Children and Young Persons (Amendment) Bill

Bill No. 12/2001

Read the first time on 22nd February 2001.
An Act to amend the Children and Young Persons Act (Chapter 38 of the 1994 Revised Edition), to amend the Criminal Procedure Code (Chapter 68 of the 1985 Revised Edition) and to make consequential amendments to certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Children and Young Persons (Amendment) Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2 of the Children and Young Persons Act (referred to in this Act as the principal Act) is amended —
(a)by inserting, immediately after the definition of “approved school”, the following definition:
“ “approved welfare officer” means a person who is appointed by the Director under section 2A(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;”;
(b)by deleting the definition of “Director” and substituting the following definitions:
“ “development” means physical, intellectual, emotional, social or behavioural development;
“Director” means the Director of Social Welfare appointed under section 2A(1) and, in relation to any provision in this Act or any regulations made thereunder in which the word is used, includes any public officer and any other person who is appointed or authorised by the Director under section 2A(3) to perform any of the duties or exercise any of the powers of the Director under that provision;”;
(c)by inserting, immediately after the definition of “guardian”, the following definitions:
“ “health” means physical or mental health;
“ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 4;”; and
(d)by inserting, immediately after the definition of “place of detention”, the following definitions:
“ “place of safety” means any place or institution appointed or declared to be a place of safety under section 27 or any other suitable place the occupier of which is willing temporarily to receive a child or young person;
“protector” means the Director and includes any other person who is appointed by the Director under section 2A(3) to exercise the powers and perform the duties of a protector under this Act or any regulations made thereunder;
“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act (Cap. 174), and includes a dentist registered under the Dentists Act (Cap. 76);
“relevant offence” means —
(a)any offence under Part II;
(b)any offence under Chapter XVI of the Penal Code (Cap. 224); or
(c)any offence involving the causing of bodily injury to a child or young person;”.
New section 2A
3.  The principal Act is amended by inserting, immediately after section 2, the following section:
“Appointment of Director of Social Welfare and other officers
2A.—(1)  The Minister may, by notification in the Gazette, appoint an officer to be the Director of Social Welfare.
(2)  The Director shall be responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister.
(3)  The Director may —
(a)appoint any public officer; or
(b)with the approval of the Minister, in writing authorise any other person,
to perform any of the duties or exercise any of the powers of the Director or a protector under this Act or any regulations made thereunder, subject to such conditions and limitations as may be specified by the Director.
(4)  The Director may appoint any suitably qualified person as an approved welfare officer to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act.
(5)  The Director and any public officer or other person appointed or authorised by him under subsection (3) and any approved welfare officer shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).”.
Repeal and re-enactment of sections 3 and 4
4.  Sections 3 and 4 and the sub-heading “Welfare” of the principal Act are repealed and the following sub-heading and sections substituted therefor:
“Welfare
When child or young person in need of care and protection
3.  For the purposes of this Act, a child or young person is in need of care or protection if —
(a)the child or young person has no parent or guardian;
(b)the child or young person has been abandoned by his parent or guardian and despite reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person;
(c)the parent or guardian of the child or young person is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control;
(d)the child or young person has been, is being or is at risk of being ill-treated —
(i)by his parent or guardian; or
(ii)by any other person, and his parent or guardian, although knowing of such ill-treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill-treatment;
(e)the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his health or development and his parent or guardian neglects or refuses to have him so examined, investigated or treated;
(f)the child or young person behaves in a manner that is, or is likely to be, harmful to himself or to any person and —
(i)his parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or
(ii)the remedial measures taken by the parent or guardian fail;
(g)there is such a serious and persistent conflict between the child or young person and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing the child or young person emotional injury;
(h)the child or young person —
(i)is a person in respect of whom a relevant offence has been or is believed to have been committed; or
(ii)is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar offence being committed against him,
and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child or young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely or unwilling to protect the child or young person from such offence; or
(i)the child or young person is found to be —
(i)destitute or wandering without any settled place of abode and without visible means of subsistence;
(ii)begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of so begging or receiving alms;
(iii)engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or
(iv)using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act (Cap. 146A)) for the purpose of inducing or causing in himself a state of intoxication.
