22.     Establishment of juvenile courts

            (1) A magistrate's court or a customary court sitting for the purpose of-

     (a)     hearing a charge against a juvenile; or

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

is in this Act referred to as a juvenile court.

            (2) A juvenile court shall not have jurisdiction to hear and determine any charge against any person other than those persons who are between the ages of seven years and 18 years.

            (3) Where a child or juvenile is charged jointly with a person who is aged 18 years or over, the child or juvenile shall be given a separate trial from the other accused person.

23.     Officers of juvenile court

            (1) The Chief Justice may from time to time assign a magistrate to preside over a juvenile court.

            (2) The Director of Public Prosecutions shall assign to a juvenile court an officer, (in this Act to be known as a "juvenile court assistant"), who, at any proceedings of a juvenile court, shall-

     (a)     adduce any available evidence relevant to the proceedings; and

     (b)     generally assist the court in performing its functions under this Act.

            (3) A probation officer shall be present at any sitting of a juvenile court.

            (4) There shall be attached to every juvenile court a clerk of the court, appointed in accordance with the provisions of section 26, who shall perform the same functions as those of a clerk of a magistrate's court.

24.     Sitting of juvenile court

            (1) A juvenile court shall be held informally and shall sit in a room other than that in which any other court ordinarily sits.

            (2) No person shall be present at any sitting of a juvenile court except-

     (a)     officers and members of the court;

     (b)     the juvenile concerned and his parents or guardian;

     (c)     the social welfare officer concerned in the case; and

     (d)     such other persons as the court may specially authorize to be present.

25.     Prohibition of publication

            (1) No person shall publish the name or address of any person before a juvenile court, or the name or address of any school which that person is or has been attending, or any photograph of that person, or any matter likely to lead to the identification of that person, except with the written permission of the court or insofar as is required by the provisions of this Act.

            (2) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable on conviction thereof to a fine not exceeding P100 or to a term of imprisonment not exceeding three months, or to both.

26.     Application of Magistrates' Courts Act and rules

            Except as is provided in this Act or any other law, the provisions of the Magistrates' Courts Act and the rules made thereunder in relation to-

     (a)     the appointment and functions of officers;

     (b)     the issue and service of process;

     (c)     the conduct of proceedings;

     (d)     the execution of judgments; and

     (e)     the imposition of penalties for non-compliance with an order of the court or an obstruction of execution of any judgment, or contempt of court,

shall apply in like manner to a juvenile court.

27.     Institution of proceedings against a child or juvenile

            (1) Any person having a reasonable cause to believe that an offence has been committed by a child or a juvenile may make a complaint thereof to the commissioner in the district in which the offence was alleged to have been committed.

            (2) If, on receipt of a complaint, the commissioner is satisfied that prima facie an offence has been committed, he shall cause a probation officer to enquire into and report to him on the general conduct, home environment, school records and medical history (if any) of the child or juvenile.

            (3) After consideration of the report submitted under subsection (2) the commissioner may-

     (a)     deal with the child or juvenile in accordance with the provisions of section 17; or

     (b)     commit the child or juvenile to a juvenile court for trial.

28.     Manner of dealing with child or juvenile charged with offence

            Where a child or juvenile charged with an offence is tried by a juvenile court and the court is satisfied of his guilt the court may, after taking into consideration the general conduct, home environment, school records and medical history (if any) of such child or juvenile, dispose of the case by-

     (a)     dismissing the charge;

     (b)     discharging the offender on his entering into a recognizance;

     (c)     placing the offender on probation for a period of not less than six months or more than three years;

     (d)     sending the offender to a school of industries for a period not exceeding three years or until he attains the age of 21 years; or

     (e)     ordering the parent or guardian of the offender to pay a fine, damages or costs.

29.     Court to explain order for probation to offender

            (1) Before making an order for probation under section 28, the court shall explain to the offender in ordinary language the effect of the order and that if he fails to comply therewith or commits another offence while on probation he will be liable to be sentenced for the original offence as well as any other penalty which the court may consider fit to impose.

            (2) Where an order for probation is made by a juvenile court under section 27 the court shall forthwith give a copy of the order to the probation officer assigned to the court and shall also give a copy to-

     (a)     the offender;

     (b)     the probation officer responsible for the supervision of the offender; and

     (c)     the person in charge of any institution in which the offender may be required by the order to reside.

30.     Discharge, etc., of order for probation

            A juvenile court which has made an order for probation may, upon application made to it by the offender or by the probation officer, either vary the order or cancel it.

31.     Appeals and review

            Any child or juvenile or his parents or guardian dissatisfied with any decision or order of a juvenile court may appeal or make an application for a review to the High Court against such decision or order, in accordance with the provisions of any law in force for the time being regulating appeals or applications for review to the High Court from a magistrate's court.

32.     Appointment of probation officers

            (1) The Minister shall appoint such persons as may be considered necessary who are qualified by experience in matters relating to social welfare and of good character to be probation officers.

            (2) The functions of probation officers shall be-

     (a)     to enquire into and report to a juvenile court upon-

           (i)       the general conduct, home environment and the character of a child or juvenile on trial before that court; and

          (ii)       the cause and circumstances contributing to the delinquency of the child or juvenile;

     (b)     to devise and carry out any measures for the observation and correction of tendencies to delinquency in children or juveniles, and for the discovery and removal of any conditions causing or contributing to juvenile delinquency;

     (c)     to supervise or control any child, juvenile or other person convicted of an offence and placed under the supervision of a probation officer; and

     (d)     to perform such other duties as may be conferred on them under this Act or regulations made thereunder.

            (3) A probation officer shall be an officer of a children's or juvenile court and such other court as may be prescribed.

33.     Appointment of probation committee

            The Minister may appoint a probation committee consisting of such number of persons as he may consider desirable, chosen by reason of their experience and character, who shall review the work of probation officers and perform such other functions in connection with probation as may be prescribed.