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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   (2) A magistrate issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the juvenile to be apprehended and brought before a subordinate court, and proceedings brought against him according to law.

   (3) Any police officer authorised by warrant under this section to search for any juvenile, or to remove any juvenile with or without search, may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove him therefrom.

   (4) Every warrant issued under this section shall be addressed to and executed by a police officer, who shall be accompanied by the person laying the information, if that person so desires, unless the magistrate by whom the warrant is issued otherwise directs, and may also, if the said magistrate so directs, be accompanied by a duly qualified medical practitioner.

   (5) It shall not be necessary in any information or warrant under this section to name the juvenile.

 

17.   Power of parent to oppose application

   (1) Where a juvenile is brought before a juvenile court on an application for an order on the grounds that he is in need of care, the court shall allow his parent or guardian to be heard, if they so wish, in opposition to the application for an order, either personally or by a barrister or solicitor.

   (2) Where the parent or guardian cannot be found or cannot, in the opinion of the court, be reasonably required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purpose of this section.

 

18.   Interim orders to place of safety

If a juvenile court is not in a position to decide what order, or whether any order, ought to be made in respect of a juvenile, the court may make such interim order as it thinks fit for the detention or continued detention of the juvenile in a place of safety:

Provided that any interim order made under this section shall not remain in force for more than fourteen days, but if, at the expiration of that period, the court deems it expedient so to do, it may make a further interim order.

FIT PERSONS

 

19.   Provisions as to orders of committal to fit persons

   (1) Before making an order under this Act committing a juvenile to the care of a fit person, the court shall endeavour to ascertain the religious persuasion of the juvenile, and in selecting the person to whose care the juvenile is to be committed the court shall, if possible, select a person who is of the same religious persuasion as the juvenile or who gives an undertaking that he will be brought up in accordance with that religious persuasion.

   (2) The provisions of sub-section (1) relating to the selection of a fit person shall not apply where the court orders committal to the Commissioner for Juvenile welfare, but the said Commissioner shall take all reasonable steps to ensure that the juvenile is brought up in accordance with his religious persuasion.

[S 19 am by Act 35 of 1959.]

 

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

   (1) Every order committing a juvenile to the care of a fit person shall contain a declaration—

      (a)   as to the age or apparent age; and

      (b)   as to the religious persuasion;

of the juvenile with respect to whom it is made.

   (2) The court which makes an order committing a juvenile to the care of a fit person shall cause a record in the prescribed form, embodying all such information in the possession of the court as is, in the opinion of the court, material to be known by such fit person, to be prepared and transmitted to the fit person.

 

21.   Duration of order

Every order made committing a juvenile to the care of a fit person shall, subject to the provisions of this Act, remain in force until the juvenile attains the age of nineteen years.

 

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

   (1) The person to whose care a juvenile is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were the parent of the juvenile, and the juvenile so committed shall continue in his care notwithstanding any claim by a parent or any other person:

Provided that the authority and control shall not include power to give consent to the marriage of the juvenile or to deal with the property of the juvenile.

   (2) The Commissioner for juvenile welfare may, when he is satisfied that it is in the interest of the juvenile and on such conditions as he may deem fit, authorise the temporary absence from Zambia of any juvenile committed to his care or to the care of any other fit person.

   (3) Nothing in sub-section (1) shall be deemed to make the Commissioner for juvenile welfare personally liable for the maintenance of a juvenile committed to his care.

[S 22 am by Act 35 of 1959, 1 of 1961.]

 

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

Where a juvenile is committed to the care of the Commissioner for juvenile welfare as a fit person, he may—

      (a)   board out the juvenile with persons whom he considers suitable to undertake the care of the juvenile and who are willing to do so;

      (b)   place the juvenile in any home or institution within Zambia which he considers suitable for the juvenile and the managers of which are willing to undertake the care of such juvenile;

      (c)   place the juvenile in a home or institution in Southern Rhodesia or the Republic of South Africa which he considers suitable for the juvenile and the managers of which are willing to undertake the care of such juvenile:

Provided that no juvenile shall be placed in a home or institution outside Zambia without the written authority of the court which made the order committing the juvenile to the care of the Commissioner for juvenile welfare as a fit person.

[S 23 am by Act 35 of 1959.]

 

24.   Juveniles may be boarded out by fit persons

A fit person, other than the Commissioner for juvenile welfare, may board out juveniles committed to his care for such periods and on such terms as to payment and otherwise as the Commissioner for juvenile welfare may approve:

Provided that, in selecting the person or institute with whom any juvenile is to be boarded out, care shall be taken to select, if possible, a person or institute of the same religious persuasion as the juvenile, or a person or institute which will give an undertaking that he will be brought up in accordance with that religious persuasion.

[S 24 am by Act 35 of 1959.]

 

25.   Power to arrange emigration

The Minister, in any case where it appears to him to be for the benefit of a juvenile, may empower the person to whose care the juvenile has been committed to arrange for his emigration, but except with the authority of the Minister no person to whose care a juvenile has been committed shall arrange for his emigration:

Provided that the Minister shall not empower such a person to arrange for the emigration of a juvenile unless he is satisfied that the juvenile consents or, being too young to form or express a proper opinion on the matter, is to emigrate in company with a parent, guardian, relative or friend, and also that his parents have been consulted or that it is not practicable to consult them.

[S 25 am by GN 276 of 1964.]

 

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

   (1) An order committing a juvenile to the care of a fit person may, on the application of any person, be varied or revoked by a juvenile court acting for the District or place within which the juvenile is residing, and the court by which any such order is revoked may, upon the application of any person, substitute for that order an order placing the juvenile for a specified period not exceeding three years under the supervision of a probation officer or of some other person appointed by the court for that purpose:

Provided that an order under this sub-section placing a juvenile under supervision as aforesaid shall be of no effect after the time at which the juvenile attains the age of nineteen years.

   (2) If on the application of the parent or guardian or any near relative of a juvenile committed by any such order as aforesaid, any court having power to vary or revoke the order is satisfied that he is not being brought up in accordance with his religious persuasion, the court shall, unless a satisfactory undertaking is offered by the person to whose care the child has been committed, either revoke the order or vary it in such manner as the court thinks best calculated to secure that he is henceforth brought up in accordance with that persuasion.

 

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

Where a fit person is of opinion that any juvenile who has been committed to his care and who is under nineteen years of age should be sent to an approved school, he may apply to a juvenile court, and that court may, if it thinks that it is in his interests so to do, order him to be sent to such a school.

 

28.   Escapes from care of fit person

   (1) Any juvenile who runs away from a person to whose care he has been committed under this Act may be apprehended without a warrant and brought back to that person, if he is willing to receive him, and if he is not willing to receive him, he may be brought before a juvenile court having jurisdiction in the place where he was residing immediately before he ran away, and that court may make any order in respect to him which the court might have made if he had been brought before it as being a juvenile who, having no parent or guardian, was beyond control.

   (2) A juvenile who runs away from a person or institution with whom he has been boarded out under section 24 may be apprehended without a warrant and brought back to that person or institution, or to such other person or institution as the Commissioner for juvenile welfare may direct.

   (3) Any person who knowingly—

      (a)   assists, or persistently attempts to induce, or induces a juvenile to run away from a person or institution to whose care he has been committed or with whom he has been boarded out under this Act; or

      (b)   harbours or conceals a juvenile who has so run away, or prevents him from returning;

shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for any term not exceeding six months, or to both.

[S 28 am by Act 13 of 1994.]

 

29.   Power to discharge

The Minister may, at any time in his discretion, discharge a juvenile from the care of the person to whose care he has been committed or from an approved school and any such discharge may be granted either absolutely or subject to conditions.

[S 29 am by GN 276 of 1964.]

 

30.   Rules

The Minister may, by statutory instrument, if he thinks fit, make rules as to the manner in which juveniles committed to the care of fit persons are to be dealt with and as to the duties of the persons to whose care they are committed, and may cause any juvenile committed to the care of a fit person to be visited from time to time.

[S 30 am by GN 276 of 1964.]

CUSTODY OF JUVENILES

 

31.   Receiving Children for Reward

   (1) Where the parent of a juvenile applies to any court for the custody of the juvenile and the court is of the opinion that the parent has abandoned or deserted the juvenile, or that he has so conducted himself that the court should refuse to enforce his right to the custody of the juvenile, the court may in its discretion refuse to award the custody of the juvenile to the parent. Application for custody of juvenile

   (2) Where the parent of a juvenile has allowed him to be brought up by another person at that person’s expense for such length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties, the court shall not make an order for the delivery of the juvenile to the parent unless the parent has satisfied the court that, having regard to all the circumstances, it is more advantageous to the juvenile to make the order.

   (3) If at the time of an application by a parent for an order for the custody of a juvenile, the juvenile is being brought up by a person other than the parent, the court may in its discretion, if it orders the juvenile to be given up to the parent, further order that the parent shall pay to such other person the whole of the cost properly incurred by such person in bringing up the juvenile, or such proportion thereof as shall seem to the court to be just and reasonable having regard to all the circumstances of the case.

 

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

   (1) A person who undertakes for reward the care and maintenance of a child apart from his parents, or having no parents, for a longer period than thirty days shall give notice thereof to the Juveniles inspector of the area within which the child is to be maintained—

      (a)   in the case of a child not already in his care, being the first child proposed to be received by him for reward in the premises occupied, or proposed to be occupied, for the purpose, not less than seven days before he receives the child;

      (b)   in the case of any other child not already in his care, not less than forty-eight hours before he receives the child;

      (c)   in the case of a child already in his care without reward, within forty-eight hours after entering into the undertaking; and

      (d)   in the case of a child who is being cared for and maintained for reward at the commencement of this Act, and in respect of whom no notice has been given to the Juveniles inspector, within one month of the commencement of this Act:

Provided that, in proceedings in respect of failure to give any such notice as aforesaid, it shall be a defence for the defendant to prove that he received the child upon an emergency and gave notice within forty-eight hours thereafter.

