Children and Young Persons Act

“approved home” means any home or institution or part thereof, for the reception, education and vocational training of children or young persons appointed or established under the provisions and for the purposes of this Act;

“approved school” means any school or institution, or part thereof, for the reception, education and vocational training of children or young persons appointed or established under the provisions and for the purposes of this Act;

“Director” means the Director of Social Welfare and includes the Assistant Director of Social Welfare and such other persons as the President may, by notification in the Gazette, declare to be vested with all or any of the powers conferred and the duties imposed upon the Director by this Act or by any rules made thereunder;

“juvenile” means a male or female person who, in the opinion of any court, is 7 years of age or upwards and under the age of 16 years;

“manager” includes a director, manager and superintendent or other person having the management or control of any approved school or approved home or remand home;

“place of detention” means a place provided or appointed by the Minister as a place of detention under section 67;

“remand home” means any home or institution, or part thereof appointed by the Minister to be a remand home for the detention of juveniles sent there under the provisions of this Act;

“visitor” means a person appointed to be a member of a board of visitors under section 84;

“vocational training” means actual employment in agriculture or training in some branch of useful industry;

“youthful offender” means a male or female person who, in the absence of legal proof to the contrary, is, in the opinion of any court, 7 years of age or upwards and under the age of 16 years.

The manager of an appointed approved school or approved home may make rules not repugnant to this Act for the regulation and management of the institution under his charge.

No such rules shall be enforced until they have been approved by the Minister.

Rules so approved shall not be altered without the like approval.

The manager of any appointed approved school or approved home may, upon giving 6 months’ previous notice, and the executors and administrators of a deceased manager may, upon giving one month’s previous notice in writing of his or their intention to do so, apply for the cancellation of the certificate given to the school or home.

At the expiration of 6 months or one month, as the case may be, from the date of the notice, unless in the meantime the notice has been withdrawn, the certificate shall be deemed to be cancelled, and notification of such cancellation shall be published in the Gazette.

The Minister may, by order to be published in the Gazette, establish such approved schools and approved homes as may be necessary for the purposes of this Act.

Every such order shall specify the premises in which the approved school or approved home to which it refers is to be established and shall state whether the same is to be used for male or female persons, or both.

The Minister may, by notification in the Gazette, appoint such persons as he may think fit to be members of a board of visitors in respect of any approved school or approved home for such period as may be specified in the notification.

Every person appointed under subsection (1) may enter at all reasonable times any approved school or approved home, and may make such inquiries or examination therein as to him appear necessary, and shall also make such reports as may be required by the Minister.

Any manager who refuses admittance to any such visitor or to any Judge of the Supreme Court, or to any member of the Cabinet or of Parliament, or to any Magistrate, or to the Director or any officer deputed by him for the purpose, or offers any hindrance or obstruction to those persons after their identity is reasonably established, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

In the case of the serious illness of any child or young person who is detained in an approved school or approved home or is committed to the care and custody of any society or institution under the provisions of this Act, in which there is no suitable accommodation for the child or young person, any manager or person having control of the place where the child or young person is detained may, on the certificate of a medical officer, make an order for his removal to a Government hospital.

Where any child or young person detained in any of the places mentioned in subsection (1) appears to the Minister on the certificate of a registered medical practitioner to be suffering from leprosy, the Minister may, by order in writing, direct his removal to any hospital or place specified by the Director of Medical Services under section 8(2) of the Infectious Diseases Act [Cap. 137], there to be kept and treated until cured of his leprosy.

So long as any child or young person who has been removed to any such hospital or place under subsections (1) and (2) remains therein, the medical officer thereof shall, at the end of every month, transmit to the manager or person having control of the hospital or place where the child or young person was detained a certificate signed by him that it is in his opinion necessary that he should remain in the hospital or place.

In this section, “Government hospital” includes any hospital which the Minister, by notification in the Gazette, may declare to be a hospital for the purposes of this section.

The manager of any approved school or approved home shall review all cases of children or young persons when they have been detained for 12 months, and may, after such review, recommend to the Director that any child or young person shall be released on conditional parole licence.

The Director, on the advice of the Parole Board mentioned in subsection (3) and notwithstanding any order made by any court, shall have power to order the release on parole licence of any child or young person who has been detained in an approved school or an approved home for 12 months, at any time before the completion of his full period of detention and on such conditions as may be stated by him in the order.

