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CHILD CARE AND PROTECTION

(6)

Where a child-

(a) who has not attained the age of fourteen years is

charged with any offence; or

(b)

who has attained the age of fourteen years is charged

Fourth

with any offence other than an offence specified in the

Schedule

Fourth Schedule,

the charge shall, subject to any right of appeal provided by this

or any other enactment, finally be disposed of by a Children's

Court, or if the charge is heard before a court of summary

jurisdiction that is not a Children's Court, by that court of

summary jurisdiction, without prejudice, however, to the

provisions of section 75.

(7) Where a child who has attained the age of fourteen

years is charged with

an

offence specified in the Fourth

Schedule-

(a) proceedings for the child's committal for trial shall,

subject to subsection (I), be heard in a Children's

Court; and

(b)

if, on the termination of those proceedings, the court is

satisfied that the child should be committed for trial,

the court shall so commit the child and shall bind such

child and the witnesses, by recognizance to appear at

the court to which such child is committed.

(8)

No direction, whether contained in this or in any

other enactment, that a charge shall be brought before a

Children's Court shall be construed as restricting the powers of

any Resident Magistrate or Justice of the Peace to entertain an

0

application for bail or for a remand and to hear such evidence

as may be necessary for that purpose.

as

73.-(1)

A

Children's Court sitting for the purpose of hearing

to powers of

Children's

a charge against, or an application relating to, a person who is

court.

believed to be a child may, if it thinks fit, proceed with the

hearing and determination of the charge or application notwith-

[The inclusion of this

page is

authorized

by

L.N.

111/2005]