   (2) For the purposes of this section, an undertaking shall be deemed to be an undertaking for reward if there is any payment or gift of money or money’s worth, or any promise to pay or give money or money’s worth irrespective of whether there is any intention of making profit.

   (3) The notice required by this section shall contain such particulars as may be prescribed.

   (4) A child in respect of whom a notice has been or ought to have been given under this section and who is still living apart from his parents, if any, with the person by whom the notice was, or ought to have been given, is hereinafter referred to as a “foster child”.

   (5) If a person who is maintaining a foster child changes his residence, he shall, at least seven days before so doing, give to the Juveniles inspector notice of the change, and, where the residence to which he removes is situate within the area of another Juveniles inspector, he shall at least seven days before so moving give to that Juveniles inspector the like notice as respects each foster child in his care as he is required to give on the first reception of a foster child:

Provided that, where an immediate change of residence is necessitated by any emergency, a notice under this sub-section may be given at any time within forty-eight hours after the change of residence.

   (6) If a foster child dies, or is removed or removes himself from the care of the person who has undertaken his care and maintenance, that person shall, within forty-eight hours thereof, give to the juveniles inspector and to the person from whom the child was received if his whereabouts are known notice in writing of the death or removal and, in the case of removal, the notice shall also state the name and address of the person, if any, to whose care the child has been transferred.

 

33.   Penalties for failure to give notices

   (1) If any person required to give any notice under either sub-section (5) or (6) of section 32 fails to give notice before the latest time specified for giving the notice, he shall be guilty of an offence and, if the consideration for the care and maintenance of the child in respect of whom the notice ought to have been given consisted in whole or in part of a lump sum, the person failing to give the notice shall, in addition to any other penalty under this Part, be liable to forfeit that sum, or such less sum as the court having cognizance of the case may deem just, and the sum forfeited shall be applied for the benefit of the child in such manner as the court may direct.

   (2) Where under this section any such sum as aforesaid is ordered to be forfeited, the order may be enforced as if it were an order for the payment of a civil debt.

   (3) For the purpose of any enactment by which the time for taking proceedings is limited, an offence under this section shall be deemed to continue so long as the child in respect of whom a notice ought to have been given remains in the care of the offender without any notice having been given.

 

34.   Persons prohibited from receiving foster children

A foster child shall not, without the consent of the juveniles inspector and the approval of the Commissioner for juvenile welfare, be kept—

      (a)   by any person from whose care any child has been removed under this Part; or

      (b)   in any premises from which any child has been removed under this Part by reason of the premises being dangerous or insanitary or so unfit as to endanger the health of a child; or

      (c)   by any person who has been convicted of an offence under sections 46 to 53; or

      (d)   by any person excluded from taking care of a child under the provisions of section 36;

and any person keeping a foster child contrary to this section or causing a foster child to be so kept shall be guilty of an offence.

 

35.   Power to prevent over-crowding of foster children

   (1) The Minister may fix the maximum number of persons under the age of nineteen years who may be kept in any premises in which a foster child is kept, and may also impose conditions to be complied with so long as the number of children kept in the premises exceeds a specified number.

   (2) If the maximum number fixed under this section is exceeded, or if any condition imposed is not complied with, a person who keeps a foster child in those premises shall be guilty of an offence.

[S 35 am by GN 276 of 1964.]

 

36.   Removal of foster children from unsuitable premises or persons

   (1) If a foster child is about to be received or is being kept—

      (a)   in any premises which are overcrowded, insanitary or dangerous; or

      (b)   by any person who, by reason of old age, infirmity, ill health, ignorance, negligence, inebriety, immorality, or criminal conduct, or for any other reason, is unfit to have care of the child; or

      (c)   in any premises, or by any person, in contravention of any of the provisions of this Part; or

      (d)   in an environment which is detrimental to the child;

a subordinate court may, on the application of a juveniles inspector, make an order for the removal of the child to a place of safety until he can be restored to his relatives, or until other arrangements can be made with respect to him; and, upon proof that there is imminent danger to the health and well-being of the child concerned, such court may make the said order ex parte.

   (2) An order made under sub-section (1) may be enforced by a police officer, or any other person authorised by the court making the order; and any person who refuses to comply with such an order upon its being produced or who obstructs any such police officer or person as aforesaid in the enforcement of the order, shall be guilty of an offence.

 

37.   Notice to coroner

   (1) In the case of the death of a foster child, the person who had the care of the child shall, within twenty-four hours of the death, give notice in writing thereof to the coroner of the area within which the body of the child lies, and the coroner shall hold an inquest thereon, unless there is produced to him a certificate of a registered medical practitioner certifying that a practitioner has personally attended the child during his last illness and certifying also the cause of death, and the coroner is satisfied that there is no ground for holding an inquest.

   (2) If the person required to give notice under this section fails to give notice within the time specified for the purpose, he shall be guilty of an offence.

 

38.   Avoidance of insurance on lives of foster children

A person who keeps a foster child shall be deemed to have no interest in the life of the child for the purpose of any law for the time being in force regarding life insurance, and, if any such person directly or indirectly insures or attempts to insure the life of a foster child, he shall be guilty of an offence.

 

39.   Provisions as to notices

   (1) If any person required to give any notice under the provisions of this Part relating to protection of juveniles knowingly makes, or causes or procures any other person to make, any false or misleading statement in any such notice, he shall be guilty of an offence.

   (2) Every notice required by this Part to be given to a juveniles inspector may be delivered to the office of the juveniles inspector or may be sent by post in a registered letter addressed to the juveniles inspector or to a person duly authorised by him to receive such notice. Every such notice required to be given to a coroner shall be delivered at his office or residence.

 

40.   Prohibition of anonymous advertisements offering to receive foster children

   (1) No advertisement indicating that a person or society will undertake, or will arrange for, the care or maintenance of a child shall be published unless that person’s name and residence, or, as the case may be, that society’s name and office, are truly stated in the advertisement.

   (2) Every person who knowingly publishes or causes to be published any advertisement in contravention of the provisions of this section shall be guilty of an offence.

 

41.   Penalties

Any person guilty of an offence under the foregoing provisions of this Part relating to the protection of juveniles for which no other penalty is provided shall be liable to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a term not exceeding six months, or to both and the court may order any child in respect of which the offence was committed to be removed to a place of safety.

[S 41 am by Act 13 of 1994.]

 

42.   Exemptions

   (1) The provisions of this Part relating to the reception of children for reward shall not extend to—

      (a)   any relative or legal guardian of a child who undertakes the care and maintenance of the child; or

      (b)   any hospital, convalescent home, school, or institution which is maintained by a Government department or local authority, or which is, as a whole, otherwise than under this Act, subject to inspection by, or under the authority of, a Government department; or

      (c)   any approved society or fit person to whose care a child has been committed under the provisions of this Act; or

      (d)   any person who, with the consent of the parents or guardians, has undertaken the care of a child who is attending school as a day scholar; or

      (e)   any person who, with the consent of the parents or guardians, undertakes for a period not exceeding six months the care and maintenance of a child during the absence on leave or holiday of such parents or guardians; or

      (f)   any person or body of persons exempted by order of the Minister from the provisions of this Act relating to the reception of children for reward.

   (2) The Minister, having satisfied himself that any institution is being conducted in good faith for the care and protection of children, may issue to the managers of the institution a certificate exempting them from the requirements of sections 32 and thirty-three, and any certificate so granted may at any time be withdrawn by the Minister.

   (3) For the purposes of this section, “relative” means a grandparent, brother, sister, uncle or aunt by consanguinity or affinity, or in consequence of adoption, and, in the case of an illegitimate child, a person who would be so related through the mother if the child were legitimate.

[S 42 am by GN 276 of 1964.]

VOLUNTARY HOMES

 

43.   Notices and records in connection with voluntary homes

   (1) It shall be the duty of the person in charge of a voluntary home to give notice with respect to the establishment of the home to the juveniles inspector of the area within which the home is situate within three months after the commencement of this Act, or, in the case of a home established after the commencement of this Act, within one month of the establishment of the home. The notice to be given under this sub-section shall state—

      (a)   the address of the home;

      (b)   the date on which it was established;

      (c)   the name or names of the manager or managers of the home;

      (d)   the name of the person in charge thereof;

      (e)   the age group of the juveniles for which it is designed to cater; and

      (f)   the race of the juveniles for which it is designed to cater.

   (2) It shall be the duty of the person in charge of a voluntary home to keep records showing the name of every juvenile admitted to the home, and his age and the dates on which he was admitted and discharged, and the name of the person, if any, to whose care he was discharged.

   (3) If any person required to give a notice or keep records under this section fails to give such notice or keep such records he shall be liable to a fine not exceeding one hundred and fifty penalty units and to a further fine not exceeding thirty penalty units in respect of each day during which the default continues after conviction.

[S 43 am by Act 13 of 1994.]

 

44.   Restriction on managers of voluntary homes

   (1) No voluntary home shall be established or maintained under the management of—

      (a)   any person from whose care a juvenile has been removed as being in need of care; or

      (b)   any person who has been convicted of a scheduled offence in respect of a juvenile.

   (2) No person shall employ in any voluntary home any of the persons mentioned in paragraphs (a) and (b) of sub-section (1).

   (3) Any person contravening the provisions of this section shall be liable to a fine not exceeding one thousand five hundred penalty units.

[S 44 am by Act 13 of 1994.]