Ill-treatment of child or young person
4.—(1)  A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he ill-treats the child or young person or causes, procures or knowingly permits the child or young person to be ill-treated by any other person.
(2)  For the purposes of this Act, a person ill-treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person —
(a)subjects the child or young person to physical or sexual abuse;
(b)wilfully or unreasonably does, or causes the child or young person to do, any act which endangers or is likely to endanger the safety of the child or young person or which causes or is likely to cause the child or young person —
(i)any unnecessary physical pain, suffering or injury;
(ii)any emotional injury; or
(iii)any injury to his health or development; or
(c)wilfully or unreasonably neglects, abandons or exposes the child or young person with full intention of abandoning the child or young person or in circumstances that are likely to endanger the safety of the child or young person or to cause the child or young person —
(i)any unnecessary physical pain, suffering or injury;
(ii)any emotional injury; or
(iii)any injury to his health or development.
(3)  For the purpose of subsection (2)(c), the parent or guardian of a child or young person shall be deemed to have neglected the child or young person in a manner likely to cause him physical or emotional injury or injury to his health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person.
(4)  A person may be convicted of an offence under this section —
(a)notwithstanding that any actual suffering or injury on the part of the child or young person or the likelihood of any suffering or injury on the part of the child or young person was obviated by the action of another person; or
(b)notwithstanding the death of the child or young person in respect of whom the offence is committed.
(5)  Subject to subsection (6), any person who is guilty of an offence under this section shall be liable on conviction —
(a)in the case where death is caused to the child or young person, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; and
(b)in any other case, to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.
(6)  The court may, in lieu of or in addition to any punishment specified in subsection (5), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein.
(7)  If a person who is ordered to execute a bond of good behaviour under subsection (6) fails to comply with any of the conditions of such bond, he shall —
(a)if such bond is in lieu of a penalty under subsection (5), be liable to the penalty provided for in that subsection; or
(b)if such bond is in addition to a penalty under subsection (5), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.”.
Repeal of sections 7, 8 and 9 and re-enactment of section 7 and new section 8
5.  Sections 7, 8 and 9 of the principal Act are repealed and the following sections substituted therefor:
“Protector’s power to obtain information
7.—(1)  Where a protector has reason to believe that any person can furnish any information regarding the commission of any relevant offence in respect of a child or young person, the protector may, by order in writing —
(a)require that person to furnish such information to the protector in writing within such time as may be specified by the protector; or
(b)require that person to appear before and furnish such information to the protector at such time and place as may be specified by the protector.
(2)  The person referred to in subsection (1) shall be bound, as the case may be, to furnish the required information in writing or to attend before the protector and answer truthfully and to the best of his ability any question concerning the offence.
Power to remove child or young person to place of safety, etc.
8.—(1)  Where the Director, a protector or a police officer not below the rank of sergeant is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director, protector or police officer may —
(a)without warrant and with such assistance and by such force as is necessary, by day or by night enter any premises in which the child or young person is to be found and —
(i)remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48; or
(ii)remove the child or young person and, before committing him to a place of safety under sub-paragraph (i), present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary; or
(b)by notice in writing order the parent or guardian of the child or young person to —
(i)produce the child or young person before the Director, protector or police officer at a specified time and place; or
(ii)produce the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary,
following which the Director, protector or police officer may, if he thinks necessary, remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48.
