounds. Children's Court Clinic. 44. The Governor in Council may establish and maintain a Children's Court Clinic under the charge of a legally qualified medical practitioner (a) for the purpose of making physical psychiatric and psychological examinations of children proved before Children's Courts to have committed offences or to be children or young persons in need of care and protection and of submitting special reports for the information of the Court; and (6) for such other purposes as are prescribed. Application of Certain Provisions to Children's Courts. 45. Sections sixty-nine seventy-two and seventy-three of the Police Offences Act 1958 shall not apply to any child, but a child doing any of the things specified in paragraphs (a) to (/) of sub-section (1) of section sixty-nine or in paragraphs (b) to (o) of sub-section (1) of section seventy-two or in paragraphs (a) to (c) of sub-section (1) of section seventy-three of that Act shall be guilty of an offence punishable on summary conviction for which a sentence of imprisonment for a term of not more than one year may be imposed and may be dealt with by a Children's Court in any manner authorized by this Act accordingly.

23 1958. Children's Court. No Where under any Act other than this Act a court is AS to exercise authorized upon a conviction for an offence to make any order powers when with respect to any property or thing the subject of or in any way redded? 1011 connected with the offence or to impose any disqualification or N S.46. like disability on the person convicted, then when a charge for any such offence is heard before a Children's Court and the Court finds the offence proved it shall be authorized to make such an order or to impose such a disqualification or disability notwithstanding that no conviction is recorded against the child charged therewith. Remission of Cases to Petty Sessions. 47. Where any person has been summoned to appear before Remission of a Children's Court or has been apprehended and brought before cwiarenvi"'* a Children's Court upon a charge for an offence and it appears SSSdicUoi? 0 to the Court either before or during the hearing of the charge NO.6053S.47. that that person is not a child the Children's Court shall abstain from hearing the case and shall have power to remit the hearing of the case to a court of petty sessions within the bailiwick in which the offence is alleged to have been committed and which seems the most convenient court in the circumstances and in the meantime it may commit him to gaol or suffer him to go at large or admit him to bail with or without surety to be brought or to appear before the said court at the time and place to which the said hearing of the case is remitted as aforesaid. PART II. GENERAL. 48. (1) Any person against or in respect of whom any Appeal to conviction or order is made by a Children's Court, whether upon festonsin a charge for an offence or upon an application under the orders'of au Children's Welfare Act 1958 to have a child adjudged a child or g^ "' 8 young person in need of care and protection (but not including a direction for trial), may pursuant to Part V. of the Justices Act 1958 appeal therefrom, notwithstanding that there is no conviction or that no term of imprisonment and no fine penalty or forfeiture is imposed or that a fine penalty or forfeiture of less than the sum of Five pounds is imposed. (2) Where the appellant is a child the appeal may be made, if the child is under the age of fourteen years, by the child's parent or in the absence of the parent by the chief probation officer on his behalf and in his name, or, if the child is of or over the age of fourteen years, by the child himself, and the provisions of the said Part V. snail with the necessary modifications apply accordingly. N O.6053S.4& 49. On the hearing of an appeal from a conviction or order of Exclusion of a Children's Court the chairman of the court of general sessions ap S. rom may order any persons who in his opinion are not directly No. 6053s.49.

24 $. Children's Court. No interested in the case, not being the counsel or solicitor for the prosecution or for the defendant or for the child in respect of whom the order was made or the clerk of any such solicitor or the probation officer concerned in the case or the parent or person for the time being having the custody and care of any defendant or witness under the age of eighteen years if desired by such witness or defendant to remain with him or her whilst necessarily present in court or (where the accommodation at the court-house or place of hearing will in the opinion of the chairman allow of his attendance) a person who holds an authority from the Attorney-General as hereinafter provided, to leave the court room and its precincts, and may in case of disobedience order their removal by a member of the police force and every person disobeying such order shall be guilty of contempt of court and on the chairman's own view shall be punished in the manner provided in Part VII. of the Justices Act 1958 for contempt of court. Grant and revocation of authorities to attend Children's Courts. No s. 50. Power to jud^e or chairman to exercise powers of Children's Court. No s For the purposes of this Act the Attorney-General may from time to time grant to any person who in the opinion of the Attorney-General has a special interest in the administration of Children's Courts an authority in writing (subject to such limitations in time or circumstance, if any, as the Attorney-General thinks fit) to be present in any such Court or any court of general sessions (so far as the accommodation at the court-house or place of hearing will in the opinion of the Court or chairman allow) during the hearing of charges and applications therein or (as the case may be) during the hearing of appeals from convictions or orders of any such Court, and the Attorney-General may at any time revoke any such authority. 51. Where a child upon his trial has pleaded guilty to or has been found guilty of an indictable offence the judge of the Supreme Court or chairman of general sessions (as the case may be) may, without prejudice to his other powers in that regard, deal with the child in any way in which he might be dealt with by a Children's Court. Regulations. 52. (1) The Governor in Council may make regulations for No s. 52. or with respect to (a) prescribing forms to be used under this Act; (Z>) the appointment of probation officers and adding to or varying the duties to be performed by them under this Act; or (c) prescribing all matters authorized or directed or necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Act.