 

45.   Offences against juveniles

Inspection of voluntary homes and removal of juveniles therefrom—

   (1) A juveniles inspector shall cause any voluntary home within his area to be inspected from time to time unless the home is one which is, as a whole, otherwise than under this Act, subject to inspection by, or is under the authority of, a Government department.

   (2) If a juvenile, while maintained in a voluntary home, is found to be in need of care, a juvenile court having jurisdiction in the area in which the home is situate, in addition to making an order in respect of the juvenile, may cause a summons to be served upon the person in charge of the home and upon such other person as the court may direct, and upon the hearing of the summons may—

      (a)   order the removal of all juveniles from the home; or

      (b)   make an order containing such general and special directions as the court thinks expedient for the welfare of the juveniles in the home:

Provided that no order shall be made unless the court is satisfied that the welfare of the juveniles in the home is endangered.

   (3) An order for the removal of all juveniles from a voluntary home shall operate as an authority to any person named in the order and to any police officer to enter the home and to remove all juveniles therein to a place of safety; and where any juveniles are so removed, it shall be the duty of the person removing them to lodge them in a place of safety until they can be restored to their relatives, or until other arrangements have been made with respect to them.

   (4) Where an order has been made for the removal of all juveniles from a voluntary home, the home shall not be used for the reception of juveniles without the consent of the juveniles inspector of the area within which it is situate, and any person who knowingly permits it to be so used shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units.

[S 45 am by Act 13 of 1994.]

 

46.   Cruelty to juveniles

   (1) If any person who has attained the age of sixteen years and has the custody, charge or care of any juvenile willfully assaults, ill-treats, neglects, abandons or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental suffering), that person shall be liable to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

   (2) For the purposes of this section—

      (a)   a parent or other person legally liable to maintain a juvenile shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him;

      (b)   where it is proved that the death of a child under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the child) while the child was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was when he went to bed under the influence of drink, be deemed to have neglected the child in a manner likely to cause injury to his health.

   (3) A person may be convicted of an offence under this section—

      (a)   notwithstanding that actual suffering or injury to health, or the likelihood thereof, was obviated by the act of some other person;

      (b)   notwithstanding that actual suffering or injury or detriment to health, mind or body has not occurred; and

      (c)   notwithstanding the death of the juvenile in question.

   (4) Upon the trial of any person who is charged with or indicted for infanticide or the manslaughter of a juvenile of whom he had the custody, charge or care, it shall be lawful for the court, if it is satisfied that he is guilty of an offence under this section, to find him guilty of that offence.

   (5) If it is proved that a person convicted under this section was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the juvenile, and had knowledge that the sum of money was accruing or becoming payable, then the maximum amount of the fine which may be imposed under this section shall be twelve thousand penalty units and the court shall have the power, in lieu of awarding any other penalty under this section, to sentence the person convicted to imprisonment for any term not exceeding five years.

   (6) For the purposes of sub-section (5)—

      (a)   a person shall be deemed to be directly or indirectly interested in a sum of money if he has any share in or any benefit from the payment of that money, notwithstanding that he may not be a person to whom it is legally payable; and

      (b)   a copy of a policy of insurance, certified to be a true copy by an officer or agent of the insurance company granting the policy, shall be evidence that the juvenile therein stated to be insured has in fact been so insured, and that the person in whose favour the policy has been granted is the person to whom the money thereby insured is legally payable.

   (7) Nothing in this section shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer lawful punishment to him.

[S 46 am by Act 13 of 1994.]

 

47.   Causing or encouraging the prostitution of girls under sixteen

   (1) If any person having the custody, charge or care of a girl under the age of sixteen years causes or encourages the seduction, unlawful carnal knowledge, or prostitution of, or the commission of an indecent assault upon her, he shall be liable to imprisonment for a term not exceeding two years.

   (2) For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction, unlawful carnal knowledge, or prostitution of, or commission of an indecent assault upon, a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

 

48.   Allowing persons under sixteen to be in brothels

   (1) If any person having the custody, charge or care of a juvenile who has attained the age of four years and is under the age of sixteen years allows that juvenile to reside in or frequent a brothel, he shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

   (2) Nothing in this section shall affect the liability of a person to be charged with an offence under sections one hundred and forty-two and one hundred and forty-three of the Penal Code, but upon trial of a person under those sections, or any one of them, it shall be lawful for the court, if it is satisfied that he is guilty of an offence under this section, to find him guilty of that offence.

[S 48 am by Act 13 of 1994.]

 

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

   (1) Where it is shown to the satisfaction of the magistrate empowered to hold a subordinate court of the first or second class, on the complaint of any person, that a girl under the age of sixteen years is, with the knowledge of her parent or guardian, exposed to the risk of seduction or prostitution or of being unlawfully carnally known, or is living a life of prostitution, the magistrate may adjudge the parent or guardian to enter into a recognizance to exercise due care and supervision in respect of the girl.

   (2) The provisions of the Penal Code with respect to recognizance’s to be of good behaviour (including the provisions as to the enforcement thereof) shall apply to recognizance’s under this section.

 

50.   Causing or allowing children to be used for begging

   (1) If any person causes or procures any child or, having the custody, charge or care of such a child, allows him to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise), he shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding three months, or to both.

   (2) If a person having the custody, charge or care of a child is charged with an offence under this section and it is proved that such child was in any street, premises or place for any such purposes as aforesaid, and that the person charged allowed the child to be in the street, premises or place, he shall be presumed to have allowed him to be in the street, premises or place for that purpose unless the contrary is proved.

   (3) If any person while singing playing, performing or offering anything for sale in a street or public place has with him a child who has been hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or public place for the purpose of inducing the giving of alms.

[S 50 am by Act 13 of 1994.]

 

51.   Giving intoxicating or spirituous liquor to children

If any person gives or causes to be given—

      (a)   to any child under the age of five years any intoxicating liquor;

      (b)   without the consent of his parent or guardian, to any child over the age of five years any intoxicating liquor;

      (c)   to any child any spirituous liquor;

except upon the order of a duly qualified medical practitioner, or in the case of sickness, apprehended sickness or other urgent cause, he shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty penalty units.

[S 51 am by Act 13 of 1994.]

 

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

   (1) The holder of the license of any licensed premises shall not allow a child, other than an infant, to be at any time in the bar of the licensed premises during the permitted hours.

   (2) If the holder of a license acts in contravention of this section, or if any person causes, or procures, or attempts to cause or procure, any child, other than an infant, to go to, or to be in, the bar of any licensed premises during the permitted hours, he shall be liable to a fine not exceeding, in respect of a first offence, sixty penalty units, and in respect of any subsequent offence, one hundred and fifty penalty units.

   (3) If a child, other than an infant, is found in the bar of any licensed premises during the permitted hours, the holder of the license shall be deemed to have committed an offence under this section unless he proves that he had used due diligence to prevent such child from being admitted to the bar or that the child had apparently attained the age of sixteen years.

   (4) Nothing in this section shall apply to the case of any child who is in any railway restaurant car, railway or airport refreshment room or other premises constructed, fitted, and intended to be used in good faith for any purpose for which the holding of a license is merely auxiliary.

   (5) In this section—

“bar”, in relation to any licensed premises, means any open drinking bar or any part of the premises exclusively or mainly used for the sale and consumption of intoxicating liquor;

“the holder of the license of any licensed premises” means—

      (a)   the holder of a license issued under the Liquor Licensing Act;

      (b)   the person authorised to sell traditional beer in accordance with the provisions of the Traditional Beer Levy Act;

      (c)   the secretary of any club registered in accordance with the provisions of the Clubs’ Registration Act;

“infant” means a child up to the apparent age of three years and actually carried by some other person;

“license” means a license issued under the Liquor Licensing Act or the Clubs’ Registration Act and any authority to sell traditional beer in accordance with the provisions of the Traditional Beer Levy Act;

“licensed premises” means—

      (a)   any premises in respect of which a license to sell liquor is in force in accordance with the provisions of the Liquor Licensing Act;

      (b)   a place where traditional beer is sold in accordance with the provisions of the Traditional Beer Levy Act;

      (c)   a club registered in accordance with the provisions of the Clubs’ Registration Act;

“permitted hours” means those hours of the day during which intoxicating liquor may lawfully be supplied in licensed premises.

[S 52 am by Act 13 of 1994.]

CHILDREN AT ENTERTAINMENTS

 

53.   Restriction on children taking part in entertainment

   (1) No child shall, except under license granted by a juveniles inspector, take part whether as performer or attendant in any entertainment in connection with which any charge, whether for admission or not, is made to any of the audience with a view to profit or personal gain; and every person who causes or procures a child, or being his parent allows him, to take part in an entertainment in contravention of this section shall be liable to a fine not exceeding one thousand five hundred penalty units.

   (2) The Minister may exempt any entertainment or class of entertainment from the provisions of this section.

[S 53 am by GN 276 of 1964; Act 13 of 1994.]

 

54.   License to take part in entertainment

A juveniles inspector may grant a license for a child to take part in any specified entertainment or series of entertainments in his area:

Provided that no license shall be granted unless the Juveniles inspector is satisfied that the child is fit to take part in the entertainment, and that proper provision has been made to secure his health and kind treatment, and that his performance shall in no way endanger his life or limbs.

 

55.   Safety of children at entertainments

   (1) Where there is provided in any building an entertainment for children, or an entertainment at which the majority of the persons attending are children, it shall be the duty of the person or persons providing the entertainment to take all reasonable steps to station and keep stationed wherever necessary a sufficient number of attendants, properly instructed as to their duties and not being less than eighteen years of age, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering or leaving the building or any part thereof, and to take all other reasonable precautions for the safety of the children and the prevention of fire.

   (2) Any person failing to fulfill the obligations imposed on him by this section shall be liable to a fine not exceeding one thousand five hundred penalty units.