(2)  A registered medical practitioner to whom a child or young person is brought under subsection (1)(a)(ii) or (b)(ii) —
(a)shall conduct the requisite assessment of the child or young person and report his assessment to the Director, protector or police officer, as the case may be; and
(b)may, with the consent of the parent or guardian of the child or young person or, if such consent cannot be obtained or if there is immediate risk to the health of the child or young person, with the authorisation of the Director, protector or police officer —
(i)administer or cause to be administered to the child or young person such procedures and tests as may be necessary to diagnose the condition of the child or young person; and
(ii)provide or cause to be provided to the child or young person such treatment (including any surgical treatment) as he considers necessary as a result of his assessment or diagnosis.
(3)  If the registered medical practitioner or approved welfare officer conducting the assessment of the child or young person under this section believes on reasonable grounds that the child or young person is suffering from any physical or emotional injury or any injury to his health or development as a result of being ill-treated, the registered medical practitioner or approved welfare officer shall immediately notify the Director, protector or police officer, as the case may be, and the provisions of section 84A shall apply to a registered medical practitioner or an approved welfare officer who makes a notification under this subsection.
(4)  If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalization of the child or young person is necessary for the purpose of treating the child or young person, the Director, protector or police officer may authorise the hospitalization of the child or young person.
(5)  Subject to subsection (6), every child or young person who is removed by the Director, a protector or a police officer under this section shall, unless he is sooner returned to the custody of his parent or guardian, be brought before a Juvenile Court within 3 working days of his being so removed in order that he may be dealt with under section 48.
(6)  If for any reason it is not possible for the child or young person to be brought before a Juvenile Court within the time specified in subsection (5) —
(a)the Director, protector or police officer (as the case may be) shall, within 3 working days of the removal of the child or young person, inform the Juvenile Court of the removal and the reason for which it is not possible to comply with subsection (5); and
(b)the Juvenile Court may make such order as the circumstances may admit and require in relation to the custody, charge and care of the child or young person until such time as the child or young person may be brought before the Juvenile Court.
(7)  In this section, “assessment” means an assessment to determine the state of the health or development of the child or young person and whether the child or young person has been subjected to any ill-treatment.”.
Amendment of section 10
6.  Section 10 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsections:
“(1)  If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him to a place of safety until he can be brought before a Juvenile Court to be dealt with under section 48.
(1A)  A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of safety, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary.
(1B)  The provisions of section 8(2) to (7) shall apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under that section.”; and
(b)by deleting the words “a Government Medical Officer” in the last line of subsection (4) and substituting the words “a registered medical practitioner appointed by the Director for the purpose”.
Amendment of section 12
7.  Section 12 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:
“(4)  In this section, “legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person.”.
Amendment of section 16
8.  Section 16 of the principal Act is amended —
(a)by inserting, immediately after the word “child” wherever it appears in the 2nd, 13th, 16th, 18th, 22nd, 24th and 28th lines, the words “or young person”; and
(b)by deleting the words “copies of the child’s and the person’s photographs,” in the 14th and 15th lines and substituting the words “copies of the photographs of the child or young person and the photographs of that person,”.
Amendment of section 17
9.  Section 17 of the principal Act is amended by inserting, immediately after the word “child” in the 3rd line of subsection (1) and in the 2nd line of subsection (2), the words “or young person”.
Amendment of section 20
10.  Section 20 of the principal Act is amended by deleting paragraph (b).
Amendment of section 22
11.  Section 22 of the principal Act is amended by deleting “$500” in the penultimate line and substituting “$1,000”.
Repeal and re-enactment of section 24
12.  Section 24 of the principal Act is repealed and the following section substituted therefor:
“Maintenance of child or young person when committed to care of any person
24.—(1)  Where pursuant to this Act a child or young person is committed to the care of any person —
(a)that person shall, while the order of committal is in force, have the like control over the child or young person as if he were the parent of the child or young person and shall be responsible for the maintenance of the child or young person; and
(b)the child or young person shall continue in the care of that person notwithstanding that he is claimed by his parent or guardian or any other person.
