Children and Young Persons Act 1993

In this Act, unless the context otherwise requires —

“approved institution” means an institution approved under section 12 of the Probation of Offenders Act 1951 for the reception of persons who may be required to reside therein by a probation order;

“approved welfare officer” means a person who is appointed by the Director‑General under section 3(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;

“assessment” means an assessment to determine either the state of the health or development of the child or young person or whether the child or young person is in need of care or protection or both, and includes a forensic medical examination;

“care‑giver”

“child” means a person who is below 14 years of age;

“development” means physical, intellectual, psychological, emotional, social or behavioural development;

“Director‑General” means the Director‑General of Social Welfare;

“emotional harm”, in relation to a child or young person, means any serious impairment to the growth, development, or behavioural, cognitive or affective functioning, of the child or young person, and includes

“fit person” means

“foster parent”, in relation to a child or young person, means a person

“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 young person, or in which the child or young person is concerned, has for the time being the charge of, or control over, the child or young person;

“health” means physical or mental health;

“home for children and young persons” means any establishment the object of which is, or is held out to be, the provision of residential accommodation with board and personal care for children or young persons, for the purposes of their protection or rehabilitation or both;

“ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 6;

“juvenile” means a person who is 10 years of age or older but below 16 years of age;

“juvenile rehabilitation centre” means any institution or part thereof appointed or established under Part 6 as a juvenile rehabilitation centre;

“licence” means a licence issued under section 63 and licensee is to be construed accordingly;

“licensed home for children and young persons” means a home for children and young persons in respect of which a licence is issued under section 63;

“person‑in‑charge”, in relation to a juvenile rehabilitation centre, home for children and young persons, place of detention, place of safety, place of temporary care and protection or remand home, means

“place” includes any vessel, conveyance, house, building, enclosure, street, land or open space;

“place of detention” means a place provided or appointed by the Minister as a place of detention under section 81(1);

“place of safety” means any institution or part thereof appointed or established under Part 6 as a place of safety;

“place of temporary care and protection” means any place or institution designated to be a place of temporary care and protection under section 31 or any other suitable place the occupier of which is willing temporarily to receive a child or young person committed under section 10, 11 or 54;

“protector” means any public officer or other person who is appointed or authorised by the Director‑General under section 3(3) to exercise the powers and perform the duties of a protector under this Act;

“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999;

“relevant offence” means

“remand home” means any home or institution or part thereof provided or appointed by the Minister as a remand home under section 79(1) for the detention of juveniles sent there under the provisions of this Act;

“Review Board” means the Review Board appointed under section 68;

“voluntary care agreement” means a care agreement entered into between the Director‑General and the parent or guardian of a child or young person under section 15 to secure the safety and welfare of the child or young person;

“young person” means

In reckoning the age of a person for the purposes of this Act

For the purposes of this Act

[Deleted by Act 30 of 2019]

The Director‑General is responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister.

The Director‑General may

The Director‑General may appoint any suitably qualified person as an approved welfare officer to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act.

The Director‑General and any public officer or other person appointed or authorised by the Director‑General under subsection (3) and any approved welfare officer are deemed to be public servants within the meaning of the Penal Code 1871.

For the purposes of this Act, a child or young person is in need of care or protection if

Without limiting subsection (1)(g), the circumstances in which a child or young person may be regarded as being subject to emotional or psychological abuse by his or her parent or guardian under that subsection include any of the following:

In this section, “related person”, in relation to a child or young person, means another person about whose safety or wellbeing the child or young person would reasonably be expected to be seriously concerned.[4

A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he or she ill‑treats the child or young person or causes, procures or knowingly permits the child or young person to be ill‑treated by any other person.

For the purposes of subsection (1)

For the purposes of this Act, a person ill‑treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person

For the purpose of subsection (3)(c), the parent or guardian of a child or young person is deemed to have neglected the child or young person in a manner likely to cause him or her physical pain, suffering or injury or emotional harm or injury to his or her health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person.

A person may be convicted of an offence under this section despite

Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction

The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein.

