Section 57

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 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 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 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 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 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 to make a statement if he so desires and the evidence of any witness for the defence shall be heard.

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

Before deciding how to deal with him, the Court shall 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.

Such information may include any written report of a probation officer or registered medical practitioner, and may be received and considered by the Court without being read aloud.

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

Where the Court has received and considered a written report of a probation officer or a registered medical practitioner —

If in any case the 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.