CHAPTER 53
JUVENILES ACT

Arrangement of Sections

   Sections

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
PROTECTION OF JUVENILES

GENERAL PROVISIONS

   3.   Approval of societies

   4.   Fit person

   5.   Appointment of Commissioner for juvenile welfare

   6.   Appointment of juveniles inspectors

   7.   Duties of Commissioner for juvenile welfare and juveniles inspectors

   8.   Powers of Commissioner for juvenile welfare and juveniles inspectors

JUVENILES IN NEED OF CARE

   9.   Definition of “in need of care”

   10.   Powers of juvenile courts in respect of juveniles in need of care

   11.   Power of juvenile court to vary or revoke order

   12.   Power to transfer case from one juvenile court to another

   13.   Disposal of juveniles in respect of whom a scheduled offence has been committed

   14.   Refractory juveniles

   15.   Proceedings in respect of juveniles in need of care

   16.   Warrant to search for and remove juvenile

   17.   Power of parent to oppose application

   18.   Interim orders to place of safety

FIT PERSONS

   19.   Provisions as to orders of committal to fit persons

   20.   Contents of order of committal to care of fit person

   21.   Duration of order

   22.   Power of fit person over juvenile committed to his care

   23.   Powers of Commissioner for juvenile welfare to board out juveniles

   24.   Juveniles may be boarded out by fit persons

   25.   Power to arrange emigration

   26.   Application for order of committal to be varied or revoked

   27.   Application by fit person for transfer of juvenile to approved school

   28.   Escapes from care of fit person

   29.   Power to discharge

   30.   Rules

CUSTODY OF JUVENILES

   31.   Application for custody of juvenile

RECEIVING CHILDREN FOR REWARD

   32.   Notices to be given by persons receiving children for reward

   33.   Penalties for failure to give notices

   34.   Persons prohibited from receiving foster children

   35.   Power to prevent overcrowding of foster children

   36.   Removal of foster children from unsuitable premises or persons

   37.   Notice to coroner

   38.   Avoidance of insurance on lives of foster children

   39.   Provisions as to notices

   40.   Prohibition of anonymous advertisements offering to receive foster children

   41.   Penalties

   42.   Exemptions

VOLUNTARY HOMES

   43.   Notices and records in connection with voluntary homes

   44.   Restriction on managers of voluntary homes

   45.   Inspection of voluntary homes and removal of juveniles therefrom

OFFENCES AGAINST JUVENILES

   46.   Cruelty to juveniles

   47.   Causing or encouraging the prostitution of girls under sixteen

   48.   Allowing persons under sixteen to be in brothels

   49.   Power to bind over persons having the custody of young girls

   50.   Causing or allowing children to be used for begging

   51.   Giving intoxicating or spirituous liquor to children

   52.   Causing or allowing children to be in bars of licensed premises

CHILDREN AT ENTERTAINMENTS

   53.   Restriction on children taking part in entertainment

   54.   License to take part in entertainment

   55.   Safety of children at entertainments

MISCELLANEOUS

   56.   Interpretation of Part II

   57.   Validation and saving

PART III
JUVENILE DELINQUENTS

PRELIMINARY PROCEEDINGS

   58.   Prevention of juveniles associating with adults during detention

   59.   Bail of juveniles arrested

   60.   Custody of juvenile not released on bail after arrest

   61.   Remand or committal to custody in a remand prison or place of safety

   62.   Custody of juveniles in remand prisons

ESTABLISHMENT AND PROCEDURE OF JUVENILE COURTS

   63.   Establishment of juvenile courts

   64.   Procedure in juvenile courts

   65.   Assignment of certain matters to juvenile courts

   66.   Miscellaneous provisions as to powers of juvenile courts

   67.   Power of other court to transfer offenders to juvenile courts

   68.   Abolition of the use of the words “conviction” and “sentence” in respect of juveniles

   69.   Costs

   70.   Removal of disqualifications attaching to felony

   71.   Rules of court juvenile offenders section

   72.   Restriction on punishment of juveniles

   73.   Methods of dealing with offenders

   74.   Powers of court in respect of fines, etc.

PART IV
ADMINISTRATIVE PROVISIONS

APPROVED SCHOOLS

   75.   Establishment of approved schools

   76.   Regard to be had to religious persuasion of person committed to approved school

   77.   Contents of approved school order

   78.   Authority of approved school order

   79.   Confirmation of approved school order by High Court

