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Juveniles Act [Cap 56]

LAWS OF FIJI

CHAPTER 56

JUVENILES

ARRANGEMENT OF SECTIONS

PART I-PRELIMINARY

SECTION
1. Short title and application.
2. Interpretation.

PART II-PROTECTION OF JUVENILES IN RELATION TO CRIMINAL
PROCEEDINGS

3. Prevention of juveniles associating with adults during detention.
4. Bail of juveniles arrested.
5. Custody of juveniles not released on bail after arrest.
6. Custody of juveniles in places of safety or prisons.
7. Attendance in court of parent of juvenile.

PART III-GENERAL PROVISIONS AS TO PROCEEDINGS IN COURT

8. Child not allowed in court.
9. Powers to clear court.
10. Evidence of child of tender years.
11. Presumption and determination of age.
12. Power to prohibit publication of certain matters.
13. Powers to proceed with case in absence of juvenile.
14. Extension of power to take depositions.
15. Admission of deposition of juvenile.

PART IV-ESTABLISHMENT AND PROCEDURE OF JUVENILE COURTS

16. Establishment of juvenile courts.
17. Sittings of juvenile courts.
18. Rules.
19. Considerations of welfare.
20. Abolition of the words "conviction and sentence" in relation to juveniles.
21. Procedure in juvenile courts.
22. Assignment of certain matters to juvenile courts.
23. Miscellaneous provisions as to powers of juvenile courts.
24. Power of court to transfer offenders to juvenile courts
25. Taking of fingerprints and photographs only on order of magistrate.
26. Costs.
27. Offences committed by children.
28. Form of oath for juvenile.

PART V-JUVENILE OFFENDERS

29. Age of criminal responsibility.
30. Restrictions on punishment of juveniles.
31. Punishment of certain grave crimes.
32. Methods of dealing with offenders.
33. Mental treatment.
34. Power of court in respect of fines, etc.

PART VI-INSTITUTIONS FOR THE CARE, PROTECTION AND
CONTROL OF JUVENILES

35. Approval of societies and voluntary institutions.
36. Establishment of approved institutions.

PART VII-POWERS AND DUTIES OF THE DIRECTOR AND OF
WELFARE OFFICERS

37. Duties of Director and welfare officers.

PART VIII-DUTY OF DIRECTOR TO ASSUME CARE OF JUVENILES

38. Duty to provide for orphans, etc.

PART IX-JUVENILES IN NEED OF CARE, PROTECTION OR CONTROL

39. Presumptions regarding custody, charge and care of juveniles.
40. Definition of "in need of care, protection or control".
41. Application for and making of orders.
42. Power of juvenile court to vary or revoke order.
43. Power to transfer case from one juvenile court to another.
44. Juveniles beyond control.
45. Proceedings in respect of juveniles in need of care.
46. Warrant to search for and remove juvenile.
47. Power to parent to oppose application.
48. Interim orders to a place of safety.

PART X-CARE ORDERS

49. Contents of care order.
50. Duration of care order.
51. Powers of Director over juvenile committed to his care.
52. Powers of the Director to board out juveniles.
53. Director to consider religious persuasion of juvenile in care.
54. Power to arrange emigration.
55. Application for care order to be varied or revoked
56. Absconders

PART XI-OFFENCES AGAINST JUVENILES

57. Cruelty to and neglect of juveniles
58. Causing or allowing children to be used for begging
59. Giving intoxicating or spirituous liquor to children
60. Sales of intoxicating liquor to persons under eighteen
61. Taking pawns from juveniles
62. Purchasing scrap metal from juveniles

PART XII-CUSTODY OF JUVENILES

63. Application for custody of a juvenile

PART XIII-SUPERVISION OF JUVENILES PLACED WITH STRANGERS

64. Third-party placements of juveniles
65. Duration
66. Notification of taking possession of a juvenile
67. Notification of change of residence or of death
68. Removal of juveniles from unsuitable premises or persons
69. Removal of juvenile in respect of offence

PART XIV-PLACES OF SAFETY

70. Establishment of places of safety
71. Supervision of approved places of safety

PART XV-FINANCIAL PROVISIONS

72. Contribution order
73. Application for affiliation orders by Director
74. Variation of trusts for the maintenance of juveniles
75. Receipt of moneys by Director
76. Maintenance of juveniles

PART XVI-GENERAL

77. Advisory Council
78. Regulations

First Schedule - Offences against Juveniles to which Special Provisions of the Act Apply
Second Schedule - Offences against Juveniles with respect to which Special Provisions of the Act Apply

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Acts 13 of 1973, 32 of 1974, 23 of 1975,
4 of 1976, 11 of 1977, 3 of 1978

AN ACT TO MAKE PROVISION FOR THE CUSTODY AND PROTECTION
OF JUVENILES IN NEED OF CARE, PROTECTION OR CONTROL, AND
FOR THE CORRECTION OF JUVENILE DELINQUENTS AND YOUNG
OFFENDERS

*[13 June 1974]

* Applied to whole of Fiji except Part XIII and section 77
which are not in force at the date of this revision
(31 December 1985).

PART I-PRELIMINARY

Short title

1. This Act may be cited as the Juveniles Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"approved institution" means an institution established by the Minister under the provisions of section 36, or an approved voluntary institution, or a home owned or operated by an approved society;

"approved society" means a society which is registered as an approved society under the provisions of section 35;

"approved voluntary institution" means a home or other residential institution which is registered as an approved voluntary institution under the provisions of section 35;

"child" means a person who has not attained the age of fourteen years;

"care order" means an order by a court committing a juvenile to the care of the Director;

"contribution order" has the meaning assigned to it by section 72;

"controlling body" in relation to an approved society or approved institution, means the person or persons for the time being having the management or control thereof;

"Director" means the Director of Social Welfare;

"guardian" in relation to a juvenile includes any person who, in the opinion of any court, has for the time being the charge or control over such juvenile;

"in need of care, protection or control" has the meaning assigned to it by section 40;

"juvenile" means a person who has not attained the age of seventeen years, and includes a child and a young person;

"juvenile court" has the meaning assigned to it by section 16;

"legal guardian" in relation to a juvenile, means a person appointed to be the guardian of such juvenile by deed, will or order of a court;

"liquor" has the meaning assigned to it by the Liquor Act;
(Cap. 192.)

"Minister" means the Minister responsible for welfare matters and the treatment of offenders;

"place of safety" includes any institution established as such by the Minister under the provisions of section 70; and includes any police station or any hospital or clinic, or any other suitable place, the occupier of which is willing temporarily to receive a juvenile, but does not include a prison;

"prison" means a place established as a prison under the provisions of the Prisons Act;
(Cap. 86)

"probation officer" means any person appointed as such under the provisions of the Probation of Offenders Act;
(Cap. 22)

"probation order" has the meaning assigned to it by the Probation of Offenders Act;
(Cap. 22)

"scheduled offence" means any of the offences mentioned in the First Schedule;

"street" includes any highway, square, bridge, road, footway, market, alley, or passage, whether a through-fare or not, lawfully used by the public;

"welfare officer" means a welfare officer of the Department of Social Development and Welfare, and includes the Director of Social Welfare, the Assistant Director of Social Welfare, any Senior Welfare Officer, Welfare Officer, or Assistant Welfare Officer;

"young person" means a person who has attained the age of fourteen years, but who has not attained the age of seventeen years.

PART II-PROTECTION OF JUVENILES IN
RELATION TO CRIMINAL PROCEEDINGS

Prevention of juveniles associating with adults during detention

3. The Commissioner of Police shall make arrangements for preventing, as far as possible, any juvenile while detained in a police station, or while being conveyed to or from any criminal court, from associating with an adult (not being a relative) who is charged with an offence other than an offence with which the juvenile is jointly charged, and for ensuring where practicable that a girl (being a juvenile) shall, while being so detained, conveyed or waiting, be under the care of a woman.

Bail of juveniles arrested

4. Where a person apparently under the age of seventeen is apprehended, with or without a warrant, and cannot be brought forthwith before a court, the police officer in charge of the police station to which he is brought shall inquire into the case and shall in any case-

(a) unless the charge is one of murder or other grave crime; or

(b) unless it is necessary in the interests of such person to remove him from association with any undesirable person; or

(c) unless the police officer has reason to believe that the release of such person would defeat the ends of justice,

release such person on recognizance, with or without sureties, for such an amount as will, in the opinion of the officer, secure the attendance of that person upon the hearing of the charge, being entered into by him, or by his parent, guardian or other responsible person. The recognizance may be conditioned for the attendance at the hearing of the parent or guardian as well as the person charged.

Custody of juveniles not released on bail after arrest

5. Where a person apparently under the age of seventeen years having been arrested is not released on recognizance as provided in section 4, the officer in charge of the police station to which such person is brought shall cause him to be detained in a place of safety, until he can be brought before a court, unless such officer certifies-

(a) that it is impracticable to do so; or

(b) that the juvenile is of so unruly or depraved a character that he cannot safely be so detained; or

(c) that by reason of the state of health or the mental or physical condition of the juvenile it is inadvisable so to detain him,

and such certificate shall be produced to the court before which the juvenile is brought.

