Act of Adjournal (Consolidation) 1988

Procedure

144.  In any case where a child is brought before a court on a complaint the court—

(a) shall explain to the child the substance of the charge in simple language suitable to his age and understanding, and shall then ask the child whether he admits the charge;

(b) if the child has been brought before the court on apprehension, shall inform him that he is entitled to an adjournment of the case for not less than 48 hours;

(c) if the child does not admit the charge, may adjourn the case for trial to as early a diet as is fair to both parties, and in that event shall give intimation or order intimation to be given of such adjourned diet to such child and his parent or guardian: but the court may proceed to trial forthwith if the court considers this to be advisable in the interests of the child or to be necessary to secure the examination of witnesses who would not otherwise be available;

(d) if in any case, where the child is not represented by solicitor or counsel or assisted in his defence under rule 143, the child, instead of asking questions by way of cross-examination, makes assertions, shall then put to the witness such questions as it thinks necessary on behalf of the child and may for this purpose question the child in order to clarify any point arising out of any such assertions;

(e) at the close of the case for the prosecution, shall tell the child that he may give evidence or make a statement and the evidence of any witness for the defence shall be heard;

(f) if satisfied, after trial or otherwise, that the child has committed an offence, shall so inform the child and—

(i) he and his parent or guardian, or other representative, shall be given an opportunity of making a statement;

(ii) shall obtain such information as to the general conduct, home surroundings, school record, health and character of the child as may enable it to deal with the case in his best interests and may remand the child for such enquiry as may be necessary;

(iii) shall take into consideration any report which may be rendered to it by a local authority under section 308;

(g) may receive and consider any written report of a local authority, education authority, or registered medical practitioner without it being read aloud, provided that—

(i) the child shall be told of the substance of any part of the report bearing on his character or conduct which the court considers to be material to the disposal of the case:

(ii) the parent or guardian, or other representative shall, if present, be told the substance of any part of the report which the court considers to be material and which has reference to his character or conduct, or the character, conduct, home surroundings or health of the child; and

(iii) if the child or his parent or guardian, or other representative, having been told the substance of any part of any such report, desires to produce evidence in relation to any matter contained in it, the court, if it thinks the evidence material, shall adjourn the proceedings for the production of further evidence, and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report;

(h) if it considers it necessary in the interests of the child, may require the parent or guardian, or other representative, or the child, as the case may be, to withdraw from the court;

(i) shall, unless it thinks it undesirable to do so, inform the parent or guardian, or other representative, of the manner in which it proposes to deal with the child and shall allow that person to make a statement, if he so desires.