Section 38: Punishment of minor

38. Punishment of minor (1) Subject to sections 42 and 43, the officer in charge of a Rehabilitation Youth Centre may punish a minor found after due inquiry by him to be guilty of a Rehabilitation Youth Centre default by ordering that the detainee shall— (a) be deprived of either or both of— (i) the privilege of playing games; (ii) the privilege of pocket money; (b) suffer loss of grade for a period not exceeding one month; (c) be confined in a separate room for a period not exceeding 3 days; or (d) suffer a combination of any of the punishments specified in paragraphs (a) to (c). (2) Where the officer in charge is of the opinion that in the circumstances of the case the powers of punishment he possesses are inadequate, he shall refer the case to the Commissioner. (3) Where the officer in charge refers a case to the Commissioner under subsection (2), he shall forward to the latter— (a) a copy of the charge; (b) the record of all the evidence given in the case; (c) the reasons why he has found the detainee guilty; and (d) any representation the minor wishes to make to the Commissioner in regard to punishment. (4) Subject to section 43, the Commissioner may punish a minor found after due inquiry by him to be guilty of a Rehabilitation Youth Centre default by ordering— (a) any punishment authorised under subsection (1); (b) confinement in a separate room for a period not exceeding 14 days; or (c) loss of grade for a period not exceeding 3 months; or (d) a combination of any of the punishments specified in paragraphs (a) to (c). [S. 38 amended by Act 15 of 1998.] [Issue 1] R10 – 16 Revised Laws of Mauritius