(2)  Any person who —
(a)without lawful authority removes a child or young person from the custody of the person to whose care the child or young person has been committed pursuant to this Act;
(b)knowingly assists or induces, directly or indirectly, a child or young person to escape from the person to whose care he has been committed pursuant to this Act; or
(c)knowingly —
(i)harbours or conceals a child or young person who has escaped from the person to whose care he has been committed pursuant to this Act;
(ii)prevents such child or young person from returning to the person to whose care he has been committed pursuant to this Act; or
(iii)assists any other person in doing any of the acts mentioned in sub-paragraphs (i) and (ii),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  For the purposes of this section, a child or young person who, pursuant to this Act, is committed or sent to an approved school, an approved home, a remand home, a place of detention or a place of safety shall be deemed to have been committed to the care of the manager of the approved school, approved home, remand home, place of detention or place of safety, as the case may be.”.
Amendment of section 25
13.  Section 25 of the principal Act is amended —
(a)by inserting, immediately after the word “child” in the 2nd line of subsection (1), the words “or young person”;
(b)by deleting the words “the parent or guardian of the child or the person having the custody of the child” in the 6th, 7th and 8th lines of subsection (1) and substituting the words “the parent or guardian or the person having the custody of the child or young person”;
(c)by deleting the words “the child’s maintenance” in the 9th and 10th lines of subsection (1) and substituting the words “the maintenance of the child or young person”; and
(d)by inserting, immediately after the word “child” in the 2nd line of subsection (3), the words “or young person”.
Repeal and re-enactment of section 31
14.  Section 31 of the principal Act is repealed and the following section substituted therefor:
“Attendance at court of parent or guardian of child or young person charged with an offence, etc.
31.—(1)  Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or any other Act —
(a)his parent or guardian shall, unless the court otherwise orders, attend before the court during all stages of the proceedings; and
(b)the court may compel the attendance of the parent or guardian as if he were required as a witness in the proceedings.
(2)  If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his parent or guardian to withdraw from the court.”.
Repeal and re-enactment of section 33
15.  Section 33 of the principal Act is repealed and the following section substituted therefor:
“Jurisdiction of Juvenile Court
33.—(1)  Subject to the provisions of this section, no child or young person shall be charged with or tried for any offence by a court of summary jurisdiction except a Juvenile Court.
(2)  Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless —
(a)the Public Prosecutor applies to the Juvenile Court to try such offence; and
(b)the legal representative of the child or young person concerned consents to the offence being tried by the Juvenile Court.
(3)  Where a charge is made jointly against a child or young person and a person who has attained the age of 16 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court.
(4)  Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, notwithstanding subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit.
(5)  A Juvenile Court shall have jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the High Court.
(6)  A person who has attained the age of 16 years on the date of commencement of the hearing of the charge shall not be tried for any offence by a Juvenile Court, but where in the course of any trial before a Juvenile Court the child or young person to whom the trial relates attains the age of 16 years, nothing in this subsection shall prevent the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.
(7)  In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his defence to the charge.”.
Repeal and re-enactment of section 35
16.  Section 35 of the principal Act is repealed and the following section substituted therefor:
“Restriction on publication of information relating to proceedings involving children and young persons
35.—(1)  Subject to subsection (2), no person shall —
(a)publish or broadcast any information relating to any proceedings in any court or on appeal from any court that reveals the name, address or school or that includes any particulars that are calculated to lead to the identification of any child or young person 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; or
(b)publish or broadcast any picture as being or including a picture of any child or young person so concerned in any such proceedings.
(2)  The court or the Minister may, if satisfied that it is in the interests of justice so to do, by order dispense with the requirements of subsection (1) to such extent as may be specified in the order.
(3)  If any information or picture is published or broadcast in contravention of subsection (1), the following persons:
(a)in the case of the publication of any information or picture as part of a newspaper or periodical publication, any proprietor, editor, publisher or distributor thereof;
(b)in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it; or
(c)in the case of the broadcast of any information or picture, any person who transmits or provides the programme in which the information or picture is broadcast and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
(4)  Subsection (1) shall be in addition to, and not in derogation from, the provisions of any other written law with respect to the publication of information relating to judicial proceedings.