   (3) Any police officer of or above the rank of Assistant Inspector who has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided in any building may enter such building with a view to ascertaining whether the provisions of sub-section (1) are carried into effect.

[S 55 am by Act 47 of 1963; Act 13 of 1994.]

MISCELLANEOUS

 

56.   Interpretation of Part II

For the purposes of this Part—

      (a)   any person who is the parent or legal guardian of a juvenile or who is legally liable to maintain him shall be presumed to have the custody of him and, as between father and mother, the father shall not be deemed to have ceased to have the custody of him by reason only that he has deserted, or otherwise does not reside with, the mother and the juvenile;

      (b)   any person to whose charge a juvenile is committed by a person who has the custody of him shall be presumed to have charge of the juvenile;

      (c)   any other person having the actual possession or control of a juvenile shall be presumed to have the care of him.

 

57.   Validation and saving

   (1) Where prior to the commencement of Act 35 of 1959, a court has committed a juvenile to the care of the Commissioner for Juvenile welfare, such committal shall not be deemed to be or to have been invalid solely by reason of the fact that, prior to the enactment of Act 35 of 1959, the Commissioner for Juvenile welfare was not a fit person under this Act.

   (2) The Commissioner for Juvenile welfare shall be deemed always to have had the powers conferred upon him by this Act as amended by Act 35 of 1959.

   (3) Nothing in Act 35 of 1959, shall be deemed to render invalid any order validly made prior to the commencement of Act 35 of 1959, committing a juvenile to the care of a fit person.

[S 57 am by Act 35 of 1959.]

PART III
JUVENILE DELINQUENTS

PRELIMINARY PROCEEDINGS

 

58.   Prevention of Juveniles associating with adults during detention

It shall be the duty of the Commissioner of Police to make arrangements for preventing, as far as possible, a juvenile while detained in a police station, or while being conveyed to or from any criminal court, or while waiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with an offence, other than an offence with which the juvenile is jointly charged, and for ensuring that a girl (being a juvenile) shall, while so detained, being conveyed, or waiting be under the care of a woman.

 

59.   Bail of juveniles arrested

Where a person apparently under the age of nineteen years is apprehended, with or without a warrant, and cannot be brought forthwith before a court, the police officer in charge of the police station to which he is brought shall inquire into the case, and may in any case, and—

      (a)   unless the charge is one of homicide or other grave crime; or

      (b)   unless it is necessary in the interest of such person to remove him from association with any reputed criminal or prostitute; or

      (c)   unless the officer has reason to believe that the release of such person would defeat the ends of justice;

shall, release such person on a recognizance, with or without sureties, for such amount as will, in the opinion of the officer, secure the attendance of that person upon the hearing of the charge, being entered into by him, or by his parent or guardian or other responsible person.

 

60.   Custody of juvenile not released on bail after arrest

Where a person apparently under the age of nineteen years having been arrested is not released on recognizance as provided in the last preceding section, the officer in charge of the police station to which such person is brought shall cause him to be detained in a place of safety until he can be brought before a court, unless such officer certifies—

      (a)   that it is impracticable to do so; or

      (b)   that the juvenile is of so unruly or depraved a character that he cannot safely be so detained; or

      (c)   that by reason of the state of health or of the mental or bodily condition of the juvenile it is inadvisable so to detain him;

and the certificate shall be produced to the court before which the person is brought.

 

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

   (1) A court on remanding or committing for trial a juvenile who is not released on bail shall, instead of committing him to prison, commit him to custody in a remand prison or place of safety named in the commitment, to be detained there for the period for which he was remanded or until he is thence delivered in due course of law:

Provided that, in the case of a young person, it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly or depraved a character that he is not a fit person to be so detained.

   (2) A commitment under this section may be varied or, in the case of a young person who proves to be of so unruly or depraved a character that he is not fit to be so detained, revoked by any court acting in or for the place in or for which the court which made the order acted, and, if the order is revoked, the young person may be committed to prison.

 

62.   Establishment and Procedure of juvenile courts

Custody of juveniles in remand prisons—

   (1) Where it is impracticable in a remand prison to separate juveniles from adults detained in custody, a superintendent of prisons may detain any juvenile awaiting trial, or placed on remand by a court, in a suitable dwelling, other than a prison or detention camp, and whilst the juvenile is so detained, he shall be deemed to be in legal custody.

   (2) A juvenile whilst so detained and whilst being conveyed to and from a remand prison shall be deemed to be in legal custody, and if he escapes shall be guilty of an offence and may be apprehended without warrant and brought back to the remand prison in which he was detained.

 

63.   Establishment of juvenile courts

A subordinate court sitting for the purposes of—

      (a)   hearing any charge against a juvenile; or

      (b)   exercising any other jurisdiction conferred on juvenile courts by or under this or any other Act;

is in this Act referred to as a juvenile court.

 

64.   Procedure in juvenile courts

   (1) Where a juvenile is brought before a juvenile court for any offence other than homicide or attempted murder, the case shall be finally disposed of in such court.

   (2) After explaining the substance of the alleged offence, the court shall ask the juvenile whether he admits the offence.

   (3) Notwithstanding that the juvenile admits the offence, a juvenile court, other than a court presided over by a senior resident magistrate, resident magistrate or such other magistrate as the <PW:Popup,7.79167,1.53125,Popup>All magistrates empowered to hold a subordinate court of the first or second class designated by GN 972 of 1967.')">1Chief Justice may designate for the purposes of this section, shall in any case where the juvenile is not legally represented then hear the evidence of the witnesses in support thereof.

   (4) At the close of the evidence in chief of each witness, the magistrate shall, if the juvenile is not legally represented, ask the juvenile, and the juvenile’s parent or guardian if present in court, whether he wishes to put any questions to the witness.

   (5) If in any case where the juvenile is not legally represented, the juvenile, instead of asking questions by way of cross examination, makes assertions, the court shall then put to the witness such question as it thinks necessary on behalf of the juvenile and may for this purpose question the juvenile in order to bring out or clear up any point arising out of such assertions:

Provided that where the court puts any questions to a witness in pursuance of this sub-section, the prosecution shall have the right to re-examine the witness upon the answers to such questions.

   (6) If it appears to the court that a prima facie case is made out, the evidence of any witness for the defence shall be heard and the juvenile shall be allowed to give evidence or make a statement.

   (7) If the court is satisfied that the offence is proved, the juvenile shall then be asked if he desires to say anything in extenuation or mitigation of the penalty or otherwise. Before deciding how to deal with him, the court shall, if practicable, obtain such information as to his general conduct, home surroundings, school record, and medical history as may enable it to deal with the case in the best interests of the juvenile, and may put to him any question arising out of such information. For the purpose of obtaining such information or for special medical examination or observation, the court may from time to time remand the juvenile on bail or to a place of detention so, however, that he appears before a court at least once in every twenty- one days.

[S 64 am by Act 30 of 1964.]

 

65.   Assignment of certain matters to juvenile courts

   (1) Subject as hereinafter provided, no charge against a juvenile, and no application or matter whereof the hearing is by this Act assigned to juvenile courts, shall be heard by a subordinate court which is not a juvenile court:

Provided that—

      (i)   a charge made jointly against a juvenile and a person who has attained the age of nineteen years shall be heard by a subordinate court which is not a juvenile court; and

      (ii)   where a juvenile is charged with an offence, the charge may be heard by a subordinate court which is not a juvenile court if a person who has attained the age of nineteen years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and

      (iii)   where in the course of any proceedings before any subordinate court other than a juvenile court, it appears that the person to whom the proceedings relate is juvenile, nothing in this section shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.

   (2) No direction, whether contained in this or any other Act, that a charge shall be brought before a juvenile court shall be construed as restricting the powers of any magistrate to entertain an application for bail or for a remand, and to hear such evidence as may be required for that purpose.

 

66.   Miscellaneous provisions as to powers of juvenile courts

   (1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other Act.

   (2) A juvenile Court sitting for the purpose of hearing a charge against, or an application relating to, a person believed to be a juvenile may, if it thinks fit to do so, proceed with the hearing and determination of the charge or application notwithstanding that it is discovered that the person in question is not a juvenile.

   (3) The attainment of the age of nineteen years by a probationer or a person bound by a recognizance under the provisions of this Act or of the Probation of Offenders Act shall not deprive a juvenile court of jurisdiction to enforce his attendance and deal with him in respect of any failure to observe the conditions of the recognizance or order, or of jurisdiction to vary or to discharge the recognizance or order.

   (4) When a juvenile court has remanded a juvenile for information to be obtained with respect to him, any juvenile court acting for the same District or place—

      (a)   may in his absence extend the period for which he is remanded, so, however, that he appears before a court at least once in every twenty-one days;

      (b)   when the required information has been obtained, may deal with him finally;

and where the court by which he was originally remanded has recorded a finding that he is guilty of an offence charged against him, it shall not be necessary for any court which subsequently deals with him under this sub-section to hear evidence as to the commission of that offence, except in so far as it may consider that such evidence will assist the court in determining in which manner he should be dealt with.

 

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

   (1) Any court by or before which a juvenile is found guilty of an offence other than homicide may, if it thinks fit, transfer the case to a juvenile court acting for the place where the offender was committed for trial, or for the place where the offender resides; and, where any such case is so transferred, the offender shall be brought before a juvenile court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.

   (2) No appeal shall lie against an order of transfer made under this section, but nothing in this sub-section shall affect any right of appeal against the verdict or finding on which such an order is founded, and a person aggrieved by the order of the juvenile court to which the case is transferred may appeal therefrom as if the offender had been tried by, and pleaded guilty before the juvenile court.

