Clause 42

Where a child or young person is brought before a Juvenile Court for any offence, it shall be the duty of the Court as soon as possible to explain to him in simple language suitable to his age and understanding the substance of the alleged offence.

After explaining the substance of the alleged offence, the Juvenile Court shall ask the child or young person whether he admits the facts constituting the offence.

If the child or young person does not admit the facts constituting the offence, the Juvenile Court shall then hear the evidence of the witnesses in support thereof. At the close of the evidence in chief of each witness, the witness may be cross-examined by or on behalf of the child or young person.

The Juvenile Court shall, except in any case where the child or young person is legally represented, allow his parents or guardian or, in their absence, any relative or other responsible person to assist him in conducting his defence.

If in any case where the child or young person is not legally represented or assisted in his defence as provided for in subsection (4), the child or young person, instead of asking questions by way of cross-examination, makes assertions, the Juvenile Court shall then put to the witness such questions as it thinks necessary on behalf of the child or young person and may for this purpose question the child or young person in order to bring out or clear up any point arising out of those questions.

If it appears to the Juvenile Court that a prima facie case is made out, the Court shall explain to the child or young person the substance of the evidence against him and, in particular, any points therein which specially tell against him or require explanation and the child or young person shall be allowed to give evidence upon oath or affirmation, or if to make a statement if he so desires and the evidence of any intuess for the defence shall be heard.

If the child or young person admits the offence or the Juvenile Court is satisfied that it is proved, he and his parent or guardian, if present, shall then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.

Before deciding how to deal with him, the Juvenile Court may obtain such information as to his general conduct, home surroundings, school record and medical history, as may enable it to deal with the case in the best interests of the child or young person, and may put to him any question arising out of such information.

The information referred to in subsection (8) may include any written report of a probation officer, a welfare officer, a registered medical practitioner or any other person whom the Juvenile Court thinks fit to provide a report on the child, and may be received and considered by the Court without being read aloud.

For the purpose of obtaining the information under subsection (8), or for special medical examination or observation, the Juvenile Court may from time to time release the child or young person on bail or remand him in a place of detention.

Where the Juvenile Court has received and considered a written report of a probation officer, a welfare officer, a registered medical practitioner or any other person whom the Court thinks fit to provide a report on the child or young person —

If in any case the Juvenile Court considers it necessary in the interests of the child or young person, it may require the parent or guardian of the child or young person, as the case may be, to withdraw from the Court.