CAP. 141
Children
(ii)
(iii)
(iv)
[Rev. 2012]
the Chief Justice may, by notice in the Gazette, appoint a
magistrate to preside over cases involving children in respect
of any area of the country;
where in the course of any proceedings in a Children’s Court
it appears to the court that the person charged, or to whom
the proceedings relate, is over eighteen years of age, or where
in the course of any proceedings in any court other than a
Children’s Court it appears to the court that the person charged
or to whom the proceedings relate, is under eighteen years of
age, nothing in this section shall prevent the court, if it thinks
fit, from proceeding with the hearing and determination of the
case;
where any conviction or sentence made or passed by a court
other than a Children’s Court is appealed against or is brought
before the High Court for confirmation or revision and it appears
that the person convicted was at the time of the commission of
the offence under eighteen years of age, the High Court shall
have power to substitute for the conviction a finding of guilty in
accordance with section 196 and substitute for the sentence an
order under section 125(2) of this Act.
74. Sitting of Children’s Court
A Children’s Court shall sit in a different building or room, or at different times,
from those in which sittings of courts other than Children’s Courts are held, and no
person shall be present at any sitting of a Children’s Court except—
(a) members and officers of the court;
(b) parties to the case before the court, their advocates and witnesses
and other persons directly concerned in the case;
(c) parents or guardians of any child brought before the court;
(d) bona fide registered representatives of newspapers or news
agencies;
(e) such other persons as the court may specially authorise to be present.
75. Power to clear court
Where in any proceedings in relation to an offence against or by a child, or any
conduct contrary to decency or morality, a person who, in the opinion of the court,
is under eighteen years of age is called as a witness, the court may direct that all
or any persons, not being members or officers of the court, or parties to the case
or their advocates, shall be excluded from the court.
76. General principles with regard to proceedings in Children’s Court
(1) Subject to section 4 where a court is considering whether or not to make
one or more orders under this Act with respect to a child it shall not make the order
or any other orders unless it considers that doing so would be more beneficial to
the welfare of the child than making no order at all.
[Issue 1]
C15 - 36
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