Section 3: Constitution of Juvenile Court
consolidated text (as at 1998). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Constitution of Juvenile Court
(1) District Courts sitting for the purpose of hearing any charge against a
juvenile or of exercising any other jurisdiction conferred on Juvenile Courts
by or under this Act or any other enactment shall be known as Juvenile
Courts.
(2) (a) The President may, by Proclamation, specify the places in which
Juvenile Courts are to sit.
(b) Notwithstanding the Courts Act, the President may, specify
places other than District Courts.
(3) Every Juvenile Court shall be held by and before a Magistrate exercising jurisdiction as such in the district where the Juvenile Court is required by
Proclamation of the President to sit.
(4) (a) Notwithstanding any other enactment but subject to paragraph (b), every Magistrate sitting in the Juvenile Court and before whom
any juvenile is charged with having committed an offence, other than an offence under sections 50 to 76, 216 to 223, 228 (3) and 229 of the Criminal
Code shall have power and jurisdiction, in whatever district the offence has
been committed, and whatever may be the minimum punishment imposed by
law with respect to the offence so charged, to hear, try and determine the
charge and all questions of fact and law arising in the case and to convict
the juvenile and, on conviction, to impose on him any penalties not exceeding the maximum penalties applicable to the offence of which the juvenile is
convicted.
(b) No Magistrate shall inflict on any young person imprisonment
with or without hard labour for more than one year or any fine exceeding
1,000 rupees.
(5) Subject to this Act, the Courts Act and the District and Intermediate
Courts (Criminal Jurisdiction) Act shall apply to Juvenile Courts and all the
powers given to or duties imposed upon a Magistrate exercising criminal jurisdiction in a District Court are hereby given to and imposed upon a Magistrate sitting in a Juvenile Court.
[S. 3 amended by Act 48 of 1991.]
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Questions this section answers
- Which court hears a criminal charge against a child under 18?
- What is the most a Magistrate can sentence a young person to in a Juvenile Court?