   80.   Conveyance of juveniles to approved schools

   81.   Supervision of approved schools

   82.   Classification of approved schools

   83.   Removal of juveniles from one approved school to another

   84.   Leave of absence

   85.   Commutation of committal order

   86.   Extension of period of detention in approved school

   87.   Release on license

   88.   Supervision and recall after expiration of order

   89.   Powers and duties of managers of an approved school towards persons on license or under supervision

   90.   Rules

REFORMATORIES

   91.   Establishment of reformatories

   92.   Contents of reformatory order

   93.   Authority of reformatory order

   94.   Conveyance of juvenile to receiving centre

   95.   Control and supervision of reformatories

   96.   Officers in charge of reformatories

   97.   Inspection of reformatories

   98.   Classification of reformatories

   99.   Leave of absence

   100.   Removal of person from one reformatory to another

   101.   Commutation of reformatory order

   102.   Extension of period of detention in reformatory

   103.   Power to discharge

   104.   Release on license

   105.   Supervision and recall after expiration of order

   106.   Powers and duties of officer in charge of reformatory towards persons on license or under supervision

   107.   Rules

ESCAPES

   108.   Escapes from approved schools and reformatories

PART V
SUPPLEMENTAL

FINANCIAL PROVISIONS

   109.   Contribution to be made by parents

   110.   Contribution orders

   111.   Affiliation orders

   112.   Variation of trusts for maintenance of juvenile

   113.   Grants-in-aid

REMOVAL OF PERSONS OUT OF ZAMBIA

   114.   Power to enter into agreements

   115.   Removal of persons out of Zambia

   116.   Detention pending removal

   117.   Appeals after removal

PROVISIONS IN RELATION TO COURT PROCEEDINGS IN WHICH JUVENILES ARE INVOLVED

   118.   Presumption and determination of age

   119.   Sittings of juvenile courts

   120.   Children not allowed in court

   121.   Power to clear court

   122.   Evidence of a child of tender years

   123.   Prohibition of publication of certain matters

   124.   Power to proceed with case in absence of juvenile

   125.   Extension of power to take depositions

   126.   Admission of deposition of juvenile

   127.   Attendance in court of parent of juvenile

PART VI
MISCELLANEOUS

   128.   Evidence of husband or wife of accused person

   129.   Evidence of wages

   130.   Appeals

   131.   Provisions as to documents, etc.

   132.   Power to amend Second Schedule

   133.   Regulations

   134.   Transitional provisions

   135.   Repeal and saving

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

to make provision for the custody and protection of juveniles in need of care; to provide for the correction of juvenile delinquents; and to provide for matters incidental to or connected with the foregoing.

[4th May, 1956]

Act 4 of 1956,

Act 15 of 1957,

Act 35 of 1959,

Act 41 of 1960,

Act 1 of 1961,

Act 47 of 1963,

Act 53 of 1963,

Act 30 of 1964,

Act 56 of 1965,

Act 20 of 1966,

Act 34 of 1966,

Act 1 of 1967,

Act 25 of 1969,

Act 27 of 1969,

Act 13 of 1994,

Act 3 of 2011.

GN 276 of 1964,

GN 497 of 1964,

GN 503 of 1964.

SI 63 of 1964.

PART I
PRELIMINARY

1.   Short title

   (1) This Act may be cited as the Juveniles Act.

   (2) In the application of this Act to juveniles, the provisions of African customary law shall be observed unless the observance of such customary law would not be in the interests of such juveniles.

[S 1 am by GN 276 of 1964.]

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“approved school” means a school approved by the Minister under sub-section (1) or deemed to be an approved school under sub-section (2) of section 75;

“approved school order” means an order made by a court requiring a juvenile to be sent to an approved school;

“child” means a person who has not attained the age of sixteen years;

“contribution order” has the meaning assigned to it by section 110;

“foster child” has the meaning assigned to it by sub-section (4) of section 32;

“guardian”, in relation to a juvenile includes any person who, in the opinion of any court having cognizance of a case in relation to the juvenile or in which he is concerned, has for the time being the charge of or control over such juvenile;

“in need of care” has the meaning assigned to it by section 9;

“intoxicating liquor” has the meaning assigned to it by section 2 of the Liquor Licensing Act;

“juvenile” means a person who has not attained the age of nineteen years; and includes a child and a young person;