The Minister shall appoint a Parole Board not exceeding 12 persons in number, which shall advise and make recommendations to the Director on such cases as may be referred to it by him. Members of the Parole Board shall hold office for such period as may be stated in their notice of appointment, which shall be published in the Gazette.

Any child or young person released from an approved school or an approved home on conditional parole licence by order of the Director, who breaks the conditions of his parole licence, shall be brought before the Director, who shall have power to order the return of the child or young person to the approved school or approved home from which he was released, to be detained there for the unexpired portion of his original period of detention, except where the child or young person concerned, by reason of any act or omission committed while on licence, renders himself liable to prosecution for any offence, in which case he shall be brought before a Juvenile Court.

Any person committed to the care or custody of any approved school or approved home who —

Where a person who has been committed to any approved school or approved home proves himself, in the opinion of the manager of such school or home, to be of so unruly or depraved a character as to render his detention in the approved school or approved home undesirable, the manager may make a report of the circumstances of the case in writing to the Director.

On receipt of such report, the Director may order that that person be brought before a Juvenile Court, and the Court may, if it thinks fit, deal with that person under section 59.

“child” means —

“Commissioner” means the Commissioner for Labour, and includes a Deputy Commissioner for Labour, an Assistant or Principal Assistant Commissioner for Labour, and such other persons as the President may, by notification in the Gazette, declare to be vested with all or any of the powers conferred and the duties imposed upon the Commissioner by this Act or by any rules made thereunder;

“employ” and “employment” used in reference to a child or young person means employment in any labour exercised by way of a trade or for the purposes of gain whether the gain is to the child or to any other person;

“entertainment” includes an exhibition or performance, but does not include any entertainment given by the pupils of any registered school at or under the auspices of that school; and a person is deemed to take part in an entertainment when the person is employed in or in connection with such entertainment whether as a performer, stagehand, musician or otherwise howsoever;

“guardian”, in relation to a child or young person, includes any person who in the opinion of the court having cognizance of any case in relation to the child, or in which the child is concerned, has for the time being the charge of, or control over, the child or young person;

“legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person;

“place of safety” means any place or institution appointed or declared to be a place of safety under section 41 or any other suitable place the occupier of which is willing temporarily to receive a child;

“protector” includes the Director of Social Welfare, Assistant Directors of Social Welfare and such other persons as the President may, by notification in the Gazette, declare to be vested with all or any of the powers conferred and the duties imposed upon a protector by this Act or by any rules made thereunder;

“public entertainment” means an entertainment to which the public or any section of the public is admitted or in connection with which any charge, whether for admission or not, is made to, or any collection or subscription is received at such entertainment from, any of the audience;

“young person” means —

“transferred child” means a child under the age of 14 years who is living apart from his natural father or mother but does not include a child —

“Transferred child” and “child” shall be deemed to apply to a child in respect of whom a bond has been executed or a committal order made under the provisions of this Act until such time as the bond or order is discharged or the child attains the age of 18 years, whichever is the earlier event.

If any person over the age of 14 years, who has the custody, charge or care of any child, or any person over the age of 18 years who has the custody, charge or care of any young person, wilfully assaults, ill-treats, neglects, abandons or exposes the child or young person or causes or procures or knowingly permits the child or young person to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause that child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both, and for the purposes of this section a parent or other person legally liable to maintain a child or young person shall be deemed to have neglected him in a manner likely to cause injury to his health, if he wilfully neglects to provide adequate food, clothing, medical aid or lodging for the child or young person.

If any person who is an employer of any child or any young person, wilfully assaults or ill-treats the child or young person or causes or procures or knowingly permits the child or young person to be assaulted or ill-treated, in a manner likely to cause that child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both.

A person may be convicted of an offence under this section, notwithstanding that actual suffering or injury to health or the likelihood of such suffering or injury to health, was obviated by the action of another person.

A person may be convicted of an offence under this section, notwithstanding the death of the child or young person in respect of whom the offence is committed.

Upon the trial of any person over the age of 14 years charged with culpable homicide of a child of whom he had the custody, charge or care, or upon the trial of any person over the age of 18 years charged with culpable homicide of a young person of whom he had the custody, charge or care, it shall be lawful for the court, if satisfied that the accused is guilty of an offence under this section in respect of the child or young person, to find the accused guilty of that offence.

Any person who causes or procures any child, or, having the custody, charge or care of a child, allows that child to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, shall be guilty of an offence and shall be liable on conviction to a fine of $250 or to imprisonment for 3 months or to both.