Custody of juveniles in places of safety or prisons

6.-(1) A court on remanding or committing for trial a juvenile who is not released on bail shall, instead of committing him to prison, commit him to a place of safety named in the commitment to be detained there for the period for which he was remanded or until he is thence delivered in due course of law:

Provided that in the case of a young person a court may order that he shall be committed to prison if the court certifies that he is of so unruly or depraved a character that he is not a fit person to be detained in a place of safety.

(2) A commitment for a person to be detained in a place of safety under the provisions of this section may be varied, and in the case of a young person who proves to be of so unruly or depraved a character that he is not fit to be so detained, revoked, by any court acting in or for the place in or for which the court which made the order acted, and, if the order is revoked, the young person may be committed to prison.

(3) Where it is impracticable in a prison to separate juveniles from adults detained in custody the Controller of Prisons may detain any juvenile awaiting trial, or placed on remand by a court, in a suitable dwelling other than a prison and while the juvenile is so detained he shall be deemed to be in lawful custody.

(4) A juvenile while detained under the provisions of this section and while being conveyed to and from a place of safety or prison shall be deemed to be in lawful custody and if he escapes from custody shall be guilty of an offence under the provisions of section 138 of the Penal Code and may be apprehended without warrant and brought back to the place of safety or prison or other place in which he was detained.
(Cap. 17)

Attendance in court of parent of juvenile

7.-(1) Where a juvenile is charged with an offence or is for any other reason brought before a court, his parent or guardian may in any case, and shall if he resides within a reasonable distance, be required to attend the court before which the case is heard or determined during all stages of the proceedings unless the court is satisfied that it would be unreasonable to require his attendance or he cannot be found.

(2) Where a juvenile is arrested or taken to a place of safety, the police officer by whom he is arrested or who is in charge of the police station to which he is brought, or the person by whom he is taken to the place of safety as the case may be, shall cause the parent or guardian of the juvenile, if he can be found, to be warned to attend at the court before which the juvenile will appear.

(3) If any parent or guardian who has been required or warned to attend in accordance with the provisions of subsections (1) and (2), having received reasonable notice of the time and place at which he is required or warned to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the court, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty dollars.

(4) The parent or guardian whose attendance shall be required under the provisions of this section shall be the parent or guardian having the actual possession and control of the juvenile:

Provided that if that person is not the father, the attendance of the father may also be required.

(5) The attendance of the parent of the juvenile shall not be required under this section in any case where the juvenile was, before the institution of the proceedings, removed from the custody or charge of his parent by the court.

PART III-GENERAL PROVISIONS AS TO PROCEEDINGS IN COURT

Child not allowed in court

8. No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purpose of justice; and any child present in court when he is not so permitted shall be ordered to be removed,

Powers to clear court

9. When, in any proceedings in relation to any offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a juvenile is called as witness, the court shall direct that all or any of the persons, not being members or officers of the court or parties to the case or their barristers and solicitors, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of such person:

Provided that bona fide representatives of a newspaper or news agency shall not be excluded except by special order of the court.

Evidence of child of tender years

10.-(1) Where in any proceedings against any person for any offence or in any civil proceedings any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his evidence may proceed not on oath, if, in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of his evidence and to understand the duty of speaking the truth; and the evidence though not given on oath but otherwise taken and reduced into writing so as to comply with any law in force for the time being, shall be deemed to be a deposition within the meaning of any law so in force:

Provided that where evidence is admitted by virtue of this section on behalf of the prosecution, the accused shall not be liable to be convicted of the offence unless that evidence is corroborated.

(2) If any child of tender years whose evidence is thus received wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be liable on conviction to be dealt with as if he had been guilty of an offence and the provisions of section 32 shall thereupon apply.

Presumption and determination of age

11.-(1) Where a person, whether charged with an offence or not, is brought before any court, otherwise than for the purpose of giving evidence, and it appears to the court that he is a juvenile, the court shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of such proceedings, be deemed to be the true age of that person, and, where it appears that the person so brought before it has attained the age of seventeen years, that person shall, for the purposes of such proceedings, be deemed not to be a juvenile.

(2) Where in any charge or information for any offence under the provisions of this Act or any of the offences mentioned in the First Schedule, except an offence under the provisions of sections 153 to 163 inclusive of the Penal Code, it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person or to have been under or to have attained the specified age as the case may be, he shall for the purposes of such charge or information be presumed at that date to have been a child or young person or to have been under or to have attained that age as the case may be unless the contrary is proved.
(Cap .17)

(3) Where in any charge or information for any offence under the provisions of this Act or any of the offences mentioned in the Second Schedule it is alleged that the person by or in respect of whom the offence was committed was a child or young person it shall not be a defence to prove that the person alleged to have been a child was a young person or the person alleged to have been a young person was a child in any case where the acts constituting the alleged offence would equally have been an offence if committed in respect of a young person or child respectively.

(4) Where a person is charged with an offence under the provisions of this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age.

(5) The court shall in every order of detention made by it under the provisions of this Act state the date of birth or the age of the child or young person presumed or declared by the court.

Power to prohibit publication of certain matters

12.-(1) In relation to any proceedings in any court-

(a) no newspaper report or radio broadcast of the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification of any juvenile either as being the person by or against or in respect of whom the proceedings are taken, or as being as a witness therein;

(b) no picture shall be published in any manner as being, or including a picture of, any juvenile so concerned in the proceedings:

Provided that the court or the Minister may in any case, if satisfied that it is in the interests of justice or of the public to do so, by order dispense with the requirements of this subsection to such extent as may be specified in the order.

(2) Any person who publishes or broadcasts by radio any matter in contravention of the provisions of this section shall be liable on conviction to a fine not exceeding one hundred dollars in respect of each offence.

Powers to proceed with case in absence of juvenile

13. Where in any proceedings with relation to any scheduled offence the court is satisfied that the attendance before the court of any juvenile in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case the case may be proceeded with and determined in the absence of such juvenile.

Extension of power to take depositions

14.-(1) Where a magistrate is satisfied by the evidence of a medical practitioner that the attendance before a court of any juvenile in respect of whom any scheduled offence is alleged to have been committed would involve serious danger to his life or health, the magistrate may take in writing the deposition of the juvenile on oath, and shall thereupon subscribe the deposition and add thereto his reasons for taking it and the names of the persons, if any, present when it was taken.

(2) The magistrate taking any such deposition shall transmit it-

(a) if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court to which the accused person has been committed; and

(b) in any other case, to the clerk of the court before which proceedings are pending in respect of the offence.

Admission of deposition of juvenile

15. Where, in any proceedings in respect of any scheduled offence, the court is satisfied by the evidence of a medical practitioner that the attendance before the court of any juvenile in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the juvenile taken under this Part shall be admitted in evidence either for or against the accused person without further proof if it is signed by the magistrate before whom it was taken:

Provided that the deposition shall not be admissible in evidence against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been given to him or that it was taken in the presence of the accused person and that he or his barrister and solicitor had the opportunity of cross-examining the juvenile making the deposition.

PART IV-ESTABLISHMENT AND PROCEDURE OF JUVENILE COURTS

Establishment of juvenile courts

16. A magistrate's court sitting for the purpose of-

(a) hearing any charge against a juvenile; or

(b) exercising any other jurisdiction conferred on juvenile courts by or under this or any other Act,

is in this Act referred to as a juvenile court.

Sittings of juvenile courts

17.-(1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by this or any other Act.

(2) A juvenile court shall, so far as practicable, sit either in a different building or room from that in which the sittings of courts other than juvenile courts are held, or on different days or at different times from those on which sittings of such other courts are held; and no person shall be present at any sitting of the juvenile court except-

(a) members and officers of the court;

(b) parties to the case before the court, their barristers and solicitors and witnesses and other persons (including welfare officers and probation officers) directly concerned in that case; and

(c) such other persons as the court may authorise to be present.

Rules

18. The Chief Justice may from time to time make rules of court for regulating the practice and procedure in juvenile courts and for appeals therefrom, and such of the provisions of any other written law as regulate procedure and appeals in criminal cases shall have effect subject to the provisions of this Act and of any rules so made.

Considerations of welfare

19. Every court in dealing with a juvenile who is brought before it shall have regard to his welfare and shall, if it thinks fit, take steps for removing him from undesirable surroundings and for securing that proper provision be made for his maintenance, education and training.

Abolition of the words "conviction" and "sentence" in relation to juveniles

20. The words "conviction" and "sentence" shall not be used in relation to juveniles and any reference in any written law to a person convicted, a conviction or a sentence shall, in the case of juvenile persons, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.

Procedure in juvenile courts

21.-(1) Where a juvenile is brought before a juvenile court for any offence other than murder or attempted murder the case shall finally be disposed of in such court:

Provided that where the court is not presided over by a resident magistrate* and the court wishes to impose a term of imprisonment then the case must be remitted to a court presided over by a resident magistrate.
(Amended by Act 3 of 1978, s. 2.)
* See Legal Notice No. 44 of 1977.

(2) After explaining the substance of the alleged offence the court shall ask the juvenile whether he admits the offence.

(3) Notwithstanding that the juvenile admits the offence, a juvenile court may, in any case where the juvenile is not legally represented, hear such evidence as it considers necessary in the best interests of justice and of the juvenile.