“juvenile adult” means—

      (a)   a person who has attained the age of nineteen years but has not attained the age of twenty-one years; and

      (b)   a person who has attained the age of twenty-one years but has not attained the age of twenty-five years and whose classification as a juvenile adult has been expressly sanctioned by the Minister;

“juvenile adult reformatory” includes any division of a prison or juvenile reformatory established as a reformatory for juvenile adults;

“juvenile court” has the meaning assigned to it by section 63;

“legal guardian”, in relation to a juvenile, means a person appointed according to law to be his guardian by deed, will or order of a court;

“managers”, in relation to an approved school or other institution, means the persons for the time being having the management or control thereof;

“place of safety” includes any institution, police station, or any hospital or surgery, or any other suitable place the occupier of which is willing temporarily to receive a juvenile, but does not include any remand prison, prison or detention camp;

“probation officer” means any person appointed under the Probation of Offenders Act;

“probation order” has the meaning assigned to it by section 3 of the Probation of Offenders Act;

“public place” includes any street and any building, place or conveyance to which for the time being the public are entitled or permitted to have access either with or without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meeting or assembly or as an open court;

“receiving centre” means any reformatory or part thereof declared to be a receiving centre under section 91;

“reformatory” means a reformatory established by the Minister under section 91;

“reformatory order” means any order ordering a person to be detained in a juvenile reformatory or a juvenile adult reformatory;

“remand prison” means a place established as a remand prison under section 3 of the Prisons Act;

“scheduled offence” means any of the offences mentioned in the First Schedule;

“scheduled territory” means any country mentioned in the Second Schedule;

“street” includes any highway, market place, square, bridge, road, footway, alley, or passage, whether a thoroughfare or not, lawfully used by the public;

“voluntary home” means any home or other institution for the boarding, care and maintenance of Juveniles, being a home or other institution supported wholly or partly by voluntary contributions;

“young person” means a person who has attained the age of sixteen years, but has not attained the age of nineteen years.

   (2) Reference in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

[S 2 am by Act 53 of 1963; GN 276 of 1964; Act 25 of 1969.]

PART II
PROTECTION OF JUVENILES

GENERAL PROVISIONS

3.   Approval of societies

   (1) The managing committee or governing body of any association of persons working for the care, protection or control of juveniles may apply to the Minister for the society to be approved by him for that purpose, and the Minister may, after making such inquiries as he may think fit, approve the society for that purpose and may issue a certificate of approval accordingly.

   (2) If the Minister considers that the continuance of such approval is unnecessary or undesirable, he may, by notice served on the managing committee or governing body of the society, withdraw the certificate of approval of the society as from a date to be specified in the notice, not being less than three months after the date of the notice, and upon the date so specified, unless the notice is previously withdrawn, the society shall cease to be an approved society.

   (3) The managing committee or governing body of any approved society may, on giving not less than three months’ notice to the Minister in that behalf, surrender the certificate of approval of the society, and at the expiration of the said notice, unless previously withdrawn, the society shall cease to be an approved society.

   (4) No juvenile shall be committed or received into the care of an approved society under the provisions of this Act after the date of the receipt of any notice given under sub-sections (2) and (3), but the obligations of the approved society with respect to juveniles under their care at such date shall continue until the withdrawal or surrender of the certificate of approval takes effect when the Commissioner for juvenile welfare shall make application under sub-section (1) of section 26 in respect of any juvenile who was at the time of such withdrawal or surrender under the control of the society, so that such juvenile may be suitably dealt with.

   (5) The Minister shall, within one month of the date thereof, cause any grant of a certificate of approval or any notice of withdrawal or intention to surrender given in respect of any such certificate to be published in the Gazette.

[S 3 am by GN 276 of 1964.]

4.   Fit person

For the purposes of the provisions of this Act relating to the making of orders committing juveniles to the care of fit persons—

      (a)   the Commissioner for juvenile welfare; or

      (b)   an approved society; or

      (c)   a person appointed for this purpose by the court;

shall be deemed to be a fit person and accordingly orders may be made committing juveniles to the care of the said Commissioner, or to the care of any such society or person willing to undertake the care of such juveniles.

[S 4 am by Act 35 of 1959.]

5.   Appointment of Commissioner for juvenile welfare

The President may, by Gazette notice, appoint a Commissioner for juvenile welfare.

6.   Appointment of juveniles inspectors

   (1) The President may, by Gazette notice, appoint as juveniles inspectors such persons as he may think fit.