If a person having the custody, charge or care of a child is charged with an offence under this section, and it is proved that the child was in any street, premises or place for any such purpose, and that the person charged allowed the child to be in the street, premises or place, he shall be presumed to have allowed him to be in the street, premises or place for that purpose unless the contrary is proved.

A protector, the Commissioner or a police officer, or any person authorised by a Magistrate or by a protector or by the Commissioner or a Justice of the Peace may take to a place of safety any child in respect of whom an offence under this Part or any offence involving bodily injury to a child has been, or there is reason to believe has been, committed.

A child so taken to a place of safety, and also any child who seeks refuge or protection, may be detained in a place of safety until he can be brought before a Magistrate’s Court and the Court may make such order as is mentioned in subsection (3), or may cause the child to be dealt with as circumstances may admit and require, until the charge made against any person in respect of any offence in sections 4 and 5 with regard to the child has been determined by the conviction or discharge of that person.

When it appears to a court that an offence under this Part or any offence involving bodily injury to a child has been committed in respect of any child who is brought before it and that it is expedient, in the interests of the child, that an order should be made under this subsection, the court may, without prejudice to any other power under this Part, make such order as circumstances require for the care and detention of the child until a reasonable time has elapsed for a charge to be made against some person for having committed the offence, and, if a charge is made against any person within that time, until the charge has been determined by the conviction or discharge of that person and in case of conviction, for such further time not exceeding 21 days as the court which convicted that person may direct, and any such order may be carried out notwithstanding that any person claims the custody of the child.

If it appears to a Magistrate’s Court, on information or complaint made by any of the persons mentioned in section 33 that there is reasonable cause to believe —

A Magistrate’s Court issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the child or young person to be apprehended and brought before the Court, and proceedings to be taken against that person according to law.

Any police officer authorised by warrant under this section to search for any child or young person, or to remove any child or young person, with or without search, may enter (if need be by force) any house, building or other place specified in the warrant, and may remove the child or young person therefrom.

Every warrant issued under this section shall be addressed to and executed by a police officer, who shall be accompanied by the person laying the information, if that person so desires, unless the court by which the warrant is issued otherwise directs, and may also if the court by which the warrant is issued so directs, be accompanied by a Government medical officer.

It shall not be necessary in any information or warrant under this section to name the child or young person, but, in such case, the child or young person shall be described as particularly as the knowledge of the informant or the court permits.

No child under the age of 12 years shall take part in a public entertainment which is promoted or performed for the profit of the promoter or performers or both.

No child or young person shall take part in any performance in a public entertainment which performance is dangerous to life or limb.

No child or young person under the age of 17 years shall take part in any public entertainment without the licence of the Commissioner.

Before issuing any such licence, the Commissioner shall be satisfied as to the health and physical fitness to perform of the child or young person and that proper measures have been and will be taken for the preservation of the health, and for securing kind treatment, of the child or young person.

The Commissioner may, in his discretion, refuse to issue a licence on the ground that the child or young person is not actually under the protection of at least one parent or of a legal guardian or that the conditions of employment or wages to be paid are unsatisfactory or inadequate or on any other grounds, whether similar to the foregoing or not, that may appear to him reasonable or proper, and he may, in his discretion, cancel any licence on any ground for which he could refuse to issue a licence, or for the breach of any condition thereof, but shall, if so required, furnish the child or young person or his parent or guardian with the ground of his refusal or cancellation in writing.

Any person aggrieved by the refusal or cancellation of a licence issued under this section may appeal to the Minister whose decision shall be final and shall not be called in question in any court.

An order cancelling a licence shall have effect until it is set aside on appeal.

In granting a licence the Commissioner shall impose such conditions as may be prescribed and may impose such additional conditions as he thinks fit.

Licences issued under this section shall expire on 31st December in each year.

In respect of any licence issued there shall be charged and paid such fee as the Minister may from time to time notify in the Gazette.

Every person who has or intends to have a transferred child in his care, custody or control in Singapore, whether the transfer was made or is to be made within or without Singapore, shall forthwith notify the transfer or intended transfer to a protector.

The father, mother, legal guardian or guardian of every such transferred child as is referred to in subsection (1) shall, if resident in Singapore, also notify the transfer or intended transfer to the same protector.

On receiving such notification the protector may make such inquiry as he thinks fit as to the reasons for the transfer or intended transfer of the child and as to the suitability for that purpose of the person who has or intends to have the care, custody or control of the child.