If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, the person must

Any person who causes or procures any child or young person or, having the custody, charge or care of a child or young person, allows that child or young person to be in any place for the purpose of

If a person having the custody, charge or care of a child or young person is charged with an offence under this section and it is proved that the child or young person was in any place for any such purpose and that the person charged allowed the child or young person to be in the place, the person is presumed to have allowed the child or young person to be in the place for that purpose unless the contrary is proved.[6

A person shall be guilty of an offence if

A person (A) shall be guilty of an offence if

A person (A) shall be guilty of an offence if A, in public or private

For the purposes of subsections (2)(b)(i) and (3)(b)(i), it is a defence that A, by reason of mistake of fact or in ignorance of a fact in good faith, believed that B had consented to that obscene or indecent act.

For the purposes of subsections (2)(b)(ii) and (3)(b)(ii), it is not necessary for the prosecution to prove that B did or did not consent to the obscene or indecent act mentioned in subsection (2)(a) or (3)(a), as the case may be.

In deciding whether an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative of the young person for the purposes of subsections (2) and (3), the court is to have regard to all of the following:

To avoid doubt, the court is not confined to consideration of the matters specified in subsection (6) and may take into account such other matters and evidence as may be relevant in the circumstances of each case.

For the purposes of subsection (6) and subject to subsection (9), it is presumed until the contrary is proved that an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative where the relationship is any of the following:

However, the presumption in subsection (8) does not apply to a person who is lawfully married to a young person of 16 years of age or older but below 18 years of age even though the relationship may fall within any of the relationships mentioned in subsection (8).

Any person who is guilty of an offence under subsection (1) shall be liable on conviction

Any person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both.

In subsections (10) and (11), “repeat offender”, in relation to an offence under subsection (1)(a) or (b), (2) or (3), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of

The Director‑General or a protector may exercise the powers conferred by subsection (2) for any of the following purposes:

The Director‑General or protector may, by written order

The Director‑General or a protector may communicate any information about a child or young person (whether or not obtained under this section) including a photograph of the child or young person, to any of the following person or persons for a relevant purpose:

No liability shall lie personally against a person for providing any information under subsection (2), or communicating any information under subsection (3).

An individual cannot rely on

However, any information is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 26(b) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual.

In this section, “relevant purpose” means either of the following:

Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may by written notice order any person to

For the purposes of this section and sections 11 and 12, a reference to a police officer is a reference to a police officer not below the rank of sergeant.[8A

Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may without warrant and with such assistance and by such force as is necessary, by day or by night enter any place in which the child or young person is to be found and

Subject to subsection (3), every child or young person who is removed by the Director‑General, a protector or a police officer under section 10 or this section must, unless he or she is sooner returned to the custody of his or her parent or guardian, be brought before a Youth Court within 3 working days from the date of his or her being so removed in order that he or she may be dealt with under section 54.

If for any reason it is not possible for the child or young person to be brought before a Youth Court within the time specified in subsection (2)

Where the Director‑General or a protector is of the view that any contact or access between the child or young person removed under subsection (1) and any other person is not in the best interests of the child or young person, the Director‑General or protector may order that

A registered medical practitioner, a psychologist or an approved welfare officer to whom a child or young person is brought under section 10 or 11

If the registered medical practitioner, psychologist or approved welfare officer conducting the assessment of the child or young person under subsection (1) believes on reasonable grounds that the child or young person is suffering from any physical pain, suffering or injury, or emotional harm or injury to his or her health or development as a result of being ill‑treated, the registered medical practitioner, psychologist or approved welfare officer must immediately notify the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment.

Section 115 applies to a registered medical practitioner, a psychologist or an approved welfare officer who makes a notification under this section as if it were a notification made under section 115(1).

If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalisation of the child or young person is necessary for the purpose of treating the child or young person, the Director‑General, protector or police officer may authorise the hospitalisation of the child or young person.[9A

If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him or her to a place of temporary care and protection until he or she can be brought before a Youth Court to be dealt with under section 54.

A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of temporary care and protection, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary.

Sections 11(2), (3) and (4) and 12(1) to (4) apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under section 11.