   (2) In any District in which no Juveniles inspector appointed under the provisions of sub-section (1) is stationed, the District Secretary of the District shall, for the time being, be a juveniles inspector.

[S 6 am by GN 503 of 1964.]

7.   Duties of Commissioner for juvenile welfare and juveniles inspectors

   (1) The Commissioner for juvenile welfare and a juveniles inspector shall perform such duties as may be entrusted to them by this or any other Act.

   (2) The Commissioner for juvenile welfare may authorise a Juveniles inspector to exercise or perform all or any of the powers and duties which are entrusted to the said Commissioner under the provisions of this or any other Act.

[S 7 am by Act 1 of 1961.]

8.   Powers of Commissioner for juvenile welfare and juveniles inspectors

   (1) The Commissioner for juvenile welfare and a juveniles inspector may, at any reasonable time and for the proper performance of their duties, enter—

      (a)   any institution or dwelling of any person, society or body in whose custody a juvenile has been placed under this Act; or

      (b)   any dwelling in which a foster child is kept; or

      (c)   any voluntary home;

and make such examination into the state and management thereof as he thinks requisite.

   (2) Any person who obstructs the Commissioner for juvenile welfare or a juveniles inspector in the execution of his duties shall be liable to a fine not exceeding seven hundred and fifty penalty units.

   (3) Any refusal to allow the Commissioner for juvenile welfare or a juveniles inspector to enter any such institution, dwelling or voluntary home in the execution of his duties shall, for the purposes of section16 (which relates to search warrants), be deemed to be a reasonable cause to suspect that a juvenile therein is in need of care.

[S 8 am by Act 13 of 1994.]

JUVENILES IN NEED OF CARE

9.   Definition of “in need of care”

   (1) For the purposes of this Act, a juvenile in need of care means a person who—

      (a)   is a juvenile who, having no parent or guardian or a parent or guardian unfit to exercise care and guardianship or not exercising proper care and guardianship, is either falling into bad associations or is exposed to moral or physical danger or beyond control; or

      (b)   is a juvenile who—

      (i)   being a person in respect of whom any scheduled offence has been committed; or

      (ii)   being a member of the same household as a juvenile in respect of whom such an offence has been committed; or

      (iii)   being a member of the same household as a person who has been convicted of such an offence against a juvenile; or

      (iv)   being a female member of a household whereof a member has committed an offence under section 159 of the Penal Code in respect of another female member of that household; or

      (v)   frequenting the company of any reputed thief or prostitute; or

      (vi)   lodging or residing in a house or the part of a house used by any prostitute for the purposes of prostitution, or is otherwise living in circumstances calculated to cause, encourage, or favour the seduction of the juvenile;

requires care, control or protection.

   (2) For the purposes of this section, the fact that a juvenile—

      (a)   is found destitute; or

      (b)   is found wandering without any settled place of abode and without visible means of subsistence; or

      (c)   is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale); or

      (d)   is found loitering for the purpose of so begging or receiving alms;

shall, without prejudice to the generality of the provisions of paragraph (a) of sub-section (1), be evidence that he is exposed to moral danger.

10.   Powers of juvenile courts in respect of juveniles in need of care

   (1) Any police officer or juveniles inspector having reasonable grounds for believing that a juvenile is in need of care may bring him before a juvenile court, and it shall be the duty of a juveniles inspector to bring before a juvenile court any juvenile who appears to be in need of care unless he is satisfied that the taking of proceedings is undesirable in the interests of such juvenile, or that proceedings are about to be taken by some other person.

   (2) If a juvenile court is satisfied that any person brought before the court under this section is a juvenile in need of care, the court may—

      (a)   order his parents or guardian to enter into recognizance’s to exercise proper care and guardianship; or

      (b)   commit him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him; or

      (c)   without making any other order, or in addition to making an order under either of the last two foregoing paragraphs, make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer or some other person appointed for the purpose by the court; or

      (d)   order him to be sent to an approved school.

   (3) The provisions of section 131 of the Criminal Procedure Code shall apply in relation to recognizance’s under paragraph (a) of sub-section (2) as they apply in relation to recognizance’s to be of good behaviour:

Provided that where a recognizance under the said paragraph is adjudged to be forfeited, the court, if it thinks fit, instead of adjudging the person bound thereby to pay the sum for which he is bound, may adjudge him to pay part only of the said sum or may remit payment of the whole thereof.