If after such inquiry the protector considers it expedient in the interests of the child, he may —

If default is made in complying with any condition of a bond made under subsection (4), the protector may make an order as provided in section 16(4).

The protector shall register particulars relating to any child in respect of whom an order has been made under subsection (4)(a), or security has been given under subsection (4)(b), or an order has been made under subsection (5) and also particulars relating to his parents and to any person who has had or has the care, custody or control of the child, or who has made a notification in respect of the child.

Except as otherwise provided in subsection (4), the protector shall accept every notification made under this section and shall record particulars thereof.

When the transfer of a child has been notified and accepted under section 13, the person to whom the child has been transferred shall, if at any subsequent time —

On receiving a report under subsection (1) the protector shall make a note thereof and shall, if the father, mother, legal guardian or such other person is believed to be in Singapore and was not present at the time of the report, send written information thereof to the last known place of abode of the father, mother, legal guardian or other person.

Whenever a protector has reason to believe that there is, within Singapore, a transferred child —

If a person on whom a summons has been served under subsection (1) fails to produce the child at the time and place specified therein, the protector may issue a warrant authorising any person named therein to search for the child and produce the child before him.

Any child named or described in such warrant may be removed to a place of safety and there temporarily detained until the protector has completed his inquiry under this Part or may, for the like period, be temporarily committed to the custody of a relative or other fit person on such terms and conditions as the protector may require.

On production of a child before the protector in pursuance of a summons or warrant issued under this section, he shall hold such inquiry as he thinks fit and, if after the inquiry he is of the opinion that there has been a failure to notify as required by this Part or that the child is in need of supervision, he may order the person having the care, custody or control of the child to furnish him with copies of the child’s and the person’s photographs and to furnish a bond or other security to the satisfaction of the protector that the child —

If default is made in complying with any order made or any condition of a bond furnished under subsection (4), the protector may, without or in addition to enforcing the bond or other security, by warrant under his hand, order that the child, in respect of whom the order was made, be taken out of the custody of the person in whose care, custody or control the child is and committed to a place of safety or, on such security and on such conditions as the protector may require, to the custody of a relative or other fit person until the child attains the age of 18 years or for any shorter period.

The protector shall register particulars relating to any child in respect of whom an order has been made under this section and particulars relating to his parents and any person who has had or has the care, custody or control of the child.

Whenever a protector is of opinion that it is in the interest of any transferred child in respect of whom a bond has been executed under this Part that the child should be permitted to leave Singapore, the protector may grant such permission upon being supplied with such photographs as he may require and upon a bond or other security being given to his satisfaction that the person, in whose care, custody or control the child is, will bring the child before the protector whether within or without Singapore and within such period and at such destination as may be specified in the bond.

The giving of such further security shall not relieve any person who furnished security under this Part from any obligation under the conditions of the bond entered into other than the condition relating to departure from Singapore, until the child has left Singapore.

A protector or any officer generally or specially authorised in that behalf in writing by a protector may, at any time, require the person having the care, custody or control of a transferred child in respect of whom a bond has been executed under this Part to produce the child before him for inquiry, or may visit and inspect the place where the child lives or is believed to live or to be.

The protector or such officer may inquire into the condition and treatment of the child and his wages, if any, food and living conditions generally and, for the purposes of the inquiry, the protector or such officer as aforesaid may require any person to answer any questions he may think proper to ask and the person shall be legally bound to answer truthfully to the best of his ability.

Any person who obstructs or hinders or attempts to obstruct or hinder a protector or any such officer in the exercise of the powers conferred by this section shall be guilty of an offence.

When a protector has reason to believe that a transferred child has been or is being ill-treated or neglected or employed, used or trained for any immoral or unlawful purpose or in any immoral or unlawful manner, he may issue a warrant as provided in section 16(2).

On production of a child before the protector in pursuance of a warrant issued under subsection (1), or whenever a transferred child appears before the protector and alleges that he has been ill-treated or neglected or employed, used or trained for any immoral or unlawful purpose or in any immoral or unlawful manner, the protector shall hold such inquiry as he thinks fit and may after the inquiry make an order as provided in section 16(4) or (5).

The protector shall register particulars relating to any child in respect of whom an order has been made under this section and particulars relating to his parents and any person who has had or has the custody of the child.

It shall not be necessary in any summons or warrant issued under this Part to name the child, but, in that case, the summons or warrant shall describe the child as particularly as the knowledge of the protector permits.