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, by the use of force if necessary, 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

It is not 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 must be described as particularly as the knowledge of the informant or the Magistrate’s Court permits.[10

No child or young person may take part in any public entertainment

Any person who causes or procures such a child or young person, or being his or her parent or guardian allows the child or young person, to take part in any public entertainment in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

If the person convicted under subsection (2) is the holder of a licence under the Public Entertainments Act 1958, the court may also order the cancellation of the licence or its suspension for such period as the court may think fit.

In this section —

“entertainment” includes an exhibition or performance;

“public entertainment” means an entertainment to which the public or any section of the public is admitted or in connection with which a charge, whether for admission or otherwise, is made.[11

The Director‑General may enter into a voluntary care agreement

Despite subsection (1), where any parent or guardian of a child or young person

The Director‑General may extend the validity period of the voluntary care agreement by up to 3 years without the consent of both the parents or all the guardians of the child or young person (whether the voluntary care agreement was entered before, on or after 1 July 2020, if

A voluntary care agreement in respect of a child or young person may be terminated by

The voluntary care agreement in respect of which one or more written notices mentioned in subsection (4) are given terminates on the expiry of the prescribed period after the date of the service of the notice on the last person.[11A

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 or young person for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years.

Every person who, without lawful authority or excuse, harbours or has in his or her possession, custody or control any child or young person 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 outside Singapore shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.

It is 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 young person or the legal guardian of the child or young person, was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the marriage or adoption.

In this section, “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.[12

The Director‑General, a protector or any person authorised in that behalf by the Director‑General or a protector in writing may require any child or young person and any person who may appear to have the custody or control of the child or young person to appear before the Director‑General or protector at any reasonable time and at any convenient place.

The Director‑General or a protector may examine the child or young person as to his or her reasons for entering or being in Singapore and may examine the person respecting the child or young person, and the child or young person and that person are legally bound to answer such questions truthfully to the best of their ability.[14

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 or young person in respect of whom security has been furnished under section 20 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 or young person and for the purposes of the inquiry, the protector or such officer may require any person to answer any question he or she may think proper to ask and that person is legally bound to answer such questions truthfully to the best of that person’s 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 $2,000 or to imprisonment for a term not exceeding 12 months or to both.[17

The Director‑General, a protector or any officer generally or specially authorised in that behalf in writing by the Director‑General or a protector may, for an enforcement purpose, do all or any of the following:

In this section, “enforcement purpose” means

Where, in any proceedings under this Act, a person is alleged to be a child or young person, the court may, after making such inquiry as it thinks fit as to the age of that person, determine and declare his or her age.

For the purposes of this Act, the age declared by the court under subsection (1) is 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 is a defence to prove that the person was actually of, or above, that age.[21

Where under this Act a child or young person is committed to the care of any person

Any person who

For the purposes of this section, a child or young person who, under this Act, is committed or sent to a juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection is deemed to have been committed to the care of the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection, as the case may be.[24

Where an order has been made by the Director‑General or a protector under section 20(f), the Director‑General or protector may at the time of or subsequent to the making of the order make a further order (called in this section a contribution order) requiring the parent or guardian or the person having the custody of the child or young person at the time of the making of the contribution order to contribute such weekly or monthly sum as the Director‑General or protector, having regard to the means of the parent or guardian, thinks fit for the maintenance of the child or young person.

It is the duty of the parent or guardian or other person to comply with the terms of a contribution order made by the Director‑General or a protector, as the case may be.

The Director‑General or a protector must not make a contribution order without giving the person ordered to contribute an opportunity to be heard.

A contribution order made by the Director‑General or a protector remains in force for so long as the committal order in respect of the child or young person is in force except that such order

If any person wilfully neglects to comply with a contribution order made by the Director‑General or a protector 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 a Magistrate’s Court, or may sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid.[25

The Minister may establish a Committee on Fostering consisting of such persons as the Minister thinks fit.

The members of the Committee on Fostering may be appointed by the Minister for such period as the Minister determines.

