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CHILD
CAREAND PROTECTION
(11) For the purpose of obtaining the information referred
to in subsection (10) or for special observation, the court may
from time to time remand the child on bail or in custody.
(12) An appeal shall lie from any decision of a Children's
Court in the same manner and subject to the same procedure as
an appeal from a Resident Magistrate's Court.
72.-(1) Subject to the provisions of this section, no charge
TdiCti0"
against a child and no application in relation to a child in need
Children's
of care or protection shall be heard by any court of summary
jurisdiction which is not a Children's Court.
(2) Subject to subsection (3)' a charge made jointly
against a child and a person who has attained the age of eighteen
years shall not be heard by a Children's Court.
(3) Where, in the course of any proceedings before a
Children's Court, it appears that a person so jointly charged has
attained the age of eighteen years-
(a)
nothing in subsection (2) shall be construed as
preventing the Children's Court, if it thinks fit, from
proceeding with the hearing and determination of those
proceedings; and
(b)
where it does so, it shall be deemed to have, in relation
to the person who has attained the age of eighteen
years, all the powers of a court of summary
jurisdiction.
(4)
Where a child is charged with an offence, the charge
may be heard by a court of summary jurisdiction which is not a
Children's Court if a person who has attained the age of
eighteen years is charged at the same time with aiding, abetting,
causing, procuring, allowing or permitting the offence.
(5)
Where, in the course of any proceedings before any
court of summary jurisdiction other than a Children's Court, it
,appears that the person to whom the proceedings relate is a
child, nothing in this section shall be construed as preventing
that court, if it thinks fit, from proceeding with the hearing and
determination of those proceedings.
[The inclusion of this page is authorized by
L.N.
111/2005]