(4) At the close of the evidence in chief of each witness, the court may, if the juvenile is not legally represented, ask the juvenile and his parent or guardian if present in court, whether they or either of them wish to put any questions to the witnesses.

(5) If, in any case where the juvenile is not legally represented, the juvenile, 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 juvenile and may for this purpose question the juvenile in order to bring out or clear up any points arising out of such assertions:

Provided that where the court puts any such questions to a witness, the prosecution shall have the right to re-examine the witness upon the answers made to such questions.

(6) If it appears to the court that a prima facie case is made out, the evidence of any witness for the defence shall be heard and the juvenile shall be allowed to give evidence or to make a statement.

(7) If the court is satisfied that the offence is proved, the juvenile shall then be asked if he desires to say anything in extenuation or mitigation of the offence or otherwise. Before deciding how to deal with him the court shall obtain such information as to his general conduct, home surroundings, school and work record, and medical history as may enable it to deal with the case in the best interests of the juvenile, and may put to him any questions arising out of such information. For the purpose of obtaining such information, or for special medical examination or observation, the court may from time to time remand the juvenile on bail or to a place of detention or to a place of safety so, however, that he appears before a court at least once in every twenty-one days.

Assignment of certain matters to juvenile courts

22.-(1) Subject as hereinafter provided, no charge against a juvenile, and no application or matter whereof the hearing is by this Act assigned to juvenile courts shall be heard by a magistrate's court which is not a juvenile court:

Provided that-

(a) a charge made jointly against a juvenile and a person who has attained the age of seventeen years shall be heard by a magistrate's court which is not a juvenile court; and

(b) where a juvenile is charged with an offence the charge may be heard by a magistrate's court which is not a juvenile court if a person who has attained the age of seventeen years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and

(c) where, in the course of proceedings before any magistrate's court other than a juvenile court, it appears that the person to whom the proceedings relate is a juvenile nothing in this section shall be construed as preventing the court, if it thinks fit to do so, from proceeding with the hearing and determination of those proceedings.

(2) No direction whether contained in this or in any other written law that a charge shall be brought before a juvenile court shall be construed as restricting the powers of any magistrate to entertain an application for bail or for a remand and to hear such evidence as may be necessary for that purpose.

Miscellaneous provisions as to powers of juvenile courts

23.-(1) A juvenile court sitting for the purpose of hearing a charge against, or an application relating to, a person believed to be a juvenile may, if it thinks fit to do so, proceed with the hearing and determination of the charge or application notwithstanding that it is later discovered that such person is not a juvenile.

(2) The attainment of the age of seventeen years by a probationer or a person bound over to keep the peace or to be of good behaviour under the provisions of any written law shall not deprive the juvenile court of jurisdiction to enforce his attendance and deal with him in respect of any failure to observe the conditions of the recognizance or order, or of jurisdiction to vary or discharge the order.

(3) When a juvenile court has remanded a juvenile for information to be obtained with respect to him, any juvenile court acting for the same district-

(a) may in his absence extend the period for which he is remanded, so however that he appears before a court at least once in every twenty-one days;

(b) when the required information has been obtained, may deal with him finally,

and where the court by which he was originally remanded has recorded a finding that he is guilty of an offence charged against him, it shall not be necessary for any court which subsequently deals with him under the provisions of this subsection to hear evidence as to the commission of that offence, except in so far as it may consider that such evidence will assist the court in determining how he should be dealt with.

Power of court to transfer offenders to juvenile courts

24.-(1) Any court by or before which a juvenile is found guilty of an offence other than murder or attempted murder may, if it thinks fit, transfer the case to a juvenile court acting for the place where the offender resides; and, where any such case is so transferred, the offender shall be brought before a juvenile court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.

(2) No appeal shall lie against an order of transfer made under this section, but nothing in this subsection shall effect any right of appeal against the verdict or finding on which such an order is founded, and a person aggrieved by the order of a juvenile court to which the case is transferred may appeal therefrom as if the offender had been tried by, and pleaded guilty before, the juvenile court.

(3) A court by which an order transferring a case to a juvenile court is made under the provisions of this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the juvenile court, and shall cause to be transmitted to the clerk of the juvenile court a certificate setting out the nature of the offence and stating that the offender has been found guilty and that the case has been transferred for the purpose of being dealt with under this section.

Taking of fingerprints and photographs only on order of magistrate

25. The police shall not take fingerprints or photographs of a child while in lawful custody except on the order of a magistrate.

Costs

26. Where a juvenile is himself ordered by a juvenile court to pay costs in addition to a fine, the amount of the costs shall in no case exceed the amount of the fine.

Offences committed by children

27. In any proceedings for an offence committed by a person of or over the age of twenty-one, any offence of which he was found guilty which under the age of fourteen shall be disregarded for the purpose 'of any evidence relating to his previous convictions; and he shall not be asked, and if asked shall not be required to answer, any question relating to such an offence notwithstanding that the question would otherwise be admissible.

Form of oath for juvenile

28.-(1) Subject to the provisions of subsection (2), in relation to any oath administered to and taken by any juvenile in any court the words "I promise before Almighty God" may be used instead of the words "I swear by Almighty God".

(2) Where in any oath otherwise administered and taken the words "I promise before Almighty God" are used the oath shall nevertheless be deemed to have been duly taken.

PART V-JUVENILE OFFENDERS

Age of criminal responsibility

29.-(1) It shall be conclusively presumed that no child under the age of ten years can be guilty of any offence.

(2) A person of or over the age of ten and under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not do the act or make the omission.
(Amended by 11 of 1977 s.2)

(3) A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

Restrictions on punishment of juveniles

30.-(1) No child shall be ordered to be imprisoned for any offence.

(2) No young person shall be ordered to be imprisoned for an offence, or to be committed to prison in default of payment of a fine, damages or costs, unless the court certifies that he is of so unruly a character that he cannot be detained in an approved institution or that he is of so depraved a character that he is not a fit person to be so detained.
(Amended by 23 of 1975 s.3)

(3) A young person shall not be ordered to be imprisoned for more than two years for any offence.

Punishment of certain grave crimes

31.-(1) Where a juvenile is found guilty of murder, of attempted murder or of manslaughter, or of wounding with intent to do grievous bodily harm and the court is of the opinion that none of the other methods by which the case may legally be dealt with is suitable, the court may order the offender to be detained for such period as may be specified in the order, and, where such an order has been made, the juvenile shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the Minister may direct.

(2) A juvenile detained pursuant to the directions of the Minister under the provisions of this section shall, while so detained, be deemed to be in lawful custody.

(3) Any person so detained may, at any time, be discharged by the Minister on licence which licence may be in such form and may contain such conditions as the Minister may direct, and may at any time be revoked or varied by the Minister.

(4) Where a licence has been revoked under the provisions of subsection (3), the juvenile to whom the licence related shall return to such place as the Minister may direct, and, if he fails to do so, may be apprehended without warrant and taken to that place.

Methods of dealing with offenders

32. (1) Where a juvenile is tried for an offence and the court is satisfied of his guilt, the court shall take into consideration the manner in which, under the provisions of this or any other written law, the case should be dealt with, namely-

(a) by discharging the offender under section 44 of the Penal Code;

(b) by ordering the offender to pay a fine, compensation or costs;

(c) by ordering the parent or guardian of an offender to pay a fine, compensation or costs;

(d) by ordering the parent or guardian of the offender to give security for the good behaviour of the offender;

(e) by making a care order in respect of the offender;

(f) by making a probation order in respect of the offender;

(g) where the offender is a young person, by ordering him to be imprisoned;

(h) by dealing with the case in any other lawful manner.

(Amended by 23 of 1975 s.4) (Cap. 17)

(2) Nothing in this section shall be construed as in any way restricting the power of the court to make any order or combination of orders which it is empowered to make under this or any other written law except that no juvenile shall be ordered to undergo corporal punishment.

Mental treatment

33. If it appears to the court on the evidence of a medical practitioner that a juvenile, although not of unsound mind, may benefit from treatment for his mental condition, the court when making a probation order, may require him to undergo treatment at the hands or under the direction of a medical practitioner for a period not exceeding twelve months as a condition of the probation order and subject to review by the court at any time.

Power of court in respect of fines, etc.

34.-(1) Where a juvenile is found guilty of an offence for the commission of which a fine, compensation or costs may be imposed if the court is of the opinion that the case would be best met by the imposition of a fine, compensation or costs, the court may in any case, and shall, if the offender is a child, order that the fine, compensation or costs imposed or awarded be paid by his parent or guardian instead of by the offender, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the offender.

(2) Where a court thinks that a charge against a juvenile is proved, the court may order his parent or guardian to give security for his good behaviour, with or without proceeding to a finding of guilt in respect of the juvenile.

(3) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(4) Any sums imposed and ordered to be paid by a parent or guardian under this section, or on forfeiture of any security as aforesaid, may be recovered from him by distress and imprisonment in a like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the juvenile was charged.

