Section 4: Assignment of matters to Juvenile Court

4. Assignment of matters to Juvenile Court (1) Subject to subsection (2), no charge against a juvenile and no application the hearing of which is under this Act assigned to Juvenile Courts shall be heard by a Court which is not a Juvenile Court. (2) Notwithstanding subsection (1)— (a) the offences listed in section 3 (4) shall not be tried before a Juvenile Court; (b) a charge made jointly against a juvenile and a person who has attained the age of 18 shall be heard by a Court other than a Juvenile Court; [Issue 1] J6 – 2 Revised Laws of Mauritius (c) where a juvenile is charged with an offence, the charge may be heard by a Court which is not a Juvenile Court if a person who has attained the age of 18 is charged at the same time with aiding, abetting, causing, procuring or permitting that offence; (d) where, in the course of any proceedings before a Court of summary jurisdiction, other than a Juvenile Court, it appears that the person to whom the proceedings relate is a juvenile, the Court may, if it thinks fit, proceed with the hearing and determination of those proceedings. (3) No direction, whether in this Act or any other enactment, 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. [S. 4 amended by Act 48 of 1991; Act 15 of 1998.]