Singapore legislation

Clause 32

of Children and Young Persons (Amendment) Bill

Clause 32

Amendment of section 44

Section 44 of the principal Act is amended —

(a)

by deleting paragraph (k) of subsection (1) and substituting the following paragraph:“(k)to deal with the offender, or order the offender to be brought before a District Court to be dealt with, under section 305 of the Criminal Procedure Code (Cap. 68) if —

(i)

on the day on which the offender is found guilty of an offence, the offender has attained 18 years of age;

(ii)

both of the following conditions are satisfied:

(A)

on the day on which the offender is found guilty of an offence, the offender, having attained 14 years of age but is below 18 years of age, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under paragraph (i) to be sent to a juvenile rehabilitation centre established under section 64;

(B)

the Youth Court is satisfied, having regard to the offender’s character, previous conduct and the circumstances of the offence, that to reform the offender and prevent crime, the offender should undergo a period of training in a reformative training centre; or

(iii)

on the day on which the offender is found guilty of an offence, the offender has attained 14 years of age but is below 18 years of age, and the Youth Court is of the opinion that the offender is of so unruly a character that the offender cannot be safely detained in a juvenile rehabilitation centre or a place of detention.”;

(b)

by deleting “2010” in subsection (7)(b);

(c)

by deleting the words “the age of 16 years” in subsection (7)(b)(i) and (ii) and substituting in each case the words “18 years of age”;

(d)

by deleting the words “that it is expedient with a view to his reformation that” in subsection (7)(b) and substituting the words “, having regard to the person’s character, previous conduct and the circumstances of the offence, that to reform the person and to prevent crime,”; and

(e)

by inserting, immediately after subsection (7), the following subsections:“(8) The Youth Court may, on the application of the person‑in‑charge of a juvenile rehabilitation centre, vary or discharge an order made under subsection (1)(i) if the Court is satisfied that it is in the best interests of the offender to do so.(9) No order may be varied under subsection (8) to extend the period for which an offender is to be sent to a juvenile rehabilitation centre without giving the offender an opportunity to be heard.(10) To avoid doubt, where an order to be varied or discharged under subsection (8) involves an offender who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court must not extend the period for which the offender is sent to a juvenile rehabilitation centre to exceed 3 years.(11) In making an order under subsection (1)(i), or varying or discharging such order under subsection (8), the Youth Court may impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety, wellbeing and rehabilitation of the offender in respect of whom such an order is made.”.

Clause 32 — Children and Young Persons (Amendment) Bill