   (3) A court by which an order transferring a case to a juvenile court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the juvenile court, and shall cause to be transmitted to the clerk of the juvenile court a certificate setting out the nature of the offence and stating that the offender has been found guilty and that the case has been transferred for the purpose of being dealt with under this section.

 

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

The words “conviction” and “sentence” shall cease to be used in relation to juveniles dealt with by a subordinate court and any reference in any enactment, whether passed before or after the commencement of this Act, to a person convicted, a conviction, or a sentence shall in the case of a juvenile be construed as including a reference to a person found guilty of an offence, a finding of guilty, or an order made upon such a finding, as the case may be.

 

69.   Costs

Where a juvenile is himself ordered by a juvenile court to pay costs in addition to a fine, the amount of the costs shall in no case exceed the amount of the fine.

 

70.   Removal of disqualifications attaching to felony

No conviction or finding of guilty of a juvenile shall be regarded as a conviction of felony for the purposes of any disqualification attaching to felony.

 

71.   Rules of court juvenile Offenders Section

The Chief Justice may, by statutory instrument, from time to time make rules of court for regulating the procedure and practice of juvenile courts, and such of the provisions of the Subordinate Courts Act or of any other enactment as regulate procedure in criminal cases shall have effect subject to any rules so made.

[S 71 am by Act 41 of 1960.]

 

72.   Restriction on punishment of juveniles

   (1) No child shall be sentenced to imprisonment or to detention in a detention camp.

   (2) No young person shall be sentenced to imprisonment if he can be suitably dealt with in any other manner.

   (3) A court shall not order a child to be sent to a reformatory unless the court is satisfied that having regard to his character and previous conduct, and to the circumstances of the offence, it is expedient for his reformation and the prevention of crime that he should undergo a period of training in a reformatory.

 

73.   Methods of dealing with offenders

   (1) Where a juvenile charged with any offence is tried by any court, and the court is satisfied of his guilt, the court shall take into consideration the manner in which, under the provisions of this or any other written law, the case should be dealt with, namely—

      (a)   by dismissing the charge;

      (b)   by making a probation order in respect of the offender;

      (c)   by sending the offender to an approved school;

      (d)   by sending the offender to a reformatory;

      (e)   by ordering the offender to be caned;

      (f)   by ordering the offender to pay a fine, damages or costs;

      (g)   by ordering the parent or guardian of the offender to pay a fine, damages or costs;

      (h)   by ordering the parent or guardian of the offender to give security for the good behaviour of the offender;

      (i)   where the offender is a young person, by sentencing him to imprisonment;

      (j)   by dealing with the case in any other manner in which it may legally be dealt with.

   (2) Whenever a juvenile is found guilty of an offence for which, but for the provisions of this Act, a sentence of imprisonment would have been passed, the court by which the juvenile is found guilty may, instead of passing such sentence of imprisonment, order him to be detained in a reformatory.

   (3) Nothing in this section shall be construed as in any way restricting the power of the Court to pass any sentence or combination of sentences which it is empowered to pass under this or any other written law:

Provided that no Court shall order an offender to be caned in addition to directing that he be sent to an approved school or a reformatory.

[S 73 am by Act 56 of 1965.]

 

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

   (1) Where a Court thinks that a charge against a juvenile is proved, the Court may make an order on the parent or guardian of the juvenile under the last preceding section for the payment of a fine, damages or costs or requiring him to give security for good behaviour, with or without proceeding to the conviction of the juvenile:

Provided that no such order shall be made unless the Court is satisfied that the parent or guardian has conduced to the commission of the offence by neglecting to exercise due care of the juvenile.

   (2) An order made under the last preceding section may be made against a parent or guardian who, having been required to attend, has without reasonable excuse failed to do so, but save as aforesaid no such order shall be made without giving the parent or guardian an opportunity of being heard.

   (3) Any sums imposed and ordered to be paid by a parent or guardian under the last preceding section, or on forfeiture of any security as aforesaid, may be recovered from him by distress and imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the juvenile was charged.

PART IV
ADMINISTRATIVE PROVISIONS

APPROVED SCHOOLS

 

75.   Establishment of approved schools

   (1) The Minister may, by statutory notice, establish approved schools for the reception, maintenance and training of juveniles sent thereto under the provisions of this or any other Act.

   (2) Any institution or school established in any of the scheduled territories which affords sufficient facilities for the education and training of persons who could be sent there in pursuance of the provisions of this Act relating to approved schools may be approved by the President and shall thereupon be deemed to be an approved school for the purposes of this Act.

[S 75 am by GN 276 of 1964.]

 

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

Before making an order under this Act committing a juvenile to an approved school, the court shall endeavour to ascertain the religious persuasion of the juvenile, and in selecting the approved school to which the juvenile is to be committed, the court shall, if possible, select a school for persons of the same religious persuasion as the juvenile, or which gives an undertaking that he will be brought up in accordance with that religious persuasion.

 

77.   Contents of approved school order

   (1) Every approved school order shall contain a declaration—

      (a)   as to the age or apparent age; and

      (b)   as to the religious persuasion; of the juvenile with respect to whom it is made.

   (2) The court which makes an approved school order shall cause a record in the prescribed form, embodying all such material in the possession of the court as is, in the opinion of the court, material to be known by the managers of the school, to be prepared and forwarded to the person in charge of the school.

 

78.   Authority of approved school order

An approved school order shall be an authority for the detention of the person named therein in an approved school—

      (a)   if at the date of the order he has not attained the age of fourteen years, until the expiration of a period of three years or the expiration of four months after he attains the age of fifteen years, whichever is the later;

      (b)   if at the date of the order he has attained the age of fourteen years but has not attained the age of sixteen years, until the expiration of a period of three years from the date of the order; and

      (c)   if at the date of the order he has attained the age of sixteen years, until he attains the age of nineteen years.

 

79.   Confirmation of approved school order by High Court

   (1) No approved school order made by a juvenile court shall be carried into effect until the record of the case or a certified copy thereof has been transmitted to, and the order confirmed by, the High Court.

   (2) Pending the confirmation of an approved school order by the High Court or pending arrangements for the admission of the juvenile to an approved school, the court making the order may make a temporary order committing the juvenile to the care of a fit person to whose care he might be committed under this Act, or to a place of safety, and, subject as hereinafter provided, such temporary order shall have effect until he is sent to an approved school in pursuance of the approved school order:

Provided that a temporary order as aforesaid shall not remain in force for more than twenty- eight days, but if at the expiration of that period the court considers it expedient so to do, it may make a further temporary order.

   (3) Any temporary order may be made under sub-section (2) in the absence of the juvenile.

 

80.   Conveyance of juveniles to approved schools

   (1) The court which makes an approved school order shall cause it to be delivered to the authority or person responsible for conveying the juvenile to his school, and the person who conveys him to his school shall deliver the order to the person in charge of the school.

   (2) Where a juvenile has been ordered to be sent to an approved school, any person who harbours or conceals him after the time has come for him to go to his school shall be liable to a fine not exceeding six hundred penalty units or to imprisonment for a term not exceeding two months, or to both.

   (3) Where a person authorised to take a juvenile to an approved school is, when the time has come for him to go to his school, unable to find him or unable to take possession of him, a subordinate court may, if satisfied by information on oath that same person named in the information can produce the juvenile, issue a summons requiring the person so named to attend at the court on such day as may be specified in the summons and produce the juvenile and, if he fails to do so without reasonable excuse, he shall be guilty of an offence and shall, in addition to any other liability to which he may be subject under the provisions of this Act, be liable to a fine not exceeding one hundred and fifty penalty units.

[S 80 am by Act 13 of 1994.]

 

81.   Supervision of approved schools

All approved schools established under the provisions of sub-section (1) of section 75 shall be under the supervision of the Commissioner for juvenile welfare.

 

82.   Classification of approved schools

All approved schools established under the provisions of sub-section (1) of section 75 shall be classified according to the discipline and training required by the juveniles detained therein.

 

83.   Removal of juveniles from one approved school to another

The Commissioner for juvenile welfare may at any time direct that a juvenile be removed from one approved school within Zambia to another such approved school.

 

84.   Leave of absence

The Commissioner for juvenile welfare may grant leave of absence to any person detained in an approved school within Zambia for such periods and on such conditions as may be prescribed and may at any time revoke such leave and direct such person to return to his school.

 

85.   Commutation of committal order

Where a person detained in an approved school within Zambia is reported to the Minister by the Commissioner for juvenile welfare to be—

      (a)   exercising a bad influence on the other inmates of the school; or

      (b)   through his own default not benefiting from the training in the school;

the Minister may commute the whole or part of the unexpired portion of his committal order to a term of detention in a reformatory.

[S 85 am by GN 276 of 1964.]

 

86.   Extension of period of detention in approved school

If the managers of an approved school within Zambia are satisfied that a juvenile whose period of detention therein is, under the provisions of this Act, about to expire needs further care or training, they may, with the consent of the Minister, detain such person for a further period not exceeding six months:

Provided that a person shall not be detained beyond the date on which he will attain the age of nineteen years.

[S 86 am by GN 276 of 1964.]

 

87.   Release on license

At any time during the period of a person’s detention in an approved school within Zambia, the Commissioner for juvenile welfare may, by a license in writing, permit him to live at his home or elsewhere, and may at any time, by order in writing, revoke such license and require the person to whom it relates to return to the school wherein he was last detained.

 

88.   Supervision and recall after expiration of order

   (1) A juvenile sent to an approved school within Zambia shall, after the expiration of the period of his detention, be under the supervision of the managers of his school—

      (a)   if at the expiration of that period he has not attained the age of fifteen years, until he attains the age of eighteen years;

      (b)   if at the expiration of that period he has attained the age of fifteen years, for a period of three years or until he attains the age of twenty-one years, whichever may be the shorter period.

