Section 239 of The Children Act CAP 141: 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 35(1) of the Penal Code (Cap. 63);
(b) discharge the child on his or her entering into a recognisance, with or without sureties;
(c) make a probation order against the offender under the provisions of the Probation of Offenders Act;
(d) commit the offender to the care of a fit person, whether a relative or not, or a charitable children’s institution willing to undertake the care of the offender;
(e) if the child is between twelve years and fifteen years of age, order that the child be sent to a rehabilitation institution suitable to the child’s needs and circumstances;
(f) order the child to pay a fine, compensation or costs, or any or all of them, having regard to the means of the child’s parents or guardian;
(g) in the case of a child who has attained the age of sixteen years, deal with the child in accordance with the Borstal Institutions Act;
(h) place the child under the care of a qualified counsellor or psychologist;
(i) order that the child be placed in an educational institution or vocational training programme;
(j) order that the child be placed in a probation hostel under the provisions of the Probation of Offenders Act;
(k) make a community service order;
(l) make a restorative justice order;
(m) make a supervision order;
(n) make any other orders of diversion provided for in this Part; or
(o) deal with the child in any other lawful manner as may be provided under any written law.
(2) A child against whom a community service order has been made may, having regard to the child’s age and development, be required to perform the service without remuneration, or for the benefit of the community, under the supervision or control of an organisation or institution identified by the probation officer.
(3) In addition, or as an alternative, to the orders prescribed in subsection (2),the Court may impose on a child such other sanctions as the Court may consider just.
(4) Any community service performed by a child shall be for a maximum period of fifty hours, and shall be completed within a period not exceeding six months.
(5) If a child fails to comply with any condition imposed on diversion, the Court shall make such orders as it considers fit, including an order directing that the child to be subjected to an alternative level of diversion.
(6) The orders imposed on a child upon a finding of guilt shall be proportionate to the circumstances of the child, the nature of the offence and the public interest, and a child shall not be treated more severely than an adult would have been treated in the same circumstances.


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

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