The functions of the Committee on Fostering are

In this section, “proper care plan” means a plan for the care of a child or young person which

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, is to do the following:

A court is not to order a child below 10 years of age to be sent to a juvenile rehabilitation centre, remand home or place of detention unless for any reason, including the want of a fit person of his or her own religious persuasion who is willing to undertake the care of him or her, the court is satisfied that he or she cannot suitably be dealt with otherwise.[28

Where a person apparently below 16 years of age is arrested with or without warrant and he or she is not released, he or she must be brought before a Youth Court.

Where the person cannot be brought immediately before a Youth Court as required under subsection (1), the police officer or other officer from a law enforcement agency making the arrest must, without unnecessary delay and within 48 hours after the person is arrested, take or send the person arrested before a Magistrate.

The Youth Court or Magistrate (as the case may be) before whom a person is brought under subsection (1) or (2) is to inquire into the case and is to determine whether

If none of the circumstances referred to in subsection (3) exist, the Youth Court or Magistrate is to release the person on a bond, with or without sureties, for such amount as will, in the opinion of the Youth Court or Magistrate, secure the attendance of the person upon the hearing of the charge.

The bond must be entered into by the parent or guardian of the person or any other person responsible for the care and control of the person.[30

Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or any other Act

If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his or her parent or guardian to withdraw from the court.[31

A judge of a Youth Court, when determining the method of dealing with a child or young person in respect of whom a written report is obtained by the Youth Court regarding his or her background, family history, school record or such other matters, is to sit with 2 advisers from a panel of advisers appointed by the President except that where it appears that the Court cannot without adjournment be fully constituted and that an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or he or she may sit alone.

The function of the panel of advisers referred to in subsection (1) is to inform and advise the Youth Court with respect to

Except as modified or extended by this Act, the provisions of the Criminal Procedure Code 2010 apply to a Youth Court as if that Court were a District Court.[32

Subject to the provisions of this section, no child or young person may be charged with or tried for any offence by a court of summary jurisdiction except a Youth Court.

Where a child or young person is charged with any offence triable only by the General Division of the High Court, he or she must be tried by the General Division of the High Court unless

Where a charge is made jointly against a child or young person and a person who has attained 16 years of age, the charge must be heard by a court of appropriate jurisdiction other than a Youth Court.

Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Youth Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, despite subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit.

A Youth Court has jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the General Division of the High Court.

A person who has attained 16 years of age on the date of commencement of the hearing of the charge must not be tried for any offence by a Youth Court.

Where in the course of any trial before a Youth Court the child or young person to whom the trial relates attains 16 years of age, nothing in subsection (6) prevents the Youth Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.

In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his or her defence to the charge.[33

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

A Youth Court is to sit either in a different building or room from that in which sittings of courts other than Youth Courts are held, or on different days from those on which sittings of the other courts are held, and no person may be present at any sitting of a Youth Court except

A child must 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 must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless the court certifies that he or she is of so unruly a character that he or she cannot be detained in a place of detention or juvenile rehabilitation centre.

Despite the provisions of any other written law, no child or young person may be sentenced by any court other than the General Division of the High Court to corporal punishment.[37

Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, or of 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.

Where a sentence has been passed under subsection (1), the child or young person is, during that period, despite anything in the other provisions of this Act, liable to be detained in such place and on such conditions as the Minister may direct.

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

Any person so detained may, at any time, be released by the Minister on licence.

A licence referred to in subsection (4) may be in such form and 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 relates must return to such place as the Minister may direct, and if the person fails to do so he or she may be apprehended without warrant and taken to that place.[38

Where a child or young person is charged before a Youth Court with any offence for the commission of which a fine may be imposed and damages or costs or both may be awarded, and the 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 Court may, in such case, and must, if the offender is a child or young person, 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 Court is satisfied that the parent or guardian cannot be found or that the parent or guardian 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 Youth Court may order his or her parent or guardian to give security for the good behaviour of the child or young person.

Where a Youth 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 or her 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, subject to subsection (1), no such order may 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 the parent or guardian in the manner provided by the Criminal Procedure Code 2010 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.[39

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 Youth Court.

Where any such case is so remitted, the offender must be brought before a Youth Court accordingly, and the Youth Court may deal with the offender in any way in which it might have dealt with the offender if he or she had been tried and found guilty by the Youth Court.