   (2) The Commissioner for juvenile welfare may, by notice in writing, recall to the school any person under the supervision of a manager who is at the date of the recall under the age of nineteen years:

Provided that—

      (i)   a juvenile shall not be so recalled unless, in the opinion of the Commissioner for juvenile welfare, it is necessary in the interest of such juvenile to recall him;

      (ii)   a juvenile so recalled shall be released as soon as the Commissioner for juvenile welfare thinks that he can properly be released, and in no case shall he be detained after attaining the age of nineteen years.

 

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

   (1) For the purposes of this Act, a juvenile who is out on license under the provisions of section 87, or is under supervision under the last preceding section, shall be deemed to be under the care of the managers of the school in which he was last detained.

   (2) It shall be the duty of the officer in charge of the approved school from which a person is released on license or under whose supervision he is to cause such person to be visited, advised and befriended and to give him assistance (including, if he thinks fit, financial assistance) in maintaining himself and finding himself suitable employment, or, where practicable, to arrange for the continuance of his education.

 

90.   Rules

The Minister may, by statutory instrument, if he thinks fit, make rules as to the management and administration of approved schools established under the provisions of sub-section (1) of section 75, and the treatment and control of Juveniles sent thereto.

[S 90 am by GN 276 of 1964.]

<PW:Popup,5.02083,1.89583,Popup>Powers and duties of the Minister under section 91 to 107 transferred to Minister responsible for home affairs by SI 76 of 1964.')">2REFORMATORIES

 

91.   Establishment of reformatories

The Minister may, by statutory notice—

      (a)   establish reformatories;

      (b)   declare any reformatory or any part thereof to be a receiving centre.

[S 91 am by Act 53 of 1963.]

 

92.   Contents of reformatory order

   (1) Every reformatory order shall contain a statement as to—

      (a)   the age or apparent age; and

      (b)   the religious persuasion;

of the juvenile in respect of whom it is made.

   (2) The court making a reformatory order shall cause a record in the prescribed form, embodying all the information in the possession of the court with respect to the person subject to the order as is, in the opinion of the court, material to be made known to the officer in charge of the receiving centre, to be made and transmitted to such officer.

 

93.   Authority of reformatory order

A reformatory order shall, subject to the provisions of this Act, be authority for the detention of the person named therein for a period of four years.

 

94.   Conveyance of juvenile to receiving centre

   (1) No reformatory order made by a juvenile court shall be carried into effect, except as provided in sub-section (2), until the record of the case or a certified copy thereof has been transmitted to and the order confirmed by the High Court.

   (2) Any juvenile with respect to whom a reformatory order has been made shall be conveyed forthwith to the receiving centre without awaiting the confirmation of the order by the High Court.

   (3) The court making a reformatory order shall cause it to be delivered to the person conveying the juvenile to the receiving centre, and such person shall deliver it to the officer in charge of the centre.

 

95.   Control and supervision of reformatories

   (1) All reformatories shall be under the supervision of the Chief Inspector of Reformatories who shall be the person for the time being holding the office of Commissioner of Prisons.

   (2) The Chief Inspector of Reformatories shall be assisted by boards, to be known as “Reformatory Boards”, established by the Minister by Gazette notice.

   (3) There shall be established a Reformatory Board for each Province in which a reformatory has been established under section 91, and each Board shall consist of a chairman and such other members, not exceeding nine, as the Minister may appoint:

Provided that every such appointment to a Board shall be for a specified period but shall be revocable at any time by the Minister at his pleasure.

[S 95 am by Act 53 of 1963, 34 of 1966, 27 of 1969.]

 

96.   Officers in charge of reformatories

The officers appointed to control and administer a reformatory shall be appointed under and be subject to the provisions of the Prisons Act.

 

97.   Inspection of reformatories

The Chief Inspector of Reformatories shall periodically visit and inspect or cause to be visited and inspected all reformatories.

 

98.   Classification of reformatories

   (1) Reformatories shall be classified according to the discipline and training required by the persons detained therein.

   (2) It shall be the duty of the officer in charge of the receiving centre to consider all the information which may be forthcoming as to the health, character, abilities, conduct, home circumstances, and general antecedents of any juvenile with respect to whom a reformatory order has been made; and thereafter to cause the juvenile to be placed in the reformatory which, in the opinion of that officer, is best suited to the needs of the juvenile.

   (3) A juvenile may be detained in the receiving centre for such period, not exceeding three months as may be necessary for the purposes of sub-section (2):

Provided that any such detention in the receiving centre shall not extend the total period for which he is liable to be detained in a reformatory.

 

99.   Leave of absence

The Chief Inspector of Reformatories may grant leave of absence to any person detained in a reformatory for such periods and on such conditions as he may think fit, and may at any time revoke such leave and direct the person to whom leave was granted to return to the reformatory.

 

100.   Removal of person from one reformatory to another

The Chief Inspector of Reformatories may at any time direct that a person be removed from one reformatory to another:

Provided that the total period of detention of a person so removed shall not be increased thereby.

 

101.   Commutation of reformatory order

Notwithstanding any of the provisions of this Act, when a person detained in a reformatory has attained the age of fourteen years and is reported to the Minister by the Chief Inspector of Reformatories to be—

      (a)   exercising a bad influence on the other inmates of the reformatory; or

      (b)   through his own default not benefiting from the training in the reformatory;

the Minister may commute the whole or part of the unexpired period of the reformatory order made in respect of such person to a term of imprisonment.

 

102.   Extension of period of detention in reformatory

If the officer in charge of a reformatory is satisfied that a person whose period of detention therein is, under the provisions of this Act, about to expire needs further care or training he may, with the consent of the Minister, detain such person for a further period, not exceeding six months:

Provided that a person so detained shall not be detained beyond the date on which he will attain the age of twenty-three years.

 

103.   Power to discharge

A person committed to a reformatory shall be detained in a reformatory for such period, not exceeding four years, as the Chief Inspector of Reformatories may determine, and shall then be released:

Provided that—

      (i)   the Chief Inspector of Reformatories shall not release any such person from a reformatory before the expiration of nine months from the date of the reformatory order;

      (ii)   the Minister may at any time order that any person detained in a reformatory be discharged or may commute the reformatory order under the provisions of section 101.

 

104.   Release on license

At any time during the period of a person’s detention in a reformatory the Chief Inspector of Reformatories may, by a license in writing, permit him to live at home or elsewhere, and may at any time, by order in writing, revoke such license and require the person to whom it relates to return to the reformatory wherein he was last detained.

 

105.   Supervision and recall after expiration of order

   (1) A person sent to a reformatory shall, after the expiration of the period of his detention, be under the supervision of the officer in charge of the reformatory in which he was detained at the date of the expiration of the order—

      (a)   if at the date of his committal he had not attained the age of twelve years, for a period of three years or until he attains the age of sixteen years, whichever shall be the longer period; or

      (b)   if at the date of his committal he had attained the age of twelve years, for a period of three years after the expiration of his period of detention or until he attains the age of twenty- three years, whichever shall be the shorter period.

   (2) The Chief Inspector of Reformatories may, by notice in writing, recall to the reformatory any person under the age of twenty-three years who is under the supervision of an officer in charge of a reformatory:

Provided that—

      (i)   a person shall not be recalled unless, in the opinion of the Chief Inspector of Reformatories, it is necessary in the interest of such person so to recall him;

      (ii)   a person who has so been recalled shall be released as soon as the officer in charge of the reformatory is of opinion that he can properly be released, and in no case shall he be detained for a longer period than six months or after he has attained the age of twenty-three years.

   (3) Where any person has been recalled as aforesaid, he shall, during any period for which he may be detained, be deemed to be detained under the authority of the original reformatory order made in respect of him.

 

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

   (1) For the purposes of this Act, a person who is under the supervision of or out on license from a reformatory shall be deemed to be under the care of the officer in charge of the reformatory.

   (2) It shall be the duty of the officer in charge of the reformatory to cause a person who is under the supervision of or out on license from a reformatory to be visited, advised and befriended, and to give him assistance in maintaining himself and finding suitable employment, or, where practicable, to arrange for the continuance of his education.

 

107.   Rules

The Minister may, by statutory instrument, if he thinks fit, make rules as to the management and administration of reformatories and the treatment and control of persons detained therein.

[S 107 am by Act 53 of 1963; GN 276 of 1964.]

ESCAPES

 

108.   Escapes from approved schools and reformatories

   (1) Any person who has been ordered to be sent to an approved school or to a reformatory and who—

      (a)   escapes from the school or reformatory in which he is detained, or from any hospital, home or other place in which he is receiving medical attention; or

      (b)   being absent from his school or reformatory on temporary leave of absence, or on license, runs away from the person in whose charge he is, or fails to return to the school or reformatory upon the expiration of his leave or upon the revocation of his license; or

      (c)   being absent from his school or reformatory under supervision, fails to return thereto upon being recalled;

may be apprehended without warrant, and may, any other enactment to the contrary notwithstanding, be brought before a court having jurisdiction where he is found or where the school or reformatory is situated; and that court may, not withstanding any limitation contained in this Act upon the period during which he may be detained in an approved school or reformatory, order him to be taken back to his school or reformatory and to have the period of his detention therein increased by such period not exceeding six months as the court may direct.

   (2) Where a person is, under sub-section (1), taken back to a school or reformatory, the period of his detention shall, notwithstanding any limitations contained in this Act upon the period during which he may be detained in an approved school or reformatory, be increased, over and above any increase ordered by a court, by a period equal to the period during which he was unlawfully at large.