Any person authorised by warrant issued under this Part to search for any child may enter (if need be by force) any house, building, land, enclosure, vessel or other place where he believes the child to be and may remove the child therefrom.

Any person aggrieved by any order made by a protector under this Act or the refusal of the protector to review any such order may appeal to the Minister whose decision shall be final and shall not be called in question in any court.

Any order made under this Part shall have effect until varied or revoked on appeal.

Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years.

Every person who without lawful authority or excuse harbours or has in his possession, custody or control any child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or without Singapore shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years.

It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of, or pursuant to, a bona fide marriage or adoption, and that at least one of the natural parents of the child or the legal guardian was a consenting party to the marriage, or to the adoption by the adopting party, and had expressly consented to the particular marriage or adoption.

A protector or any officer generally or specially authorised in that behalf in writing by a protector may at any time visit and inspect the place where any child in respect of whom security has been furnished under section 29 lives or is believed to live or to be.

The protector or any such officer may inquire into the condition and circumstances of the child and for the purposes of the inquiry, the protector or such officer as aforesaid may require any person to answer any questions he may think proper to ask and that person shall be legally bound to answer such questions truthfully to the best of his ability.

Any person who obstructs or hinders or attempts to obstruct or hinder a protector or any such officer in the exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

A protector or the Commissioner or any officer generally or specially authorised in that behalf in writing by a protector or the Commissioner may enter, and for that purpose may use force if necessary, and search any vessel, house, building, land, enclosure or other place where he has reasonable cause to suspect that an offence under this Act or any rules made thereunder has been or is being committed.

Any person who obstructs or hinders or attempts to obstruct or hinder a protector or the Commissioner or any such officer as aforesaid in the exercise of the powers conferred by this section shall be guilty of an offence.

Where, in any proceedings under this Act, a person is alleged to be a child or young person, the court, after making such inquiry as it thinks fit as to the age of that person, may determine and declare his age, and for the purposes of this Act the age so declared by the court shall be deemed to be the true age of that person, unless the contrary is proved, in the same or any subsequent proceedings brought in relation to that person.

Where a person is charged with an offence under this Act in respect of a person apparently under a specified age it shall be a defence to prove that the person was actually of, or over, that age.

Where an order has been made by a protector under section 16(5) or 29 committing a child to a place of safety or to the custody of a relative or other fit person the protector may at the time of or subsequent to the making of such order make a further order (referred to in this section as a protector’s contribution order) requiring the parent or guardian of the child or the person having the custody of the child at the time of the making of the order to contribute such weekly or monthly sum in respect of the child’s maintenance as the protector having regard to his means thinks fit, and it shall be the duty of that parent or guardian or other person to comply with the terms of a protector’s contribution order.

No protector’s contribution order shall be made without giving the person ordered to make a contribution an opportunity to be heard.

A protector’s contribution order shall remain in force for so long as the committal order in respect of the child is in force:Provided that such order —

If any person wilfully neglects to comply with a protector’s contribution order made under this section, a court may, for every breach of the order, by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by Magistrates, or may sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.

The Minister may make rules to give effect to the provisions of this Part.

In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters:

Such rules shall be published in the Gazette.

“child” means a person who, in the absence of legal proof to the contrary, is, in the opinion of the court having cognisance of any case in relation to such person, under the age of 14 years;

“young person” means a person who, in the absence of legal proof to the contrary, is, in the opinion of the court having cognisance of any case in relation to such person, 14 years of age or upwards and under the age of 16 years.

Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection, or as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.

A court shall not order a child under the age of 10 years to be sent to an approved school or remand home or place of detention unless for any reason, including the want of a fit person of his own religious persuasion who is willing to undertake the care of him, the court is satisfied that he cannot suitably be dealt with otherwise.

A Juvenile Court shall be presided over by a Magistrate nominated by the President, who, in the exercise of his functions as a Juvenile Court, shall be assisted by two advisers, one of whom may be a woman, and both of whom shall be members of a panel of persons nominated from time to time by the President.

If at any time, by reason of illness or other emergency, the Magistrate nominated under subsection (1) is not available, any Magistrate, although not so nominated may preside over a Juvenile Court, and where it appears that the Court cannot without adjournment be fully constituted, and that an adjournment would be inexpedient in the interests of justice, he may sit with one adviser or he may sit alone.

The functions of the advisers shall be to inform and advise the court with respect to any consideration affecting the treatment of any child or young person brought before it.