PART VI-INSTITUTIONS FOR THE CARE, PROTECTION AND
CONTROL OF JUVENILES

Approval of societies and voluntary institutions

35.-(1) The controlling body of any society of persons working for the care, protection or control of juveniles, or of any voluntary institution, may apply to the Minister for the society or voluntary institution to be approved for that purpose, and the Minister, after making such enquiries as he may think fit, may approve the society or voluntary institution for that purpose and may issue a certificate of approval accordingly,

(2) The Minister shall cause to be kept a register of approved societies and approved voluntary institutions.

(3) The Minister shall satisfy himself that every approved society and approved voluntary institution makes adequate provision for the care, protection and control of juveniles committed to its charge, and may for this purpose make such rules as appear to him to be appropriate.

(4) The Director or any welfare officer may at all reasonable hours enter upon any premises used by any approved society for the care, protection and control of any juvenile, or upon any approved voluntary institution, in order to satisfy himself as to the adequacy of such premises or institution, and as to the way in which it is managed and conducted.

(5) Any person who unreasonably refuses to allow the Director or any welfare officer to enter upon any premises used by any institution for the purposes of subsection (4) shall be guilty of an offence and shall be liable to a fine of one hundred dollars or to imprisonment for a period of six months or to both such fine and imprisonment.

(6) If any approved society or approved voluntary institution fails to comply with any rule made by the Minister for the conduct of such societies or institutions or if at any time the Director is dissatisfied with the management, maintenance or conduct of any approved society or institution he shall give written notice to the controlling body of such society or institution and call upon such body to show cause why such society or institution should not be removed from the register of approved societies and approved voluntary institutions. If within three months after such notice has been given the controlling body does not show cause sufficient to satisfy the Director, he may recommend to the Minister that such society or institution shall be removed from the register. Upon such a recommendation, the Minister may revoke his approval in writing and the society or institution shall then be removed from the register.

(7) The controlling body of an approved society or approved voluntary institution may give to the Minister not less than three months notice in writing of its intention to surrender the certificate of approval, and upon the expiration of the notice, unless previously withdrawn, the society or voluntary institution shall cease to be an approved society or an approved voluntary institution and shall be removed from the register.

(8) No juvenile shall be committed or received into the care of an approved society or an approved voluntary institution under the provisions of the this Act after the date of any notice given under subsections (6) and (7), but the obligations of the approved society or approved voluntary institution with respect to juveniles under its care at the date of the notice shall continue until the withdrawal or surrender of the certificate of approval takes effect.

(9) The Minister shall, within one month of the date thereof, cause any grant of a certificate of approval and any revocation or surrender of a certificate of approval to be published in the Gazette.

Establishment of approved institutions

36.-(1) The Minister may by notification in the Gazette, establish approved institutions, not being owned or operated by approved societies or approved voluntary institutions, for the reception, maintenance and training of juveniles who are subject to care orders under the provisions of this Act.

(2) The Minister may make such rules as appear to him to be appropriate for the control and management of approved institutions, not being owned or operated by approved societies or approved voluntary institutions.

PART VII-POWERS AND DUTIES OF THE DIRECTOR AND OF
WELFARE OFFICERS

Duties of Director and welfare officers

37.-(1) The Director and every welfare officer shall perform such duties as may be entrusted to them by this or any other written law.

(2) The Director may authorise a welfare officer to exercise or perform all or any of the powers and duties of the Director under the provisions of this or and other written law.

(3) Any person who obstructs the Director or any welfare officer in the execution of his duties under this or any other written law shall be guilty of an offence and on conviction shall be liable to a fine of two hundred dollars or to imprisonment not exceeding one year or to both such fine and imprisonment.

(4) The Director or any welfare officer may request the assistance of any police officer in the execution of his duties under the provisions of this Act and such police officer shall thereupon afford such assistance. Any person who commits an offence under subsection (3) and obstructs the Director or a welfare officer in the presence of a police officer may be arrested without warrant.

PART VIII-DUTY OF DIRECTOR TO ASSUME CARE OF JUVENILES

Duty to provide for orphans etc.

38.-(1) Without prejudice to the provisions of Part IX where it appears to the Director with respect to any person appearing to be a juvenile-

(a) that he has neither parent nor guardian or has been and remains abandoned by his parent or guardian or is lost; or

(b) that his parent or guardian is for the time being or permanently prevented by reason of mental or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance or upbringing; and

(c) in either case the intervention of the Director under this section is necessary in the best interest and the welfare of the juvenile,

it shall be the duty of the Director to receive the juvenile into care under this section.

(2) Where the Director has received a juvenile into care under this section, it shall, subject to the other provisions of this Act, be his duty to keep the juvenile in care so long as the welfare of the juvenile appears to him to require it and the juvenile has not attained the age of seventeen years.

(3) Nothing in this section shall authorise the Director to keep a juvenile in care under this section if any parent, guardian, relative or friend desires to take over the care of the juvenile and the Director shall, in all cases where it appears to him consistent with the welfare of the juvenile so to do endeavour to secure that the care of the juvenile is taken over by either-

(a) a parent or guardian of his; or

(b) a relative or friend of his.

(4) Where the Director receives a juvenile into care under this section the Director shall, after a period of three months, if the period of care is to be extended, make application for a care order.

(Part inserted by 11 of 1977 s.3)

PART IX-JUVENILES IN NEED OF CARE, PROTECTION OR CONTROL

Presumptions regarding custody, charge and care of juveniles

39.-(1) For the purposes of this Act-

(a) any person who is the parent or legal guardian of a juvenile shall be presumed to have custody of him and, as between mother and father, the father shall not be deemed to have ceased to have the custody of him by reason only that he has deserted, or otherwise does not reside with, the mother and the juvenile;

(b) any person to whose charge a juvenile is committed by a person who has custody of him shall be presumed to have charge of the juvenile;

(c) any other person having actual possession or control of a juvenile shall be presumed to have care of him;

(d) any person employing a juvenile who is not resident with his parent or guardian shall be presumed to have care of him.

(2) For the purposes of subsection (1) the word "father" does not include a putative father.

Definition of "in need of care, protection or control"

40. A juvenile is in need of care, protection or control within the meaning of this Act if-

(a) he has no parent or guardian or has been abandoned by his parent or guardian or is destitute; or

(b) his parent or guardian does not or is unable or unfit to exercise proper care and guardianship and he is either falling into bad association or is exposed to moral or physical danger, or is beyond control; or

(c) the lack of care, protection and guidance is likely to cause him unnecessary suffering or seriously to affect his health or proper development; or

(d) any scheduled offence has been committed in respect of him or in respect of a juvenile who is a member of the same household; or

(e) he is a member of the same household as a person who has been convicted of a scheduled offence in respect of a juvenile; or

(f) the juvenile is a female member of a household a member of which has committed or attempted to commit an offence against sections 175 or 178 of the Penal Code. (Cap. 17)

Application for and making of orders

41.-(1) Any person having reasonable grounds for believing that a juvenile is in need of care, protection or control may make application to a magistrate to have him brought before a juvenile court and it shall be the duty of a welfare officer to bring before a juvenile court any juvenile who appears to be in need of care, protection or control unless he is satisfied that the taking of such proceedings is undesirable in the interests of such juvenile or that proceedings are about to be taken by some other person.

(2) Any welfare officer or police officer may, on behalf of the Director, take into care any juvenile who appears to be in need of care, protection or control and shall-

(a) forthwith notify the Director of such taking into care; and

(b) apply as soon as practicable to a juvenile court for an order under this section.

(3) In considering applications made under this section, the juvenile court shall-

(a) order investigations and medical examinations to be made in respect of the juvenile concerned and for the court to be furnished with reports on such investigations and examinations;

(b) remand the juvenile into the temporary care of the Director until the investigations and examinations are completed; and

(c) hear any objections to the application.

(4) If, after considering the application, the juvenile court is satisfied that any person brought before the court under the provisions of this section is a juvenile in need of care, protection or control, the court may-

(a) order him to be returned to his parent or guardian; or

(b) order his parent or guardian to execute a bond with or without sureties to exercise proper care and guardianship; or

(c) make a care order in respect of the juvenile; or

(d) without making any other order, or in addition to making an order under any of paragraphs (a), (b), or (c), make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer or some other person appointed for the purpose by the court.

(5) The provisions of the Criminal Procedure Code shall apply in relation to a recognizance under paragraph (b) of subsection (4) as they apply to a recognizance to be of good behaviour:

Provided that where a recognizance under such paragraph is adjudged to be forfeited the court may, if it thinks fit, instead of adjudging the person bound thereby to pay the sum for which he is bound, may adjudge him to pay only part of the said sum or may remit payment of the whole.
(Cap. 21)

Power at juvenile court to vary or revoke order

42. Any order made by a juvenile court under subsection (4) of section 41 may be varied or revoked at any time by the court making the order or by any other juvenile court acting for the same area upon the application of any welfare officer or of a parent or guardian of the juvenile.

Power to transfer case from one juvenile court to another

43. When a juvenile court finds a juvenile to be in need of care, protection or control, and the juvenile has his home or usually resides in an area within the jurisdiction of another juvenile court, the court may transfer the case to that other court to be dealt with.

Juveniles beyond control

44.-(1) Where the parent or guardian of a juvenile is unable to control the juvenile he may request the Director to bring the child before a juvenile court as being beyond control. The Director shall then cause the juvenile to be brought before a juvenile court.

