Section 228 of The Children Act CAP 141: 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with rules made under this section, except where the child is below the age of twelve years, or the matter has been withdrawn.
(2) A child's appearance at a preliminary inquiry shall be regarded as his or her first appearance in a Court as contemplated in the Criminal Procedure Code (Cap. 75).
(3) The objectives of a preliminary inquiry shall be to—
(a) consider the assessment report of the children’s officer, probation officer and the Director of Public Prosecutions, particularly with reference to—
(i) the age or estimated age of the child, if the age of the child is unknown;
(ii) the criminal responsibility of the child if the child is between the age of twelve years and fourteen years; and
(iii) whether a further and more detailed assessment of the child is required;
(b) establish whether the matter can be diverted before plea;
(c) where applicable, identify a suitable diversion option;
(d) establish whether the case should be transferred to a Children's Court;
(e) ensure that all available information relevant to the child, his or her circumstances, and the offence is considered in order to make a decision on diversion and placement of the child;
(f) ensure that the views of all person’s present are considered before a decision is taken;
(g) encourage the participation of the child and his or her parent, guardian or fit person in decisions concerning the child; and
(h) determine the release or placement of the child pending—
(i) conclusion of the preliminary inquiry;
(ii) appearance of the child in a Court; or
(iii) referral of the matter to the children's Court.
(4) The Chief Justice may make Rules of procedure for the conduct of a preliminary inquiry under this Section.


Disclaimer: This document is not to be taken as legal advise.

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