AN ACT for the setting up of a Juvenile Court and to provide for mat ters relating to children and young persons.
Table of Provisions (13)
Statutory Text (13 Articles)
I assent.
(L.S.)
ANTON BUTTIGIEG
President
25th July, 1980
ACT Ne. XXIV of 1980
AN ACT for the setting up of a Juvenile Court and to provide for mat
ters relating to children and young persons.
BE IT ENACTED by the President, by and with the auvice and
consent of the
House of Representatives, in this present Parliament as
sembled, and by the authority of the same, as follows:-
Th i s Act may be cited as the Juvenile Court Act, 1980.
1.
In this Act, unless the context otherwise requires -
"child or young person" means a person who is under the age
of sixteen years;
"guardian" means a tutor or curator and includes a guardian
in fact;
"Minister" means the Minister responsible for justice;
"public officer" has the same meaning as is assigned to it by
section 126 of the Constitution.
(1) T he r e shalI be set up in accordance with the provisions of
this Act, a court of Iaw to be k n ow n as the Juvenile Court for the pur-
pose of hearing charges against, or other proceedings relating to, a child
or young person in accordance with this Act and for the purpose of exer-
cising any other jurisdiction conferred on juvenile courts by or under
this or any other Act, whether before or after the coming into force of
this Act.
(2) Without prejudice to subsection (1) of this section, the
Juvenile Court shall be deemed to be a Court of Judicial Police and
shaH ha ve the same jurisdiction with regard to the hearing of charges
and other proceedings relating to children or young persons which the
Court of Judicial Police, as a Court of Criminal Judicature and as a
Court o f Inquiry, would, but for the provisions of t his Act, have.
C apo 12
(3) A ll the provisions of the Criminal Code and of any other
law applicable to the Court of Judicial Police shall, subject to the pro�
visions of this Act, apply to the Juvenile Court
(4) Judgements and inter1oeutory deerees of the Juvenile
Court shall be subjeet to appeal in the same manner and within the same
time as would apply to judgements and inter1oeutory decrees of the
Court of Judicial Poliee as a Court of Criminal Judieature
Provided that no appeal sha11 lie from a deeision of the Juve
nile Court under subsection (4) of seetion 4 of the Children and Young
Persons (Care Orders) Act, 1980.
(1)
The J uvenile Court shall consist of -
a Magistrate, as Chairman, and
(a)
(b) t'NO other members, who in the opinion of the Prime
Minister are qualified for dealing with juveniles, and of whom one
shall be a woman.
(2) The Chairman and the other members of the J uvenile
Court shall be appointed by the President in accordance with the advice
of the Prime Minister.
(3) A person who is a public officer shall not be eligible to
be appointed as one of the members mentioned in paragraph (b) of sub
section (1) of this section.
(4) The office of a member of the Juvenile Court other than
the Chairman shall become vacant -
(a) at the expiration of five years from the date of his
appointment or at such earlier time as may be specified in the
instrument by which he was appointed; or
(b) if he is removed from office in the same manner and on
the same grounds as a Magistrate may be removed from office; 01'
(c)
if he becomes a public officer.
(5) The Chairman sha11 vacate his office upon the appoint
ment of another Magistrate to act as Chairman of the Juvenile Court or
upon his eeasing to be a Magistrate.
(6)
If the office of a member of the Juvenile Court is vacant
01' if any sueh member is for any reason unable to perform the functions
of his office, the President acting in accordance with the advice of the
Prime Minister may appoint another person to be a temporary member
of that Court and any person so appointed shall, subject to the provisions
of subsections (4) and (5) of this section, cease to be a member when a
person is appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the fUl1ctious of his office, resumes
those functions.
(7) A person appointed as member of the Juvenile Court
other than the Chairman shall, at the beginning of the first sitting of the
Court after his appointment, take in open court an oath to discharge
his functions honestly and impartially and according to law; he shall
otherwise be bound by the same obligations, mutatis mutandis, arising
out of the form of the oath of office prescribed for Magistrates.
(8) The members of the Juvenile Court may abstain or be
challenged in the same cases in which, according to law, a Magistrate
may abstain of b0 challenged. Any question regarding any cause of
abstention or challenge and any question which is of law alone or which
concerns the admissibility of evidence, the competency of witnesses as
well as all questions relating to procedure, shall be decided by the Chair
man alone.
(9) Subject to subsection (8) of this section any decision of
the Juvenile Court shall be taken by a majority of votes and shall be
delivered by the Chairman.
(1) The Juvenile Court shall hold sittings in Malta and in Sittings of the
Gozo at such regular intervals as may be necessary to expedite its JuveniIe Court.
business, and may also sit on Saturdays. The day and time of each sitting
shall be determined by the Chairman.
(2) The Minister shall, by notice in the Gazette, determine
the building or bui1dings where the Juvenile Court shall sit in Malta and
in Gozo.
(l) Where in the course of any proceedings before the Juve- Competence of
nile Court it appears to the Court that the person charged or to whom the Juvenile
the proceedings relate has attained the age of sixteen years, the said Court.
