Section 11: Proceedings

11. Proceedings (1) Where a juvenile is brought before a Juvenile Court for an offence, the Court shall as soon as possible explain to him in simple language the substance of the alleged offence. (2) Where a juvenile under the age of 14 is brought before a Juvenile Court for an offence, other than an offence specified in section 3 (4), the case shall finally be disposed of in such Court, and it shall not be necessary to ask the parent or guardian whether he consents to the juvenile under the age of 14 being dealt with in the Juvenile Court. (3) Where a young person is brought before a Juvenile Court for an offence, other than an offence specified in section 3 (4), but which is not J6 – 5 [Issue 1] Juvenile Offenders Act within the summary jurisdiction of a District Court, and the Court becomes satisfied during the hearing of the case that it is expedient to deal with it summarily, the Court shall put to the young person the following or a similar question, telling him that he may consult his parent or guardian before replying— “Do you wish to be tried by this Court or by a jury or the Intermediate Court (as the case may be)?” and the Court shall explain to the young person and to his parent or guardian the meaning of being so tried and the place where the trial would be held. (4) (a) After explaining the substance of the alleged offence, the Court shall ask the juvenile, except in cases where the young person does not wish to be tried in the Juvenile Court, whether he admits the offence. (b) Where the young person elects to be tried by a Court, other than a Juvenile Court, the case shall be remitted by the Juvenile Court to the competent Court, and where any case is so remitted, that Court shall deal with the young person in any way in which it might have dealt with him if he had originally been brought for trial before that Court. (5) (a) Where the juvenile does not admit the offence, the Juvenile Court shall then hear the evidence of the witnesses in support. (b) At the close of the evidence in chief of each witness, the Court shall ask the juvenile and the parent or guardian if present, whether he wishes to put any questions to the witness. (c) Where the juvenile, instead of asking questions, wishes to make a statement, he shall be allowed to do so. (d) The Court shall put to the witnesses such questions as appear to be necessary. (e) The Court may put to the juvenile such questions as may be necessary to explain anything in the statement of the juvenile. (6) Where it appears to the Court that a prima facie case is made out, the evidence of any witnesses for the defence shall be heard, and the juvenile shall be allowed to give evidence or to make a statement. (7) (a) Where the juvenile admits the offence or the Court is satisfied that it is proved, the Court shall convict him of the offence and ask him if he desires to say anything in mitigation of the penalty or otherwise. (b) Before deciding how to deal with him the Court shall obtain such information as to his general conduct, home surroundings, school record and medical history, as may enable the Court to deal with the case in his best interests and may put to him any question arising out of that information. (c) For the purpose of obtaining such information or for special medical examination or observation, the Court may remand the juvenile on bail or to a place of detention. (8) (a) Where the Court convicts the juvenile of the offence, and the Court decides that a remand is nec nformation as to his general conduct, home surroundings, school record and medical history, as may enable the Court to deal with the case in his best interests and may put to him any question arising out of that information. (c) For the purpose of obtaining such information or for special medical examination or observation, the Court may remand the juvenile on bail or to a place of detention. (8) (a) Where the Court convicts the juvenile of the offence, and the Court decides that a remand is necessary for purposes of inquiry or observation, the [Issue 1] J6 – 6 Revised Laws of Mauritius Court may make an entry in the record of the case that the juvenile has been convicted and remanded. (b) The Court before which a juvenile so remanded is subsequently brought may make any order in respect of the juvenile which could have been made by the Court which remanded the juvenile. (9) No prosecution shall be instituted against a minor except on an information filed with the consent of the Director of Public Prosecutions. [S. 11 amended by Act 15 of 1998.]