No appeal lies against an order of remission made under subsection (1) but nothing in this subsection affects any right of appeal against the verdict or finding on which such an order is founded.

A person aggrieved by the order of the Youth Court to which the case is remitted may appeal therefrom to the General Division of the High Court as if the person has been tried by, and had pleaded guilty before, the Youth Court.

A court by which an order remitting a case to a Youth Court is made under this section

The words “conviction” and “sentence” cease to be used in relation to children and young persons dealt with by a Youth Court.

Any reference in any written law to a person convicted, a conviction or a sentence is, in the case of a child or young person, construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.[41

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

After explaining the substance of the alleged offence, the Youth Court is to ask the child or young person whether he or she admits the facts constituting the offence.

If the child or young person does not admit the facts constituting the offence, the Youth Court is to then hear the evidence of the witnesses in support thereof.

At the close of the evidence in chief of each witness, the witness may be cross‑examined by or on behalf of the child or young person.

The Youth Court is to, except in any case where the child or young person is legally represented, allow his or her parents or guardian or, in their absence, any relative or other responsible person to assist the child or young person in conducting his or her defence.

If in any case where the child or young person is not legally represented or assisted in his or her defence as provided for in subsection (5), the child or young person, instead of asking questions by way of cross‑examination, makes assertions, the Youth Court is to then put to the witness such questions as it thinks necessary on behalf of the child or young person and may, for this purpose, question the child or young person in order to bring out or clear up any point arising out of those questions.

If it appears to the Youth Court that a prima facie case is made out, the Court is to explain to the child or young person the substance of the evidence against him or her and, in particular, any points therein which specially tell against him or her or require explanation and the child or young person must be allowed to give evidence upon oath or affirmation or to make a statement if he or she so desires and the evidence of any witness for the defence must be heard.

If the child or young person admits the offence or the Youth Court is satisfied that it is proved, he or she and his or her parent or guardian, if present, must then be asked if they desire to say anything in extenuation or mitigation of the penalty or otherwise.

Before deciding how to deal with the child or young person, the Youth Court may obtain such information as to his or her family background, general conduct, home surroundings, school record, medical history and state of development, as may enable it to deal with the case in the best interests of the child or young person, and may put to him or her any question arising out of such information.

The information referred to in subsection (9) may include any written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Youth Court thinks fit to provide a report on the child or young person, and may be received and considered by the Court without being read aloud.

For the purpose of subsection (9), the Youth Court may

The costs of and incidental to any assessment under subsection (11)(b) must be borne by the parent or guardian of the child or young person, unless the Youth Court directs otherwise.

Where the Youth Court has received and considered a written report of a probation officer, an approved welfare officer, a registered medical practitioner or any other person whom the Court thinks fit to provide a report on the child or young person

If in any case the Youth Court considers it necessary in the interests of the child or young person, the Court may require the parent or guardian of the child or young person (as the case may be) to withdraw from the Court.[42

Where, in a charge for an offence triable under this Act, it is alleged that the person by whom the offence was committed was below or had attained any specified age, and he or she appears to the court to have been at the date of the commission of the alleged offence below or to have attained the specified age (as the case may be) he or she is for the purposes of this Act presumed at that date to have been below or to have attained that age (as the case may be) and any order made therein is not invalidated by any subsequent proof that the age has been incorrectly stated.

Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a registered medical practitioner who has assessed that person, stating to the effect that, in the medical practitioner’s opinion, that person has or has not attained a specified age, may be given in evidence.[43

Subject to the provisions of this section, where a Youth Court is satisfied that an offence has been proved, or where the child or young person (called in this section the offender) admits the facts constituting the offence, the Court, in addition to any other powers exercisable by virtue of this Act or any other written law for the time being in force, has power

For the purpose of subsection (1), the Youth Court has power

Where the Youth Court makes an order under subsection (1)(g) for the detention of an offender in a place of detention in combination with a probation order under subsection (1)(e), the period of the offender’s detention must not exceed 3 months.