Court may, if it thinks it undesirable to adjoum the case and refer it
to the competent Court of Judicial Police, proceed with the hearing and
determination of the case
Provided that where the Court proceeds with the hearing and
determination of the case as aforesaid, the case shall be heard and
determined by the Chairman alone and the other members shall abstain
from taking further cognizance of the case.
(2) Where in the course of any proceedings before a Court
of Judicial Police it appears to the Court that the person charged or to
whom the proceedings relate is under the age of sixteen years, the said
Court shall adjourn the case and rerer it to the Juvenile Court which
shall proceed with the hearing and determination of the case as if the
proceedings had been commenced before the said J uvenile Court.
(3) Notwithstanding th0 provisions of section 3 of this Act,
and of subsections (1) and (2) of t11is section, the Juvenile Court shall
not be competent to hear charges against, 01' other proceedings relating
to, a child or young per son who is charged jointly with any other person
not being a child or young person.
No person other than the mernbers and officers of the Juveni1e Exclusion of
Court and of the prosecution, the parties to the case and their counsel the public from
hearings.
Of other members of the 1egal profession, representatives of the Ministry
responsible for Social Welfare, witnesses or other persons directly con
cemed in the case, the parent or other relative or the guardian of the
child or young person charged or concerned in the proceedings, and
bona tide representatives of newspapers, shall, except by leave of the
J uvenile Court, be present at a sitting of the same or in any place
adjacent to the room in which the hearing of the case or proceedings
is held.
Without prejudice to anything contained in any other law, Restrictions on
(1)
and subject as hereinafter provided, no newspaper report of, or sound reports of
proceedings in
or television broadcast relating to, any pfoceedings in the Juveni1e Court the J u v e n i le
shall reveal the name, address Of school, or incIude any particulars Court.
calculated to le ad to the identification, of any child or young person
concerned in those proceedings, either as being the person against or in
.
.
.
respect of whom the proceedings are taken or as bemg a wltness �� erem,
nor shall any picture be published in any newspaper or on television as
being or inc1uding a picture of any child or young person so concerned
in any such proceedings as aforesaid
Provided that the Juvenile Court or the �v'Iinister may in any
case, if satisfied that it is appropriate to do so for the purpose of avoid
ing injustice to a child or young person, by order dispense with the
requirements of this subsection in relation to him to such extent as may
be specified in the order.
(2) Any person who p ub1i s h e s or broadcasts any matter in
contravention of subsection (1) of this section shall be gui1ty of contempt
of the authority of the Juvenile Court and shall be liable to a fine
(ammenda or multa) or to detention in terms of the Criminal Code. sav
ing always any otber punishment to which the offender may be liable
according to law in respect of any other offence arising from the said
publication or broadcast
Provided that in respect of such other offence separate proceed
ings must be instituted, according to law.
(3) Without prejudice to the powers of the Juvenile Court
conferred on it by subsections (2) and (3) of section 3 of this Act, if the
Police become aware of the publication or broadcast of any matter in
contravel1tion of subsection (1) of this section, they shall forthwith in
form the Juvenile Court and shall carry out such directions as the
Juvenile Court shall give, orally or in writing, for proceedings to be
taken before the said Court against the offender, either by summOllS or
by arrest.
(1) Where, in any pro�eedings before any court of criminal
justice in relation to all offence against, or any conduct contrary to,
decency or morality, a child or young p e r s o n is calIed as a witness. the
court may direct that any person, other than the persoDs mentioned
in section 7 of this Act, be exc1uded from the court during the taking of
the evidence of the witness.
(2) T h e powers conferred on a court by this section shall be
in addition and 'Nithout prejudice to any other powers of the court to
hold its sittings with c10sed doors.
1',"[0 child or young per son who is not accompanied by his
parent or other relative or guardian shall be permitted to be present in
any court of criminal justice during the trial of any person charged with
an offence or during any proceedings preliminary thereto; and any child
or young perSOl1 p res e n t in court who is unaccompanied as aforesaid
shall be ordered to be removed by the court unless he is the person
charged with the offence, or except during such time as h is presence is
required as a witness or otherwise for the purposes of justice.
(l) Th e prOVlS10ns of section 7 of this Act shall mutatis
mutandis apply to any court of crirninaI justice where the person or one
of the persons charged or indicted, or where the appel.lant or the respond
eriminal j ustice.
ent or one of the appellants or one of the respondents, is a child or
young person.
(2) The provisions of s e c t i o n 8 of this Act shall mutatis
mutandis apply to p r o ce e ding s before any court of criminal justice.
A
The Minister shall have power to make regulations for pre- Power to
scribing the remuneration payable to the members of the Juvenile Court make
regulations.
other than the Chairman.
Repeal of
The Juvenile Courts Ordinance is hereby repea1ed.
Passed by the House of Representatives at Sitting No. 417 of the 21st Ju1y, 1980.
C. AGIUS
Speaker
C. MIFSUD
Clerk to the House of Representatives
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