   (3) If any person knowingly—

      (a)   assists or persistently attempts to induce or induces a juvenile to commit any such offence as is mentioned in sub-section (1); or

      (b)   harbours and conceals a juvenile who has committed such an offence, or prevents him from returning;

he shall be liable to a fine not exceeding one thousand five hundred penalty units, or to imprisonment for any term not exceeding six months, or to both.

[S 108 am by Act 13 of 1994.]

PART V
SUPPLEMENTAL

FINANCIAL PROVISIONS

 

109.   Contribution to be made by parents

Where an order has been made by a court committing a juvenile to the care of a fit person, or sending him to an approved school, the following persons shall be liable to make contributions in respect of his maintenance, namely:

      (a)   the father and mother of the juvenile so long only as the juvenile has not attained the age of sixteen years; and no payment shall be required to be made by the father or mother of a juvenile under any order made under the provisions of the next following section after the juvenile has attained the age of sixteen years;

      (b)   a juvenile who has attained the age of sixteen years and is engaged in remunerative work shall be liable to make contributions in respect of himself.

 

110.   Contribution orders

   (1) Where an order has been made by a court committing a juvenile to the care of a fit person or sending him to an approved school, the court which makes it may at the same time, and any subordinate court having jurisdiction in the place where the person to be charged is for the time being residing may subsequently at any time, make an order (hereinafter referred to as a “contribution order”) on any person who is, under the last preceding section, liable to make contributions in respect of the juvenile, requiring him to contribute such sums as the court having regard to his means thinks fit, and any court as aforesaid may from time to time vary or revoke such order.

   (2) A contribution order may be made on the application of the person to whose care the juvenile is committed or who is named in the approved school order, and either at the time the committal order is made or subsequently, and the sums contributed shall be paid to such person as the court may name and be applied for the maintenance of the juvenile.

   (3) A contribution order shall remain in force, in the case of a juvenile committed to the care of a fit person, so long as the order for his committal is in force, and in the case of a juvenile ordered to be sent to an approved school, until he ceases to be under the care of the managers of such a school:

Provided that no contribution shall be payable under a contribution order in respect of any period during which a juvenile ordered to be sent to an approved school is out on license or under supervision from such school.

   (4) A contribution order shall be enforceable as an affiliation order and any enactments relating to the enforcement of affiliation orders shall apply accordingly, subject to any necessary modifications.

   (5) A person on whom a contribution order is made shall, if he changes his address, forthwith give notice thereof to the person who was, immediately before the change, entitled to receive the contributions, and if he fails to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units.

[S 110 am by Act 13 of 1994.]

 

111.   Affiliation orders

   (1) Where a juvenile who is ordered by a court to be committed to the care of a fit person or to be sent to an approved school is illegitimate, and an affiliation order for his maintenance is in force, that court may at the same time, and any subordinate court having jurisdiction in the place where the putative father is for the time being residing may subsequently at any time, order the payments under the affiliation order to be paid to the person who is from time to time entitled to receive payments under a contribution order in respect of the juvenile. Applications for orders under this sub-section may be made by the persons by whom, and in the circumstances in which, applications for contribution orders may be made.

   (2) Where an order made under this section with respect to an affiliation order is in force—

      (a)   any powers conferred by any enactment upon subordinate courts, relating to the enforcement of affiliation orders, shall as respects the affiliation order in question be exercisable, and exercisable only, by courts having jurisdiction in the place where the person liable is for the time being residing;

      (b)   any sums received under the affiliation order shall be applied in like manner as if they were contributions received under a contribution order;

      (c)   if the putative father changes his address, he shall forthwith give notice thereof to the person who was immediately before the change entitled to receive payments under the order and, if he fails so to do, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units.

   (3) The making of an order under this section with respect to an affiliation order shall not extend the duration of that order, and that order shall not in any case remain in force (except for the recovery of arrears)—

      (a)   in the case of a juvenile committed to the care of a fit person, after the order for his committal has ceased to be in force;

      (b)   in the case of a juvenile ordered to be sent to an approved school, after he has been released from his school, either absolutely or on license:

Provided that, where an affiliation order would, but for the provisions of this sub-section have continued in force, the mother, or any person entitled to make application for an affiliation order, may apply to a subordinate court having jurisdiction where she is for the time being residing, for an order that the affiliation order may be revived and that payments thereunder may until the expiration thereof be made to the applicant.

[S 111 am by Act 13 of 1994.]

 

112.   Variation of trusts for maintenance of juvenile

   (1) Where a juvenile is by an order of any court made under this Act removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the juvenile, the court may order the whole or any part of the sum so payable under the trust to be paid to any person the court may name, to be applied for the benefit of the juvenile in such manner as, having regard to the terms of the trust, the court may decide.

   (2) An appeal shall lie from an order of a subordinate court made under this section to the High Court.

 

113.   Grants-in-aid

The maintenance of Juveniles detained in places of safety or committed to the care of fit persons may, to the extent that funds from other sources are inadequate for the purpose, be defrayed out of such sums as may from time to time be appropriated for the purpose by Parliament and placed at the disposal of the Commissioner for juvenile welfare:

Provided that such grants-in-aid shall be subject to such conditions as may be laid down by the Commissioner for juvenile welfare. Removal of Persons out of Zambia

 

114.   Power to enter into agreements

   (1) It shall be lawful for the President to enter into any agreement with the Government of any scheduled territory, on such terms and conditions as he may think fit, for the reception into the scheduled territory and the detention in any reformatory, approved school or other institution therein of any person who has been ordered by a court under the provisions of this Act to be detained in a reformatory, approved school or other institution.

   (2) The agreement set forth in the Third Schedule shall be deemed to have been lawfully entered into under the powers conferred by this section.

[S 114 am by Act 53 of 1963; GN 276 of 1964; SI 63 of 1964.]

 

115.   Removal of persons out of Zambia

   (1) Any person who has been ordered under the provisions of this Act to be detained in a reformatory, approved school or other institution may, while still subject to such order, by warrant signed by the President, be removed in custody into any of the scheduled territories in order that he may be detained in any reformatory, approved school or other institution therein in accordance with the law in force in the scheduled territory authorising such detention until the expiration of the order or until he is sooner released according to law.

   (2) No person shall be removed in custody in a scheduled territory under this section unless the original warrant of committal accompanies him.

   (3) Any person in course of removal under a warrant signed under this section shall be deemed to be in lawful custody.

[S 115 am by GN 276 of 1964; SI 63 of 1964.]

 

116.   Detention pending removal

Any person who has been ordered by a court under the provisions of this Act to be detained in a reformatory, approved school or other institution shall, pending his removal to any such reformatory, school or institution in a scheduled territory, be detained in such place and in the custody of such person as the Minister may direct and subject to such conditions as the Minister may prescribe.

 

117.   Appeals after removal

Nothing contained in this Act shall prevent the finding and orders of a court in respect of any person removed hereunder into lawful custody in a scheduled territory from being questioned within Zambia in the same manner as if he had not been so removed, and the order for detention of any such person may be remitted or his discharge ordered in the same manner and by the same authority as if he had not been so removed.

PROVISIONS IN RELATION TO COURT PROCEEDINGS IN WHICH JUVENILES ARE INVOLVED

 

118.   Presumption and determination of age

   (1) Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a juvenile, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order of judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to or estimated by the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person and, where it appears to the court that the person so brought before it has attained the age of nineteen years, that person shall, for the purposes of this Act, be deemed not to be a juvenile.

   (2) Where, in any charge or indictment for any offence under this Act, or for any scheduled offence, it is alleged that the person by or in respect of whom the offence was committed was a juvenile or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a juvenile, or to have been under or to have attained the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been a juvenile or to have been under or to have attained the specified age, as the case may be, unless the contrary is proved.

   (3) Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person in respect of whom the offence is alleged to have been committed was actually of or over that age.

 

119.   Sittings of juvenile courts

   (1) A juvenile court shall sit in a room other than that in which any courts other than juvenile courts ordinarily sit, unless no such other room is available or suitable, and if no such room is available or suitable, the juvenile court shall sit on different days or at different times from those on or at which ordinary sittings are held.

   (2) No person shall be present at any sitting of a juvenile court, or at any sitting of the High Court when hearing charges against a juvenile not jointly charged with a person who is not a juvenile, except—

      (a)   members and officers of the court;

      (b)   parties to the case, their legal advisers, and witnesses and other persons directly concerned in that case;

      (c)   bona fide representatives of newspapers and news agencies;

      (d)   such other persons as the court may specifically authorise to be present.

 

120.   Children not allowed in court

No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice; and any child present in court when under this section he is not permitted to be so shall be ordered to be removed.

 

121.   Power to clear court

   (1) Where, in any proceedings in relation to any offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a juvenile is called as a witness, the Court may direct that all or any persons, not being members or officers of the Court or parties to the case, their counsel or solicitors, or persons otherwise directly concerned in the case, be excluded from the Court during the taking of the evidence of the juvenile:

Provided that nothing in this section shall authorise the exclusion of bona fide representatives of a newspaper or news agency.

   (2) The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

 

122.   Evidence of a child of tender years

Where, in any criminal or civil proceedings against any person, a child below the age of fourteen is called as a witness, the court shall receive the evidence, on oath, of the child if, in the opinion of the court, the child is possessed of sufficient intelligence to justify the reception of the child’s evidence, on oath, and understands the duty of speaking the truth:

Provided that—

      (a)   if, in the opinion of the court, the child is not possessed of sufficient intelligence to justify the reception of the child’s evidence, on oath, and does not understand the duty of speaking the truth, the court shall not receive the evidence; and

      (b)   where evidence admitted by virtue of this section is given on behalf of the prosecution, the accused shall not be liable to be convicted of the offence unless that evidence is corroborated by some other material evidence in support thereof implicating the accused.

[S 122 subs by s 2 of Act 3 of 2011.]

