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CHILD

CAREAND PROTECTION

( a )

make due enquiry as to the age of that person; and

(b)

for that purpose, shall take such evidence as may be

forthcoming at the hearing of the case.

(2)

An order or judgment of the court shall not be

invalidated by any subsequent proof that the person's age has

not been correctly stated to the court, and the age presumed or

0

declared by the court to be the age of the person so brought

before it shall, for the purposes of this Act, be deemed to be the

true age of that person.

(3)

Where it appears to the court that the person so

brought before it has attained the age of eighteen years, that

person shall, for the purposes of this Act, be dee:med to be an

adult.

(4) Where, in any charge or indictment for any offence

Second

sch,,,,,

under this Act or any of the offences mentioned in the Second

Schedule, except offences specified in subsection

(5)-

(a) it is alleged that the person by or in respect of whom

the offence was committed was a child or was under or

had attained any specified age; and

(b)

the person appears to the court to have been, at the date

of the commission of the alleged offence, a child or to

have been under or to have attained the specified age,

as the case may be,

the person shall for the purposes of this Act be presumed at that

date to have been a child or to have been under or to have

attained that age, as the case may be, unless the, contrary is

proved.

(5) The offences referred to in subsection (4) are offences

against the following sections of the Offences Against the

Person Act, section 45 (procuring defilement of girl under

eighteen), 48 (carnally knowing girl under twelve), '50 (carnally

knowing girl above twelve and under sixteen), 51 ((inducingor

encouraging defilement of girl on premises), 57 (abduction of

girl under sixteen), 58 (procurement), 60 (abduction with intent

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L.N.

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1/2005]