(2) Where a juvenile court is satisfied that a juvenile is beyond the control of his parent or guardian, and-

(a) that it is in his interest so to deal with the juvenile; and

(b) that the parent or guardian understands the results which will follow from and consents to the making of the order,

the court may place him under the supervision of a probation officer or some other person appointed by the court, for a period not exceeding three years, or may make a care order in respect of the juvenile.

Proceedings in respect of juveniles in need of care

45.-(1) Any welfare officer or police officer, having obtained an order from a magistrate to that effect, may take to a place of safety any juvenile who is about to be brought before a juvenile court as in need of care, protection or control.

(2) No juvenile may be kept in a place of safety under the provisions of this section for more than fourteen days without a renewal of the order.

(3) Where, under the provisions of this section, a juvenile is taken to a place of safety the person who so takes him shall forthwith send a notice to the juvenile court specifying the grounds upon which the juvenile is to be brought before the court, and shall also send the particulars to the parent or guardian of the juvenile warning him to attend at the court on the date of the hearing.

(4) Where an application is to be made to a juvenile court under the provisions of section 41 and the juvenile in respect of whom the application is made has not been removed to a place of safety, a summons may be issued requiring him to attend before the court.

(5) Where an application has been made to a juvenile court under the provisions of section 41, the person making the application shall forthwith notify a welfare officer of the name and address of the juvenile, the day and the hour when, and the nature of the grounds on which he is to be brought before the court.

(6) A welfare officer having received a notice under the provisions of subsection (5) shall make such investigations as to the home circumstances, health, age, character, and general antecedents of the juvenile as are likely to assist the court.

Warrant to search for and remove juvenile

46.-(1) If it appears to a magistrate on information on oath laid by any person who, in the opinion of the magistrate, is acting in the interests of a juvenile, that there is reasonable cause to suspect-

(a) that the juvenile has been or is being assaulted, ill-treated or neglected in any place within the jurisdiction of the magistrate in a manner likely to cause him unnecessary suffering or injury to health;

(b) that any scheduled offence has been, or is being committed in respect of him; or

(c) that he is otherwise in need of care,

the magistrate may issue a warrant authorising any police officer named therein to search for the juvenile, and, if it appears to such police officer that he has been or is being assaulted, ill-treated or neglected in the manner aforesaid, or that any scheduled offence has been or is being committed in respect of him, or that he is otherwise in need of care, to take him to and detain him in a place of safety until he can be brought before a court.

(2) A magistrate issuing a warrant under the provisions of this section may by the same warrant cause any person accused of any offence in respect of the juvenile to be apprehended and brought before a court, and proceedings to be brought against him according to law.

(3) Any police officer authorised by warrant under the provisions of this section to search for any juvenile, or to remove any juvenile with or without search, may enter (if need be by force) any house, building, or other place specified in the warrant and may remove him therefrom.

(4) Every warrant issued under the provisions of this section shall be addressed to and executed by a police officer, who shall be accompanied by the person laying the information, if that person so desires, unless the magistrate by whom the warrant is issued otherwise directs, and may also, if the magistrate so directs, be accompanied by a medical practitioner.

(5) It shall not be necessary in any information or warrant under this section to name the juvenile.

Power to parent to oppose application

47. Where a juvenile is brought before a juvenile court as being in need of care, protection or control, the court shall allow his parent or guardian or their barrister and solicitor, to be heard on any application made in relation to the juvenile if they so wish:

Provided that where the parent or guardian cannot be found or cannot in the opinion of the court be reasonably required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian.

Interim orders to a place of safety

48. If a juvenile court is not in a position to decide what order, or whether any order, ought to be made in respect of a juvenile, the court may make such interim order as it thinks fit for the detention or continued detention of the juvenile in a place of safety:

Provided that any interim order made under this section shall not remain in force for more than fourteen days, but if at the end of that period the court deems is expedient so to do it may make a further interim order.

PART X-CARE ORDERS

Contents of care order

49.-(1) Every care order shall contain a declaration-

(a) as to the age or apparent age; and

(b) as to the religious persuasion,

of the juvenile with respect to whom it is made.

(2) The court which makes a care order shall cause a record in the prescribed form, embodying all relevant information in the possession of the court, to be prepared and it shall be transmitted by the Director to the person or approved institution in whose care the juvenile is to be placed.

Duration of care order

50.-(1) Every care order shall, subject to the provisions of this Act remain in force until the juvenile attains the age of seventeen years.

(2) Notwithstanding the provisions of subsection (1) if it appears to a juvenile court, on the application of the Director, that by reason of the mental condition or behaviour of a juvenile who is subject to a care order it is in his interest or the public interest that the care order should remain in force after he has attained the age of seventeen years, the court may order that the care order shall continue in force until he attains the age of eighteen years.
(Inserted by 23 of 1975 s. 6)

Powers of Director over juvenile committed to his care

51.-(1) The Director whilst having care of a juvenile in consequence of a care order under this Act shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were the parent of the juvenile, and the juvenile so committed shall continue in his care notwithstanding any claim by a parent or any other person:

Provided that the authority and control of the Director shall not include power-

(a) to give consent to the marriage of the juvenile;

(b) to authorise the juvenile to change his religion; or

(c) to deal with the property of the juvenile.

(2) The Director may, when he is satisfied that it is in the interest of the juvenile, and on such conditions as he may think fit, authorise the temporary absence from Fiji of any juvenile committed to his care.

(3) Nothing in subsection (1) shall be deemed to make the Director personally liable for the maintenance of a juvenile committed to his care.

Powers of the Director to board out juveniles

52. Where a juvenile is subject to a care order under this Act the Director may-

(a) board out the juvenile with a person whom he considers suitable to undertake the care of the juvenile and who is willing to do so;

(b) place the juvenile in any approved institution within Fiji which he considers suitable for the juvenile and the managers of which are willing to undertake his care:

Provided that, in exercising his powers under this section, the Director shall take note of any recommendation made by the court making the care order and of any other person having knowledge of the juvenile.

Director to consider religious persuasion of juvenile in care

53. In executing a care order made by a juvenile court the Director shall endeavour to ascertain the religious persuasion of the juvenile, and in selecting the person or approved institution in whose care the juvenile is to be placed, the Director will if possible select a person or approved institution of the same religious persuasion as the juvenile:

Provided that where it is not possible to select a person or approved institution of the same religious persuasion as the juvenile, he may be placed in the care of a person or approved institution of another religious persuasion, but the provisions of paragraph (b) of subsection (1) of section 51 shall nevertheless apply.

Power to arrange emigration

54. The Minister, in any case where it appears to him to be for the benefit of a juvenile who is subject to a care order under this Act, may give his consent in writing for the Director to arrange for the emigration of the juvenile:

Provided that the Minister shall not empower the Director to make such arrangements unless he is satisfied that the juvenile consents, or, being too young to form or express a proper opinion on the matter, that he is to emigrate in company with or to join a parent, guardian, relative or friend, and also that his parents have been consulted and have agreed or that it is not practicable to consult them.

Application for care order to be varied or revoked

55. A care order under this Act may, upon the application of any person, be varied or revoked by a juvenile court acting for the area or place within which the juvenile is residing, and the court by which such an order is revoked may, upon the application of any person, substitute for that order an order placing the juvenile for a specified period not exceeding three years under the supervision of a probation officer or some other person appointed by the court for that purpose:

Provided that an order made under the provisions of this section placing a juvenile under supervision shall be of no effect after the time at which such juvenile attains the age of seventeen years.

Absconders

56.-(1) Any juvenile who runs away from a person or approved institution to whose care he has been placed or with whom he has been boarded out under the provisions of this Act or who at the expiry of any temporary leave of absence from such person or institution fails to return thereto by the due date, may be apprehended without a warrant and brought back to that person or institution, if willing to receive him.

(2) Any person who knowingly-

(a) assists, or persistently attempts to induce, or does induce, a juvenile who is subject to a care order to run away from a person or approved institution in whose care he has been placed or with whom he has been boarded out; or

(b) induces a juvenile who is temporarily on leave of absence from a person with whom he has been boarded out, or from an approved institution, not to return to that person or institution at the expiry of such leave of absence, or prevents him from returning; or

(c) harbours or conceals a juvenile who has so run away or failed to return upon the expiry of his temporary leave of absence,

shall be liable on conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

PART XI-OFFENCES AGAINST JUVENILES

Cruelty to and neglect of juveniles

57.-(1) If any person who has attained the age of seventeen years and has the custody, charge or care of any juvenile-

(a) wilfully assaults, ill-treats, neglects, abandons or exposes such juvenile, in any manner to cause such juvenile unnecessary suffering or injury to health (including injury to or loss of sight, or hearing or limb or organ of the body, and any mental suffering); or

(b) by any act or omission, knowingly or wilfully causes that juvenile to become, or conduces to his becoming, in need of care, protection or control,

he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment:

Provided that the court, at any time in the course of proceedings for an offence under this subsection, may direct that the person charged shall be charged with and tried for as offence under the Penal Code, if the court is of the opinion that the acts or omissions of the person charged are of a serious or aggravated nature.
(Cap. 17)

(2) For the purposes of this section, a person having custody, charge or care of a juvenile shall be deemed to have neglected him in a manner likely to cause injury to health if he has wilfully failed to provide adequate food, clothing, medical aid or lodging for him.

