47. Procedure in Youth Court

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

After explaining the substance of the alleged offence, the Youth Court is to ask the child or young person whether he or she admits the facts constituting the offence.

If the child or young person does not admit the facts constituting the offence, the Youth Court is to 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 Youth Court is to, except in any case where the child or young person is legally represented, allow his or her parents or guardian or, in their absence, any relative or other responsible person to assist the child or young person in conducting his or her defence.

If in any case where the child or young person is not legally represented or assisted in his or her defence as provided for in subsection (5), the child or young person, instead of asking questions by way of cross‑examination, makes assertions, the Youth Court is to 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 Youth Court that a prima facie case is made out, the Court is to explain to the child or young person the substance of the evidence against him or her and, in particular, any points therein which specially tell against him or her or require explanation and the child or young person must be allowed to give evidence upon oath or affirmation or to make a statement if he or she so desires and the evidence of any witness for the defence must be heard.

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

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

The information referred to in subsection (9) may include any written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Youth Court thinks fit to provide a report on the child or young person, and may be received and considered by the Court without being read aloud.

For the purpose of subsection (9), the Youth Court may —

The costs of and incidental to any assessment under subsection (11)(b) must be borne by the parent or guardian of the child or young person, unless the Youth Court directs otherwise.

Where the Youth Court has received and considered a written report of a probation officer, an approved 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 Youth Court considers it necessary in the interests of the child or young person, the Court may require the parent or guardian of the child or young person (as the case may be) to withdraw from the Court.[42