|
.
IN exercise of the powers
conferred on the Commissioner
responsible for Social Welfare by
section 351 (5) of the Criminal
Procedure Code, 1960 (Act 30)
these Regulations are made this
17th day of March, 1972.
Regulation 1—Fit Person Orders.
(1) Every fit person order made
under Part IX of the Criminal
Procedure Code, 1960 (Act 30)
shall specify the age and
religious persuasion (if any) of
the juvenile.
(2) The person to whose care a
juvenile is committed by any fit
person order shall, while the
order is in force, have the same
rights and be subject to the same
liabilities in respect of the
maintenance of the juvenile as if
he were his parent or guardian.
Regulation 2—Supervision Orders.
(1) Where a supervision order has
been made under Part IX of the
Criminal Procedure Code, 1960 (Act
30), the probation officer or
other person appointed by the
Court shall read and explain the
order to the juvenile in respect
of whom it is made.
(2) A supervision order may
contain a direction as to the
place of residence of the juvenile
in respect of whom it is made.
(3) Where the probation officer or
other person named in a
supervision order is for any
reason unable to carry out his
duties under the order or where
the Director of Social Welfare and
Community Development considers
that another person should be
appointed in his place, the Court
may appoint another person to
carry out his duties under the
order.
Regulation 3—Contribution Towards
Maintenance.
(1) Where a Court makes a fit
person or detention order in
respect of a juvenile, the Court
may further order, subject to
paragraph (3) of this regulation,
that the parent or guardian of the
juvenile shall pay to the
Government such contribution (not
exceeding ¢10.00 per month)
towards the cost of maintaining
the juvenile under the order as
the Court thinks reasonable after
due enquiry, and having regard to
the means of the parent or
guardian of the juvenile.
(2) Where the Court makes no order
for maintenance under paragraph
(1) of this regulation, the
Director of Social Welfare and
Community Development may at any
time apply to the Court which made
the fit person or detention order,
to make an order in respect of
maintenance of the juvenile under
paragraph (1) of this regulation.
(3) No order under this regulation
shall be made against any parent
or guardian for the maintenance of
a juvenile unless seven days'
notice in writing is given to such
parent or guardian of the proposed
order so as to enable him to
appear before the Court and show
cause why the proposed order
either should not be made or
should be varied.
(4) Where the Court makes a fit
person order, it may order that a
sum not exceeding ¢10.00 a month
be paid out of the Consolidated
Fund to the fit person to whom the
juvenile, in respect of whom the
fit person order was made, has
been committed for the period
during which he remains in the
care of that fit person.
(5) Any payment which any person
is ordered to make under this
regulation may be recovered from
him by distress and sale in
accordance with section 317 of the
Criminal Procedure Code, 1960 (Act
30).
Regulation 4—Application to Vary
Order and Appeal.
The Director of Social Welfare and
Community Development or any
person against whom an order to
pay maintenance is made under
regulation 3 may—
(a) apply at any time to the Court
which made the order for a
variation of the order;
(b) appeal against the making of
such order or against any refusal
to make or vary such order—
(i)
to the Circuit Court from an
original decision of a District
Court or of a Juvenile Court; or
(ii) to the High Court from an
original decision of a Circuit
Court.
Regulation 5—Detention or Fit
Person Order may be Substituted.
Where a supervision order has been
made the probation officer or
other person appointed by the
Court in such order to supervise
the juvenile may subsequently, if
it appears in the best interest of
the juvenile to do so, bring him
before the Court which may
thereupon, in accordance with Part
IX of the Criminal Procedure Code,
1960 (Act 30),—
(a) make a detention order sending
the juvenile to an Industrial
School; or
(b) make a fit person order.
Regulation 6—Power to Discharge
Juveniles.
Notwithstanding anything in these
Regulations, the Commissioner may
at any time order a juvenile
committed to the care of a fit
person to be discharged from such
care, subject to such conditions,
if any, as the Commissioner may
think desirable.
MAJOR K. ASANTE
Commissioner Responsible for
Social Welfare
Date of Gazette Notification: 24th
March, 1972.
|