(3) A person may be convicted of an offence under this section notwithstanding-

(a) that actual suffering or injury to health or the likelihood of actual suffering or injury to health of the juvenile was obviated by the action of another person; or

(b) that actual suffering or injury to health has not occurred; or

(c) that the juvenile in question has died.

(4) Upon the trial of any person who is charged with infanticide or the manslaughter of a juvenile of whom he had the custody, charge or care, it shall be lawful for the court, if it is satisfied that he is guilty of an offence under this section, to find him guilty of that offence.

(5) If it is proved that a person convicted under this section was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the juvenile, and has knowledge that the sum of money was accruing or becoming payable, the court in determining the sentence may take into consideration that the person was so interested and had such knowledge.

(6) For the purpose of subsection (5), a person shall be deemed to be directly or indirectly interested in any property or any sum of money if he has any share in or any benefit from that property or the payment of that money, although the money or property is not legally payable to him.

(7) Nothing in this section shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer reasonable punishment to him.

Causing or allowing children to be used for begging

58.-(1) If any person causes or procures any child or, having the custody or care of such a child, allows him to be in any street, premises or place for the purpose of begging or receiving alms, or inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or other wise) he shall be liable on conviction to a fine not exceeding fifty dollars or imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

(2) If a person having the custody, charge or care of a child is charged with an offence under this section and it is proved that such a child was in any street, premises or place for any such purposes he shall be presumed to have allowed the child to be there unless the contrary is proved.

Giving intoxicating or spirituous liquor to children

59. If any person gives or causes to be given-

(a) to any child under the age of five years, any intoxicating liquor;

(b) without the consent of his parent or guardian to any child over the age of five years, any intoxicating liquor;

(c) to any child, any spirituous liquor except upon the order of a medical practitioner, or in the case of sickness, apprehended sickness or other urgent cause,

he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

Sales of intoxicating liquor to persons under eighteen

60.-(1) Any licensee or his servant who sells or supplies any intoxicating liquor to any person under the age of eighteen years shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred dollars.

(2) Any licensee or his servant or agent of a licensee who permits a person over the age of eighteen months and under the age of eighteen years to enter or remain in the bar of any licensed premises during the permitted hours shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

(3) Any person who sends a person under the age of eighteen years to licensed premises for the purpose of obtaining intoxicating liquor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

(4) Nothing in subsection (2) shall apply to the case of any person under the age of eighteen years who is in any airport refreshment room or other premises constructed, fitted and intended to be used in good faith for any purpose for which the holding of a licence is merely auxiliary.

(5) Any person under the age of eighteen years who drinks liquor in a public place shall be guilty of an offence and on conviction shall be liable to a fine not exceeding one hundred dollars.

(6) In this section-

(a) the expression "bar" in relation to any licensed premises means any open drinking bar or any part of the premises exclusively or mainly used for the sale and consumption of intoxicating liquor;

(b) the expression "licence" means a licence issued under the Liquor Act, or the registration of a club under the Registration of Clubs Act;
(Cap. 192) (Cap. 194)

(c) the expression "licensed premises" means any premises in respect of which a licence to sell intoxicating liquor is in force in accordance with the provisions of the Liquor Act or the Registration of Clubs Act;

(d) the expression "permitted hours" means those hours of the day during which intoxicating liquor may lawfully be supplied in licensed premises.

Taking pawns from juveniles

61. If a pawnbroker takes an article in pawn from any person apparently under the age of fourteen years, whether offered by that person on his own behalf or on behalf of any other person, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

Purchasing scrap metal from juveniles

62.-(1) If a dealer in old metal purchases any old metal from any person apparently under the age of fourteen years, whether offered for sale by that person on his own behalf or on behalf of any other person, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

(2) For the purposes of this section, "old metal" includes scrap metal, broken metal or partly manufactured metal goods and old, used or defaced metal goods and all non-ferrous metals.

PART XII-CUSTODY OF JUVENILES

Application for custody of a juvenile

63.-(1) Where the parent of a juvenile applies to any court for the custody of the juvenile and the court is of the opinion that the parent has abandoned or deserted the juvenile, or has so conducted himself that the court should refuse his right to the custody of the juvenile, the court may in its discretion refuse to award the custody to the parent.

(2) Where the parent of a juvenile has allowed him to be brought up by another person at that person's expense for such a length of time and in such circumstances as to satisfy the court that the parent was unmindful of his parental duties, the court shall not make an order for the delivery of the juvenile to the parent unless the parent has satisfied the court that having regard to all the other circumstances it is more advantageous to the juvenile to make the order.

PART XIII-SUPERVISION OF JUVENILES PLACED WITH STRANGERS

Third-party placements of juveniles

64.-(1) Subject to the provisions of subsection (3), this Part shall have effect where arrangements are made for placing a juvenile in the care and possession of a person who is not a parent, guardian or relative of his, and another person not being a parent or guardian of his, participates in the arrangements.

(2) For the purposes of this Part, a person shall be deemed to participate in the arrangements for placing a juvenile in the care and possession of another person-

(a) if he enters into or makes any agreement or arrangement for facilitating the placing of the juvenile in the care and possession of that other person; or

(b) if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefore if or he causes another to do so.

(3) The provisions of this Part shall not have effect where possession of a juvenile has been, is, or is proposed to be taken-

(a) by any person for a purely temporary purpose;

(b) by a school, hospital, convalescent home or other similar institution;

(c) by an institution to which the juvenile has been committed under the provisions of the Mental Treatment Act;

(d) by a person or an approved institution in whose care the juvenile has been placed under the provisions of this Act;

(e) by a prison to which the juvenile has been committed under the provisions of this Act or any other written law.
(Cap. 113)

Duration

65. The provisions of this Part shall cease to have effect in relation to a particular juvenile-

(a) if an adoption order or an interim order is made in respect of such juvenile upon the making of such an order;

(b) if no such order has been made on the date on which he attains the age of seventeen years.

Notification of taking possession of a juvenile

66.-(1) Not less than fourteen days before possession is taken of a juvenile by virtue of which this Part has effect in relation to the juvenile, every person who participates in the arrangements, not being the parent or guardian of the juvenile, shall give notice in writing to the Director.

(2) The notice required by this section shall state the name, age and sex of the juvenile concerned and the name and address of the person in whose care and possession he has been placed.

(3) Any person who fails to give any notice required by subsection (1) shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one hundred dollars.

Notification of change of residence or of death

67.-(1) Where a person who has in his care and possession a juvenile in relation to whom this Part has effect changes his residence, he shall, not less than seven days before the change or if the change is made in an emergency, not later than seven days after the change, give notice of the change of address, in writing, to the Director.

(2) If a juvenile in relation to whom this Part has effect dies, the person in whose care and possession he was shall within forty-eight hours of the death give notice in writing of the death to the Director.

(3) Any person who fails to give any notice required by the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one hundred dollars.

Removal of juveniles from unsuitable premises or persons

68.-(1) If a juvenile in relation to whom this Part has effect-

(a) is about to be received or is being kept by any per on in any premises which are overcrowded, insanitary or dangerous, or in an environment which is detrimental to the juvenile; or

(b) is in the care and possession of a person who, by reason of old age, infirmity, ill health, ignorance, negligence, nebriety, immorality or criminal conduct, or for any other reason, is unfit to have care of the juvenile,

a court may, on an application made by or on behalf of the Director, make an order for the removal of the juvenile to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.

(2) Upon proof that there is imminent danger to the health or well-being of the juvenile concerned, any magistrate, acting if he deems it necessary, ex parte, may exercise the powers conferred upon a court by subsection (1) upon the application of a welfare officer.

(3) Any order made under the provisions of this section may be enforced by a welfare officer, and any person who refuses to comply with such an order on its being produced to him or who obstructs a welfare officer in the enforcement of such order, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars.

Removal of juvenile in respect of offence

69. Where any person is convicted of an offence under the provisions of this Part, the court may order any juvenile in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.

PART XIV-PLACES OF SAFETY

Establishment of places of safety

70.-(1) The Minister may by notification in the Gazette establish such places of safety as he considers necessary.

(2) The controlling body of any approved society or approved voluntary institution may enter into an agreement for the use of their premises or any part thereof as a place of safety on such terms as may be agreed between them and the Minister.

Supervision of approved places of safety

71. The Director shall be responsible for the supervision of all places of safety and for this purpose shall periodically visit them or cause them to be visited.

PART XV-FINANCIAL PROVISIONS

Contribution order

72.-(1) A court making a care order in respect of a juvenile may also, at the same time or subsequently, make an order (hereinafter called a contribution order) requiring either or both of his parents or any other person liable to maintain him to contribute such sums as the court, having regard to the means of the parent or other person, thinks fit, and any court as aforesaid may from time to time vary or revoke such order.

(2) A juvenile who has attained the age of sixteen years and is engaged in remunerative work shall be liable to make contributions in respect of himself.