If an offender, without reasonable excuse, contravenes any order made by the Youth Court under subsection (1) (called hereinafter the original order) or any condition thereof, the Youth Court may make such order as is necessary for the offender to be produced before it and thereafter, deal with the offender by

Where an offender, while being detained in a place of detention or juvenile rehabilitation centre pursuant to an order under subsection (1)(g) or (i), is found guilty of another offence by the Youth Court, the Court may, instead of making a fresh order against the offender under subsection (1)(g) or (i), extend the period of detention that is being served by the offender.

Where a Youth Court is satisfied, on the representations of the person‑in‑charge of a juvenile rehabilitation centre, place of detention or place of safety, that a person ordered to be detained in the juvenile rehabilitation centre, place of detention or place of safety is of so unruly a character that he or she cannot be so detained, the Court may

Without affecting section 49, the Youth Court may, for the purpose of dealing with a child or young person who has been found guilty of committing an offence (called in this section the offender), convene a juvenile case conference in accordance with the prescribed requirements and a juvenile case conference so convened may deal with the offender by

In exercising its powers under this section, the juvenile case conference must

If the offender fails

A person who attends a juvenile case conference (not being the offender, the parent or guardian of the offender or any other member of the offender’s family) must not divulge any personal information obtained at the conference relating to any of those persons.

Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.[45

An application to a Youth Court under section 54 or 56, section 57 (read with section 56) or section 59 (called in this section a relevant application) must

An affidavit sworn for the purposes of a relevant application may contain statements of information or belief with the sources and grounds of the information or belief.

Any matter relating to the service of summons issued by a Youth Court in connection with any proceedings under section 54 or 56, section 57 (read with section 56) or section 59 may be prescribed by the Family Justice Rules.

To avoid doubt, proceedings under section 54 or 56, section 57 (read with section 56) or section 59 are not to be treated as criminal proceedings.

All Family Justice Rules mentioned in this section must be presented to Parliament as soon as possible after publication in the Gazette.[48B

Subject to the provisions of this section and on the application made by the Director‑General or a protector, if a Youth Court is satisfied that any person brought before it is a child or young person in need of care or protection, the Court may

For the purposes of an order under subsection (1)(b), the Youth Court may further order that the determination by the Director‑General or protector as to the fit person to whom, or the place of safety or place of temporary care and protection to which, the child or young person is committed may be varied by the Director‑General or a protector (who may or may not have made the determination) during the period of the child’s or young person’s committal, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General or protector (as the case may be) thinks that it is in the best interests of the child or young person to do so.

Where

An arrangement by the Director‑General or a protector under subsection (3) is not to be treated as a variation under subsection (2) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (3).

Where any parent or guardian of the child or young person disagrees with a determination of the Director‑General or a protector under subsection (1)(b) or a variation of the determination under subsection (2), the parent or guardian (as the case may be) may apply to the Youth Court to review the determination or variation.

After reviewing a determination under subsection (1)(b) or variation under subsection (2), the Youth Court may order that the child or young person be committed to the care of such fit person, or to such place of safety or place of temporary care and protection as specified by the Court.

Where 3 variations have been made by the Director‑General or a protector under subsection (2) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (1)(b)(i), and the Director‑General or a protector is of the view that a further variation during that period is necessary, the Director‑General or protector must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety or place of temporary care and protection to which, the child or young person is to be committed.

A Youth Court may, in making any order under subsection (1), impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety and well-being of the child or young person in respect of whom such order is made, and every person upon whom such conditions are imposed or to whom such directions are given must comply with such conditions or directions.

No order under subsection (1) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard.

Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons.

The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court.

Despite subsection (9), an order under subsection (1) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time.

In determining what order to be made under subsection (1), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person.

For the purpose of subsection (13), the Youth Court may

Where the Youth Court requires any child or young person or the parent or guardian of a child or young person to undergo any assessment under subsection (14)(c) or (d)

If the Youth Court is not satisfied that the child or young person brought before it is in need of protection, the Court may order that the child or young person be returned to the care and custody of his or her parent or guardian.

The Youth Court may, at any time before the expiry of an order made under subsection (1) and on the application of the Director‑General or a protector, vary the period of the order or discharge the order if the Court is satisfied that it would be in the best interests of the person in respect of whom the order was made.