Section 227 of The Children Act CAP 141: When to consider diversion
(1) Notwithstanding any provision of this Act or any other written law, any authorised officer or judicial officer dealing with any matter in which a child is suspected of, or charged with, the commission of an offence shall, where the child is eligible for diversion under this Act, in the first instance, consider that child for diversion.
(2) A child is eligible for diversion if—
(a) there is compelling evidence that the child committed the alleged offence;
(b) the child freely and voluntarily admits responsibility, and no intimidation or pressure has been used to induce that admission;
(c) the offence which he or she is suspected to have committed or charged with is not a capital offence;
(d) the child and his or her parent or guardian, or other person exercising parental responsibility over the child, consent to diversion;
(e) the concerns of the victim or the victim’s next of kin have been considered; and
(f) the child is a first or second offender.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 228 - Preliminary inquiry
(1) A preliminary inquiry shall be held in respect of every child prior to plea in accordance with rules made under this section, except where the child is below the age of twelve years, or the matter...
- Section 229 - Determination of a child’s age
If the age of a child is uncertain, the magistrate shall estimate the child’s age based on—
(a) a previous determination of age by a magistrate under this Act or any other written...
- Section 230 - Levels of diversion
(1) The Magistrate conducting the preliminary inquiry contemplated undersection 228 may apply any of the diversion options under this section to a child who is eligible for diversion.
(2) There shall...
- Section 231 - Power of Court in diversion
Upon ordering diversion, the magistrate conducting the inquiry or proceedings shall identify a children’s officer, a probation officer, or any other suitable person to monitor the child's compliance...
- Section 232 - Family Group Conference
(1) If a child has been referred to appear at a family group conference, a children officer appointed by the magistrate conducting the inquiry shall, within at least fourteen days, but not more than...
- Section 233 - Assistance to child offender in court
The Children’s Court shall at the commencement of the proceedings in court, inform the child in a language that the child understands of—
(a) the right to remain silent;
(b) the right to have a...
- Section 234 - Rules
The Chief Justice shall make Court rules of practice and procedure in diversion.
- Section 235 - Guarantees to a child accused of an offence
Every child accused of having violated any rule of law shall—
(a) be promptly and directly informed of the charges against him or her;
(b) be provided by the state with legal assistance in the...
- Section 236 - Duty to provide for the welfare of a child
(1) In dealing with a child brought before it, the Court shall have regard to thebest interest of the child, and shall take appropriate steps to remove the child from any undesirable surroundings, and...
- Section 237 - Words "conviction" and "sentence" not to be used of child
(1) The words "conviction" and "sentence" shall not be used in relation to achild being dealt with by the Children’s Court.
(2) Without prejudice to the generality of subsection (1), any reference in...
- Section 238 - Restriction on punishment
(1) No court shall order the imprisonment of a child.
(2) Notwithstanding the nature of any offence punishable by death, no courtshall impose the death penalty on a child on a finding of guilty for...
- Section 239 - Methods of dealing with children in conflict with the law
(1) Where a child is tried for an offence, and the Court is satisfied as to their guilt, the Court may deal with the case in one or more of the following ways— (a) discharge the child under section...
- Section 240 - Mental treatment
If it appears to the Court on the evidence of a medical practitioner or professional counsellor that a child requires, or may benefit from, mental treatment or professional counselling, the Court may,...
- Section 241 - Power to order parent to pay fines, etc.
(1) In any case where a child is charged with an offence for which a fine, compensation or costs may be imposed, and the Court is of the considered view that the case would best be met by imposition...
- Section 242 - Special police unit
A special police unit shall be designated by the Inspector General to—
(a) deal with children matters;
(b) prevent and control child offences;
(c) apprehend child offenders;
(d) investigate child...
- Section 243 - Proceedings in respect of offences committed by a child
The Chief Justice may make rules of court directing the manner in which proceedings in respect of a child accused of having infringed any law shall be conducted.
- Section 244 - Appeals to the Cabinet Secretary
(1) A person aggrieved by any act of the Secretary or an authorised officerin exercise of powers conferred by this Act may appeal to the Cabinet Secretary within fourteen days.
(2) An appeal under...
- Section 245 - Code of conduct
The Council shall develop a code of conduct for its members and staff.
- Section 246 - General penalty
A person convicted of an offence under this Act for which no other penalty is prescribed shall be liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding two hundred...
- Section 247 - General power to make regulations
Subject to the provisions of this Act, the Cabinet Secretary may make regulations—
(a) to prescribe anything that may be prescribed under this Act; or
(b) generally for the better carrying out of...
- Section 248 - Grants and expenses of the Cabinet Secretary
(1) There shall be paid out of moneys provided by Parliament and County governments—
(a) such sums on such conditions as the Cabinet Secretary may prescribe towards—
(i) the expenses incurred by...
- Section 249 - Repeals
(1) The Children Act (No. 8 of 2001) is repealed.
(2) Without prejudice to the generality of the application of section 3 of the Interpretation and General Provisions Act (Cap. 2), the transitional...