(3) A contribution order shall take effect from the date that the juvenile is placed by the Director in the care of a person or of an approved institution, and shall remain in effect for so long as the juvenile is in the care of a person or of an approved institution:

Provided that no contribution shall be payable under a contribution order in respect of any period during which the juvenile does not reside with the person or at the approved institution in whose care he has been placed.

Application for affiliation orders by Director

73.-(1) Notwithstanding the provisions of the Maintenance and Affiliation Act, where an illegitimate child is the subject of a care order and no affiliation order has been made in respect of such child, the Director may make application to a court in the area in which the mother of the child resides for a summons to be served under the provisions of section 16 of that Act as if the Director were the mother of the child:

Provided that no application shall be made after the expiration of two years from the date on which the care order was made.

(2) In any proceedings on an application made under the provisions of subsection (1) the court shall hear such evidence as the Director may produce in addition to the evidence required to be heard by the provisions of the Maintenance and Affiliation Act and shall in all other respects, but subject to the provisions of subsection (3) proceed as on an application made by the mother under the provisions of section 16 of that Act.

(3) An order made under the provisions of section 18 of the Maintenance and Affiliation Act or an application made under the provisions of subsection (1) shall provide that the payments be made to the Director.
(Cap. 52)

Variation of trusts for the maintenance of juveniles

74. Where, under the provisions of this Act, any court makes an order removing a juvenile from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the juvenile, the court may notwithstanding the provisions of any other written law order the whole or any part of the sum so payable under the trust to be paid to any person the court may name, to be applied for the benefit of the juvenile in such manner as having regard to the terms of the trust, the court may decide.

Receipt of moneys by Director

75. Where a court orders that payments be made to the Director under the provisions of sections 73 and 74, the Director shall cause all moneys so paid to be received into a trust account in the name of the juvenile, in accordance with the provisions of section 9 of the Finance (Control and Management) Act, and shall cause to be paid from such trust account to any person or approved institution having the care of the juvenile a reasonable monthly sum for the juvenile's maintenance and training while he is in such care. Any moneys remaining in a juvenile's trust account upon his reaching the age of seventeen years, or upon the revocation of his care order shall be refunded to the person by whom it was paid.
(Cap. 69)

Maintenance of juveniles

76. The maintenance of juveniles detained in places of safety or subject to care orders may, to the extent that funds from other sources are inadequate for the purpose, be defrayed out of such sums as may from time to time be appropriated for the purpose by Parliament and placed at the disposal of the Director:

Provided that such grants in aid shall be subject to such conditions as may be laid down by the Director.
(Cap .69)

PART XVI-GENERAL

Advisory Council

77.-(1) The Minister may appoint an Advisory Council which shall consist of such persons qualified to deal with matters relating to the welfare of children and young persons and other matters relating to social welfare as the Minister thinks fit.

(2) The Minister shall appoint a person to be chairman and a person to be secretary of the Council.

(3) The Council shall when so requested advise the Minister on matters relating to the exercise of his powers and the performance of his duties under this Act, and any other matters relating to social welfare.

(4) The Council may make representations to the Minister on any matters concerning the welfare of juveniles who have been found guilty of offences and juveniles who are in need of care and protection.

Regulations

78. The Minister may make regulations generally for the purposes of carrying out the provisions of this Act.
(Inserted by 4 of 1976 s. 16)

FIRST SCHEDULE
[Section 11(2)]

Offences against juveniles to which special provisions of this Act apply:-

1. The murder or manslaughter of a juvenile.
2. Infanticide.
3. Any offence under the following sections of the Penal Code:-

Section Subject
149 ......... Rape
151 ......... Attempted Rape
152) ......... Abduction
153)
154 ....... Indecent assault
155) ........ Defilement
156)
157) ....... Procuration
158)
159) ....... Procuration
160) ....... H161 ......... Detention with intent or in brothel
162 ......... Selling minors for immoral purposes
163 ......... Buying minors for immoral purposes
171 ......... Conspiracy to defile
172 ......... Attempts to procure abortion
174 ......... Supplying drugs or instruments with intent to procure an abortion
178) ....... Incest
179)
245 ......... Assault causing actual bodily harm
254 ......... Child stealing

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SECOND SCHEDULE
[Section 11(3)]

Offences against juveniles with respect to which special provisions of this Act apply-

Any offence under Parts XVII, XX, XXIII, XXV and XXVI of the Penal Code.
Any other offence involving bodily injury to a juvenile.

Controlled by Ministry of Urban Development, Housing and Social Welfare
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CHAPTER 56

JUVENILES

SECTION 78-BOARDING OUT OF JUVENILE REGULATIONS

Regulations 6th May, 1977

Made by the Minister

Short title

1. These Regulations may be cited as the Boarding Out of Juveniles Regulations.

Interpretation

2. In these Regulations unless the context otherwise requires-

"foster parent" means any person with whom a juvenile is or is proposed to be boarded out and includes any society or voluntary institution approved by the Minister in terms of section 35;

"homemaster" means a member of the staff of the Nasinu Boys Centre and includes a member of the staff of the Girls Home.

Application

3.-(1) These Regulations shall apply to the boarding of a juvenile by the Director with a foster parent to live in his dwelling as a member of the family and the boarding of a juvenile to which these Regulations apply is hereinafter referred to as "boarding out" and "board out" and "boarded out" shall be construed accordingly.

(2) For the purposes of these Regulations a juvenile who is delivered into the care and custody of a person proposing to adopt him under the Adoption of Infants Act shall not be regarded as boarded out.
(Cap. 58)

Duty to terminate boarding out

4.-(1) The Director shall not allow a juvenile to remain boarded out if it appears to him that the boarding out is no longer in the juvenile's best interests.

(2) Where a welfare officer, whose duty it is under these Regulations to supervise the welfare of a juvenile, considers that the conditions under which the juvenile is boarded out endanger his health, safety or morals the juvenile may be removed forthwith from the place at which he is boarded out.

(3) Where a juvenile is boarded out in an area other than the one in which he usually resides the welfare officer responsible for the area in which the juvenile is to be boarded out shall be notified forthwith and he shall perform supervisory duties in respect of the juvenile.

Medical examination

5. The Director shall arrange for a juvenile to be medically examined by a medical practitioner, registered in terms of the Medical and Dental Practitioners Act, before such juvenile is boarded out, and a report or that medical examination shall be placed on the juvenile's record at the Department of Social Development and Welfare.
(Cap. 255)

Reports

6.-(1) The Welfare Officer shall submit a report to the Director at intervals of not more than three months on each boarded-out juvenile under his supervision.

(2) The report submitted in terms of paragraph (1) shall state the health, welfare, progress and conduct of the juvenile to which it refers.

(3) The Director shall at intervals of not more than six months review the position of each juvenile boarded out and consider whether the boarding out in each case shall continue or be terminated.

Register

7.-(1) The Director shall maintain a register of all juveniles boarded out.

(2) The register maintained in terms of paragraph (1) shall contain the following information:-

(a) The name, sex, date of birth and religious persuasion of each juvenile; and

(b) The name and address of the foster parent with whom the juvenile is boarded out.

Suitability of foster parent

8.-(1) No juvenile shall be boarded out unless the Director is satisfied that, in all the circumstances, the foster parent with whom the juvenile is to be boarded out is suitable.

(2) For the purposes of paragraph (1), the Director shall consider:-

(a) the reputation, religious persuasion, age, character and health of the foster parent;

(b) the domestic facilities present in the dwelling of the foster parent in which the juvenile will reside;

(c) the physical and mental health of the members of the household of the foster parent;

(d) the criminal record (if any) of the foster parent and other members of his household;

(e) the number, sex and ages of the members of the household of the foster parent;

(f) the history of the juvenile; and

(g) any other matter appearing to the Director to be relevant.

Undertaking to be given

9.-(1) A foster parent with whom any juvenile is boarded out shall be required to give an undertaking in respect of the juvenile to the Director.

(2) The undertaking shall be in the form specified by the Minister.

Visits to juvenile

10. A welfare officer or homemaster shall visit the juvenile at his place of boarding out:-

(a) within the month from the date of the commencement of the boarding out;

(b) upon the receipt of any complaint by or concerning the juvenile;

(c) two weeks before the termination of the period of boarding out; and

(d) at any other time he is required by the Director to do so.

SECTION 36-APPROVED INSTITUTIONS
(NASINU BOYS CENTRE AND
GIRLS HOME) RULES

Made by the Minister

Short title

1. These Rules may be cited as the Approved Institutions (Nasinu Boys Centre and Girls Home) Rules.

Interpretation

2. In these Rules unless the context otherwise requires-

"Centre" means the place of detention known as the Nasinu Boys Centre and includes the Girls Home;

"Headmaster" means the headmaster of the Nasinu Boys Centre and includes the Sister in Charge of the Girls Home.

Duties and responsibilities of headmaster

3.-(1) The Headmaster shall:-

(a) be responsible to the Director for the efficient conduct of the Centre;

(b) reside at the Centre and shall not absent himself therefrom except in the normal course of his duties or without the permission of the Director, and when proceeding outside the Centre he shall inform the next senior officer available who will thereupon assume charge of the Centre until the Headmaster returns;

(c) see that no unauthorised persons shall live at the Centre;

(d) ensure that no member of the Centre staff shall absent himself from the Centre during hours of duty without leave;

(e) ensure that no liquor is introduced to the Centre without his authority; and

(f) ensure that every complaint by a juvenile is investigated fairly.