 

123.   Prohibition of publication of certain matters

   (1) In relation to any proceedings in any court—

      (a)   no newspaper report or wireless broadcast of the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any juvenile concerned in the proceedings, either as being the person against or in respect of whom the proceedings are taken, or as being a witness therein;

      (b)   no picture shall be published in any manner as being or including a picture of any juvenile so concerned in the proceedings as aforesaid:

Provided that the court or the Minister may in any case, if satisfied that it is in the interests of justice so to do, by order dispense with the requirements of this sub-section to such extent as may be specified in the order.

   (2) Any person who publishes or broadcasts by wireless any matter in contravention of any such direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units in respect of each offence.

[S 123 am by GN 276 of 1964; Act 13 of 1994.]

 

124.   Power to proceed with case in absence of juvenile

Where, in any proceedings with relation to any scheduled offence, the court is satisfied that the attendance before the court of any juvenile in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the juvenile.

 

125.   Extension of power to take depositions

   (1) Where a magistrate is satisfied by the evidence of a duly qualified medical practitioner that the attendance before a court of any juvenile in respect of whom any scheduled offence is alleged to have been committed would involve serious danger to his life or health, the magistrate may take in writing the deposition of the juvenile on oath, and shall thereupon subscribe the deposition and add thereto a statement of his reason for taking it and of the date when and the place where it was taken, and of the names of the persons (if any) present at the taking thereof.

   (2) The magistrate taking any such deposition shall transmit it with his statement—

      (a)   if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court for trial at which the accused person has been committed; and

      (b)   in any other case, to the clerk of the court before which proceedings are pending in respect of the offence.

 

126.   Admission of deposition of juvenile

Where, in any proceedings in respect of any scheduled offence, the court is satisfied by the evidence of a duly qualified medical practitioner that the attendance before the court of any juvenile in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the juvenile taken under the Criminal Procedure Code or under this Part shall be admissible in evidence either for or against the accused person without further proof thereof if it purports to be signed by the magistrate by or before whom it purports to be taken:

Provided that the deposition shall not be admissible in evidence against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been given to him or that it was taken in the presence of the accused person and that he or his advocate had opportunity of cross-examining the juvenile making the deposition.

 

127.   Attendance in court of parent of juvenile

   (1) Where a juvenile is charged with any offence, or is for any other reason brought before a court, his parent or guardian may in any case, and shall if he can be found and resides within a reasonable distance, be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, unless the court is satisfied that it would be unreasonable to require his attendance.

   (2) Where a juvenile is arrested or taken to a place of safety, the police officer by whom he is arrested or in charge of the police station to which he is brought, or the person by whom he is taken to the place of safety, as the case may be, shall cause the parent or guardian of the juvenile, if he can be found, to be warned to attend at the court before which the juvenile will appear.

   (3) If any parent or guardian who has been required to attend as aforesaid, having received reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the court, he shall be liable to a fine not exceeding three hundred penalty units.

   (4) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual possession and control of the juvenile:

Provided that, if that person is not the father, the attendance of the father may also be required.

   (5) The attendance of the parent of a juvenile shall not be required under this section in any case where the juvenile was, before the institution of the proceedings, removed from the custody or charge of his parent by order of a court.

[S 127 am by Act 13 of 1994.]

PART VI
MISCELLANEOUS

 

128.   Evidence of husband or wife of accused person

In any proceedings against any person for any scheduled offence, the husband or wife of the person charged shall be a competent witness for the prosecution or defence without the consent of such person.

 

129.   Evidence of wages

In any proceedings under this Act, a copy of an entry in the wages book of any employer of labour or, if no wages book be kept, a written statement signed by the employer or a responsible person in his employ, shall be evidence that the wages therein entered or stated as having been paid to any person have in fact been so paid.

 

130.   Appeals

   (1) Appeals may be brought, in manner provided by Part V of the Subordinate Courts Act, by the following persons in the following cases, that is to say—

      (a)   in the case of an order committing a juvenile to the care of a fit person, requiring a juvenile to be sent to an approved school, or placing a juvenile under the supervision of a probation officer or other person, by the juvenile or his parent or guardian on his behalf;

      (b)   in the case of an order requiring a person to enter into a recognizance to exercise proper care and guardianship over a juvenile, by the person required to enter into the recognizance;

      (c)   in the case of an order requiring all or any part of the payments accruing due under an affiliation order to be paid to some other person, by the person who but for the order would be entitled to the payments;

      (d)   in the case of a contribution order, by the person required to contribute.

   (2) Nothing in this section shall be construed as affecting the rights of appeal conferred by sections 67 and 112, or any other right of appeal conferred by this or any other Act.

 

131.   Provisions as to documents, etc.

A document purporting to be a copy of—

      (a)   an order made by a court under or by virtue of any of the provisions of this Act; or

      (b)   an affiliation order referred to in an order under section 111;

shall, if it purports to be certified as a true copy by the clerk of the court by which such order was made, be evidence of such order.

 

132.   Power to amend Second Schedule

The President may, by statutory notice, alter, amend or add to the Second Schedule.

[S 132 am by Act 53 of 1963; GN 276 of 1964; SI 63 of 1964.]

 

133.   Regulations

The Minister may, by statutory instrument, make regulations prescribing anything to be prescribed under this Act.

[S 133 am by Act 53 of 1963; GN 276 of 1964.]

 

134.   Transitional provisions

   (1) Reference in any Act or document to juvenile courts under the Juvenile Offenders Act, Chapter 8 of the 1950 Edition of the Laws, or the Juveniles Act, Chapter 8 of the 1956 Edition of the Laws, shall be construed as including reference to such courts under this Act.

   (2) Any order or warrant made or issued whether by virtue of the Juvenile Offenders Act, Chapter 8 of the 1950 Edition of the Laws, or the Juveniles Act, Chapter 8 of the 1956 Edition of the Laws, shall be deemed to have been made under and by virtue of this Act.

 

135.   Repeal and saving

The Juveniles Act, Chapter 8 of the 1956 Edition of the Laws, is hereby repealed:

Provided that all orders and warrants made or issued under the said Act shall remain in force and be enforced in accordance with the terms thereof.

FIRST SCHEDULE

[Sections 2, 9, 13, 16, 44, 120, 125, 126 and 128]

OFFENCES AGAINST JUVENILES TO WHICH SPECIAL PROVISIONS OF THIS ACT APPLY

The murder or manslaughter of a juvenile; Infanticide;

Any offence against section 136 or 171 of the Penal Code;

Any offence against a juvenile under section 137, 155, 156, 157, 158, 159, 199, 247 or 248 of the Penal Code;

Any offence under section 46, 47, 48, 50 or 54 of this Act;

Any offence under section 8 of the Suicide Act where the person who killed himself is a juvenile; Any other offence involving bodily injury to a juvenile.

[First Sch am by Act 1 of 1967.]

SECOND SCHEDULE

[Sections 2, 75, 115, 116, 117 and 132]

SCHEDULED TERRITORIES

Botswana. Malawi. South Africa. Zimbabwe.

[Second Sch am by S.I. 63 of 1964.]

THIRD SCHEDULE

[Section 114]

AGREEMENT WITH THE UNION

Agreement under Section 14 of the Prisons and Reformatories Act 46 of 1920

WHEREAS it appears that provision has been made by section 14 of the Prisons and Reformatories Act Amendment Act 46 of 1920, authorising the Governor-General of the Union of South Africa to enter into an agreement with the Officer administering the Government of any territory in South Africa south of the Equator (being a portion of the British Dominions or a Territory under the Protection of the Crown), for the purposes specified in the said section;

AND WHEREAS the Administrator of Northern Rhodesia desires to enter into such an agreement as aforesaid;

AND WHEREAS the Officer administering the Government of the Union of South Africa has consented thereto;

NOW, THEREFORE, it is hereby agreed between the Officer administering the Government of the Union of South Africa, and the Administrator of Northern Rhodesia that, subject to the provisions of the said Act, and to conditions hereinafter appearing, an arrangement shall exist—

      (a)   for the reception in the Union and detention in any prison or gaol therein of any person sentenced by a competent court of Northern Rhodesia according to law in force therein to imprisonment with or without hard labour; and

      (b)   for the reception in the Union and detention in any juvenile reformatory or juvenile adult reformatory therein of any person who, being an juvenile or juvenile adult, has been ordered by a competent court of Northern Rhodesia according to law in force therein to be detained in a juvenile or juvenile adult reformatory.

And the Officer administering the Government of the Union of South Africa, and the Administrator of Northern Rhodesia hereby agree on behalf of the Union Government and the Northern Rhodesia Administration, respectively, that when accommodation is available, and the Union Government has agreed to accept any prisoner or juvenile, there shall be paid by the Administrator of Northern Rhodesia to the Union Government in respect of each prisoner or juvenile the sum of three shillings per head per day, or such other amount as may be mutually agreed upon between the Administration and the Prisons Department of the Union of South Africa, and that the Union Government shall be entitled to a refund of any expenses incurred by the latter Department in returning such persons to their homes on discharge from custody.

This Agreement shall take effect as provided by law on the publication of a summary of the terms thereof in the Gazette of the Union of South Africa, and shall be terminated on three months’ notice being given by either of the parties to the Agreement.

Given under my Hand and the Great Seal of the Union of South Africa, at Pretoria this 5th day of November, One Thousand Nine Hundred and Twenty.

J. ROSE INNES,

Officer administering the Government.

Given under my Hand and Seal at Livingstone this 17th day of November, One Thousand Nine Hundred and Twenty.

HUGH C. MARSHALL,

Acting Administrator.

*All magistrate empowered to hold a subordinate court of the first or second class designated by G.N. No. 972 of 1967.

 
 

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