Save as modified or extended by this Act, the provisions of the Criminal Procedure Code [Cap. 68] shall apply to a Juvenile Court as if that court were a Magistrate’s Court.

Subject as hereinafter provided, no charge against a child or young person shall be heard by a court of summary jurisdiction which is not a Juvenile Court:Provided that —

A Juvenile Court shall have jurisdiction to try all offences which, but for subsection (1), would be triable only by a Magistrate’s Court or a District Court.

A Juvenile Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by this or any other Act.

A Juvenile Court shall, subject as hereinafter provided, sit either in a different building or room from that in which sittings of courts other than Juvenile Courts are held, or on different days from those on which sittings of the other courts are held, and no person shall be present at any sitting of a Juvenile Court except —

Subject as hereinafter provided, no newspaper report of any proceedings in a Juvenile Court shall reveal the name, address or school, or include any particulars calculated to lead to the identification of any child or young person concerned in those proceedings, either as being the person against, or in respect of whom, the proceedings are taken, or as being a witness therein, nor shall any picture be published in any newspaper as being or including a picture of any child or young person so concerned in any such proceedings:Provided that the Court or the Minister may in any case, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of this section to such extent as may be specified in the order.

Any person who publishes any matter in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

A child shall not be sentenced or ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine or costs.

A young person shall not be ordered to be imprisoned for an offence, or be committed to prison in default of a fine, damages or costs, unless the court certifies that he is of so unruly a character that he cannot be detained in a remand home, a place of detention, an approved school or an approved home or that he is of so depraved a character that he is not a fit person to be so detained.

Notwithstanding the provisions of any other written law no child or young person shall be sentenced by any court other than the High Court to corporal punishment.

Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder or attempted murder, or of voluntarily causing grievous hurt, and the court is of opinion that none of the other methods by which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence and where such a sentence has been passed the child or young person shall, during that period, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the Minister may direct.

A person detained in pursuance of the directions of the Minister under this section shall, while so detained, be deemed to be in legal custody.

Any person so detained may, at any time, be discharged by the Minister on licence. Such licence may be in such form and may contain such conditions as the Minister may direct, and may at any time be revoked or varied by the Minister.

Where a licence has been revoked, the person to whom the licence related shall return to such place as the Minister may direct, and if he fails to do so may be apprehended without warrant and taken to that place.

Where a child or young person is charged before a Juvenile Court with any offence for the commission of which a fine may be imposed and damages and costs or either or both of them may be awarded, and the Juvenile Court is of the opinion that the case would be best met by the imposition of all or any of those penalties whether with or without any other punishment, the Juvenile Court may, in such case, and shall, if the offender is a child, order that the fine imposed and damages or costs awarded be paid by the parent or guardian of the child or young person, unless the Juvenile Court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

Where a child or young person is charged with any offence, a Juvenile Court may order his parent or guardian to give security for his good behaviour.

Where a Juvenile Court thinks that a charge against a child or young person is proved, the Court may make an order on the parent or guardian under this section for the payment of damages or costs or requiring him to give security for the good behaviour of the child or young person, without proceeding to record a finding of guilt against the child or young person.

An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity to be heard.

Any sum imposed and ordered to be paid by the parent or guardian under this section, or on forfeiture of any such security, may be recovered from him in the manner provided by the Criminal Procedure Code [Cap. 68] in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged.

Any court by or before which a child or young person is found guilty of an offence may, if it thinks fit, remit the case to a Juvenile Court, and where any such case is so remitted, the offender shall be brought before a Juvenile Court accordingly, and that Court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that Court.

No appeal shall lie against an order of remission made under subsection (1) but nothing in this subsection shall affect any right of appeal against the verdict or finding on which such an order is founded, and a person aggrieved by the order of the Juvenile Court to which the case is remitted may appeal therefrom to the High Court as if he has been tried by, and had pleaded guilty before, the Juvenile Court.

A court by which an order remitting a case to a Juvenile Court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before a Juvenile Court, and shall cause to be transmitted to the Juvenile Court to which the case has been remitted a certificate setting out the nature of the offence and stating that the case has been remitted for the purpose of being dealt with under this section.

Where a child or young person is brought before a Juvenile Court for any offence it shall be the duty of the Court as soon as possible to explain to him in simple language suitable to his age and understanding the substance of the alleged offence.

After explaining the substance of the alleged offence the Court shall ask the child or young person whether he admits the facts constituting the offence.