Records

(2) (a) The Headmaster shall keep the following books and documents:-

(i) a register of admissions and discharges in which shall be recorded all admissions, care orders, revocations of care orders, recalls and discharges;

(ii) a log book in which shall be recorded every event of importance within the Centre;

(iii) a daily register of the presence of each juvenile;

(iv) a sick register in which shall be recorded every sickness suffered by a juvenile;

(v) a punishment book for the purposes of rule 19;

(vi) a weight book for the purposes of rule 13;

(vii) a Withheld Letters Register for the purposes of rule 13(5); and

(viii) a register known as a Contributions Register for the purposes of rule 15(2).

(b) The log book, weight book and punishment book shall be laid before the Director at any time when the Headmaster is called upon to do so.

(c) The Headmaster shall arrange for the keeping of such other registers and records as may be required by the Director and shall cause to be sent to him such returns, statements and other information as may be directed from time to time.

Supervision of staff

4. The Headmaster shall:-

(a) determine the duties of the members of the staff which duties may include duties connected with the supervision of the juveniles and their recreation, after-care, education and training and a list of such duties shall be made available to every member of the staff; and

(b) exercise strict supervision over the staff of the school and report to the Director any breach of conduct or discipline by any member of the staff.

5. As soon as practicable after the admission of a juvenile the Headmaster shall notify the juvenile's parent or guardian of his whereabouts if such parent or guardian can be traced.

Illness, etc. of juvenile

6. The Headmaster shall-

(a) report at once to the Director any case of a juvenile absconding from the Centre or of a juvenile committing a serious offence in the Centre;

(b) report at once to the Director any case of death, serious illness, infectious disease or accident occurring to a juvenile;

(c) without delay inform the medical officer of any juvenile whose state of mind or body appears to him to require medical attention and shall be responsible for carrying out any instructions or directions which the medical officer may give in this regard;

(d) ensure that any juvenile who has been removed to a hospital for treatment is visited at least once a week by a member of the Centre staff;

(e) be responsible for the safe custody of all moneys and articles taken from juveniles;

(f) be responsible for the safe custody of all care orders and other documents relating to juveniles; and

(g) ensure that where a juvenile goes on leave from the Centre appropriate arrangements are made for his supervision during the leave period.

Accommodation

7.-(1) The number of juveniles accommodated at the centre at any time shall not exceed such number as may be fixed by the Director.

(2) Each juvenile shall be provided with a separate bed and bedding adequate for warmth and health and shall be supplied with suitable clothing.

Diet

8. A juvenile shall be supplied with sufficient and varied food based on a dietary scale approved by the Headmaster after consultation with the Permanent Secretary for Health or his representative.

Weighing of juveniles

9.-(1) Every juvenile shall be weighed upon admission to the Centre and once in every month thereafter.

(2) The Headmaster shall cause the weight of every juvenile at each such weighing to be recorded in the weight book.

(3) The Director shall, once every month, inspect the record of weights entered in the weight book.

Daily routine

10.-(1) The daily routine of the Centre (including hours of rising, school room instruction, practical training, domestic work, meals, recreation and retiring) shall be in accordance with a scheme approved by the Director.

(2) A copy of the daily routine shall be kept posted in a conspicuous place at the Centre.

Education and training

11.-(1) Academic education and practical training shall, in so far as is practicable, be afforded to all juveniles according to their age, aptitude and capability.

(2) The syllabus and schoolroom time table shall be subject to the approval of the Director and the Permanent Secretary for Education or his representative.

(3) All juveniles shall be given practical training in accordance with a scheme approved from time to time by the Director, and any substantial deviation from the scheme shall be recorded in the log book.

(4) The attendance of juveniles in the school room and at all periods of practical training shall be recorded in the manner prescribed by the Headmaster.

Religious instruction

12. Arrangements shall, in so far as is practicable, .be made for every juvenile to receive religious assistance and instruction in accordance with the religious persuasion to which he belongs and such instruction shall be suited to the age and mental capacity of the juvenile.

Recreation, letters visits, etc.

13.-(1) Adequate provision shall be made for free time, recreation, organized games, walks and visits outside the Centre.

(2) Juveniles shall be encouraged to write to their parent or guardian at least once a month and for this purpose postage stamps shall be provided, if necessary, by the Headmaster.

(3) Juveniles shall be allowed to receive letters from their parents, relatives and friends and, at such intervals as the Headmaster may determine, to be visited by them.

(4) Every letter or document written in the Centre by or on behalf of a juvenile shall be delivered to the Headmaster who shall, before the letter or document is removed from the Centre, clearly endorse thereon that its removal from the Centre is authorised.

(5) The Headmaster may withhold any letter or document if, in his opinion, the contents are objectionable.

(6) When it is found necessary to withhold any outgoing letter from a juvenile by reason of objectionable matter therein the juvenile shall be given an opportunity of re-writing it omitting the objectionable matter.

(7) An inward letter addressed to a juvenile containing matter which is considered objectionable may, in the discretion of the Headmaster, be returned to the writer with an intimation that the letter may be resubmitted with the objectionable matter omitted.

(8) The Headmaster shall keep a register, to be known as the Withheld Letters Register, in which he shall record any action taken regarding the withholding or the return of any letter.

(9) No person shall visit the Centre for the purposes of research or study without the approval in writing of the Director.

(10) Home leave shall be granted to each juvenile at least once every year unless the Headmaster, bearing in mind all the circumstances, orders otherwise, but the total period of home leave granted to any juvenile in any one year shall not exceed thirty days without the approval of the Director.

(11) Any person in whose custody any juvenile spends any period of leave referred to in paragraph (10) shall adequately supervise the juvenile during, and return the juvenile to the Centre at the conclusion of, the period of leave and shall give an undertaking to that effect in a form prescribed by the Director.

(12) The Headmaster may suspend any of the facilities and privileges set out in this section if he is satisfied that they may interfere with the discipline of the Centre and any such suspension shall be recorded in the log book.

Pocket money

14. Juveniles shall be given such pocket money as may be approved by the Director.

Contribution Order

15.-(1) The Headmaster shall accept any remittance in terms of any Contribution Order made under section 72 of the Act and record the contribution in a Contribution Register.

(2) Any contribution received in terms of paragraph (1) shall be applied to the maintenance of the juvenile on whose behalf the contribution was made.

Discipline and punishment

16.-(1) The discipline of the Centre shall be maintained by the personal influence of the Headmaster and the staff and shall, in so far as is practicable, be promoted by a system of rewards and privileges subject to the approval of the Director.

(2) When punishment is necessary for the maintenance of discipline, one of the following methods shall be adopted:-

(a) forfeiture of rewards or privileges, temporary loss of recreation or imposition of extra tasks in accordance with regulation 17.

(b) separation from other juveniles:

Provided that this punishment shall only be used in exceptional cases and subject to the following conditions:-

(i) no juvenile under the age of 12 shall be kept in separation;

(ii) the room used for the purpose shall be light and airy and kept lighted after dark;

(iii) some form of occupation shall be given;

(iv) means of communication with a member of staff shall be provided; and

(v) if the separation is to be continued for longer than 24 hours the written consent of the Director shall be obtained.

(3) The Headmaster shall be responsible for the immediate recording of a punishment awarded in the punishment book.

Employment

17. Juveniles may be employed in performing such tasks as the Headmaster may from time to time prescribe having regard to their need for education, instruction, recreation and leisure, but juveniles under the age of twelve shall not be employed except on light work.

After care

18.-(1) The Headmaster shall see that every effort is made to obtain suitable employment for a juvenile who is fit for boarding out in terms of section 52 of the Act and, for this purpose, shall avail himself where necessary of any help that can be obtained whether from public organisations or private individuals.

(2) Where a juvenile who is fit for boarding-out is too young for regular employment or, in any case, is a person likely to benefit from continued attendance at school, the Headmaster shall make every endeavour to see that the parent or guardian of the juvenile is able to secure admission to a school at which he can ensure the regular attendance of the juvenile.

(3) The Headmaster shall provide every juvenile, on leaving, with essential articles of clothing free of charge and, if necessary, a reasonable sum for travelling and subsistence for the period of the journey.

(4) If the juvenile is returning to the care of his parent or guardian the Headmaster shall communicate with the parent or guardian beforehand and make adequate arrangements for his transportation and reception.

Service of summons etc. on juveniles

19. Any public officer with a valid summons, warrant, order or other legal document to be served on a juvenile shall be admitted to the Centre at any reasonable time for that purpose.

Interview by police

20. Any police officer may, on production of an order in writing from a Police Officer of or above the rank of Inspector, interview any juvenile who is subject to these Regulations in the sight and hearing of the Headmaster or his representative.

Inspection

21. The Centre shall be open at all times to inspection by or on behalf of the Director and any person inspecting the Centre in terms of this regulation shall be given all facilities for the examination of the books and records of the Centre.

Controlled by Ministry of Urban Development, Housing and Social Welfare.

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