[S 10 am by Act 15 of 1957, 53 of 1963.]

11.   Power of juvenile court to vary or revoke order

Any order made by a juvenile court may be varied or revoked at any time by the court making the order or by any other juvenile court acting for the same District.

12.   Power to transfer case from one juvenile court to another

Where a juvenile court finds a juvenile to be in need of care within the meaning of section 9, and the juvenile has his home or usually resides in an area within the jurisdiction of another juvenile court, the court may transfer the case to that other court to be dealt with.

13.   Disposal of juveniles in respect of whom a scheduled offence has been committed

   (1) Any court by which a person has been—

      (a)   convicted of committing a scheduled offence against a juvenile; or

      (b)   committed for trial for any such offence; or

      (c)   bound over to keep the peace towards a juvenile;

may direct that the juvenile be brought before a juvenile court with a view to that court making such order under section 10 as may be proper:

Provided that, if the juvenile has a parent or legal guardian, no order shall be made under this section unless the parent or guardian has been convicted of or committed for trial for the offence, or is under committal for having been, or has been proved to the satisfaction of the court to have been, party or privy to the offence, or has been bound over to keep the peace towards the juvenile, or cannot be found.

   (2) Where any court has, under this section, directed that a juvenile be brought before a juvenile court, it shall notify forthwith a juveniles inspector of that area of such direction and the juveniles inspector shall take all steps necessary to bring the juvenile before a juvenile Court.

   (3) Where a direction is made under this section and any order is subsequently made under section 10 in respect of a person who has been committed for trial, then, if that person is acquitted of the charge, or if the charge is dismissed for want of prosecution, the direction and order shall forthwith be void, except with regard to anything that may have lawfully been done under it.

14.   Refractory juveniles

Where the parent or guardian of a juvenile proves to a juvenile court that he is unable to control the juvenile, the court, if satisfied—

      (a)   that it is expedient so to deal with the juvenile; and

      (b)   that the parent or guardian understands the results which will follow from and consents to the making of the order;

may order that the juvenile be sent to an approved school or may place him under the supervision of a probation officer, for a period not exceeding three years, or may commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.

15.   Proceedings in respect of juveniles in need of care

   (1) Any juveniles inspector or police officer having obtained an order from a magistrate may take to a place of safety any juvenile who is about to be brought before a juvenile court as being in need of care.

   (2) No juvenile may be kept in a place of safety for longer than fourteen days without a renewal of the order.

   (3) Where an application is to be made to a juvenile court for an order under section 10 and the juvenile in respect of whom the application is to be made has not been removed to a place of safety, a summons may be issued requiring him to attend before the court.

   (4) Where under the provisions of this section a juvenile is taken to a place of safety, the person who so takes him shall forthwith send a notice to the juvenile court specifying the grounds upon which the juvenile is to be brought before the court, and shall also send the particulars to the parent or guardian of the juvenile warning him to attend at the court on the date and at the time of the hearing.

   (5) Where an application is to be made to a juvenile court under section 10, the person intending to make the application shall forthwith notify a juveniles inspector for that area of the name and address of the juvenile, the day and the hour when and the nature of the grounds on which he is to be brought before the court.

   (6) A juveniles inspector having received a notice under sub-section (5) shall make such investigations and render available to the court such information as to the home circumstances, health, age, character, and general antecedents of the juvenile as are likely to assist the court.

16.   Warrant to search for and remove juvenile

   (1) If it appears to a magistrate on information on oath laid by any person who, in the opinion of the magistrate, is acting in the interests of a juvenile, that there is reasonable cause to suspect—

      (a)   that the juvenile has been or is being assaulted, ill treated, or neglected in any place within the jurisdiction of the magistrate in a manner likely to cause him unnecessary suffering or injury to health; or

      (b)   that any scheduled offence has been or is being committed in respect of the juvenile; or

      (c)   that the juvenile is otherwise in need of care;

the magistrate may issue a warrant authorising any police officer named therein to search for the juvenile, and, if it is found that he has been or is being assaulted, ill-treated or neglected in manner aforesaid, or that any scheduled offence has been or is being committed in respect of him, or that he is in need of care, to take him and detain him in a place of safety, until he can be brought before a juvenile court, or authorising any police officer to remove him with or without search to a place of safety and detain him there until he can be brought before a juvenile court.

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