(5)  In this section —
“broadcast” means sounds or visual images broadcast by wireless telegraphy or by means of a high frequency distribution system over wire or other paths provided by a material substance and intended for general reception;
“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means.”.
Amendment of section 42
17.  Section 42 of the principal Act is amended —
(a)by deleting the words “general conduct, home surroundings, school record and medical history,” in the 2nd, 3rd and 4th lines of subsection (8) and substituting the words “family background, general conduct, home surroundings, school record, medical history and state of development,”;
(b)by deleting the words “a welfare officer” in the 2nd and 3rd lines of subsection (9) and substituting the words “an approved welfare officer”;
(c)by deleting subsection (10) and substituting the following subsections:
“(10)  For the purpose of subsection (8), the Juvenile Court may —
(a)require either or both the child or young person and the parent or guardian thereof to furnish such information or render such assistance to the Juvenile Court as the Court thinks necessary;
(b)require either or both the child or young person and the parent or guardian thereof to undergo such medical, psychological or other assessment as the Juvenile Court thinks necessary; and
(c)from time to time release the child or young person on bail or remand him in a place of detention in order to facilitate the carrying out of any requirement of the Juvenile Court under paragraph (a) or (b).
(10A)  The costs of and incidental to any assessment under subsection (10)(b) shall be borne by the parent or guardian of the child or young person, unless the Juvenile Court directs otherwise.”; and
(d)by deleting the words “a welfare officer” in the 2nd and 3rd lines of subsection (11) and substituting the words “an approved welfare officer”.
Amendment of section 43
18.  Section 43 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:
“(2)  Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a registered medical practitioner who has assessed that person, stating to the effect that, in his opinion, that person has or has not attained a specified age, may be given in evidence.”.
Amendment of section 44
19.  Section 44 of the principal Act is amended —
(a)by deleting the word “Where” in the 1st line of subsection (1) and substituting the words “Subject to the provisions of this section, where”;
(b)by inserting, immediately after the word “person” in the 2nd line of subsection (1), the words “(referred to in this section as the offender)”;
(c)by inserting, immediately after the word “guardianship” in subsection (1)(d), the words “and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender”;
(d)by deleting paragraphs (e) and (f) of subsection (1) and substituting the following paragraphs:
“(e)to make a probation order requiring the offender to be under the supervision of a probation officer or a volunteer probation officer for a period of not less than 6 months and not more than 3 years;
(ea)to make an order, in accordance with the prescribed requirements, requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court;
(f)to order the offender to be detained in a place of detention for a period not exceeding 6 months;
(fa)to order the offender to be detained in a place of detention or an approved institution over such number of weekends, not exceeding 52, as the Court thinks fit;”;
(e)by deleting paragraph (i) of subsection (1);
(f)by deleting paragraph (j) of subsection (1) and substituting the following paragraph:
“(j)to order the offender to be brought before a District Court to be dealt with under section 13 of the Criminal Procedure Code (Cap. 68) if the offender —
(i)has attained the age of 16 years; or
(ii)having attained the age of 14 years but being below the age of 16 years, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under subsection (1)(g) to be sent to an approved school established under section 62,
and the Juvenile Court is satisfied that it is expedient with a view to his reformation that he should undergo a period of training in a reformative training centre.”;
(g)by inserting, immediately after subsection (1), the following subsections:
“(1A)  For the purpose of subsection (1), the Juvenile Court shall have power —
(a)to make the orders referred to in subsection (1)(b), (c), (d), (e), (ea), (f), (fa), (g) and (h) singly, or combine, in such manner as it thinks just and expedient in the circumstances —
(i)any 2 or more of the orders referred to in subsection (1)(b), (c), (d), (e), (ea) and (h);
(ii)any order under subsection (1)(f) with any one or more of the orders referred to in subsection (1)(d), (e) and (h);
(iii)any order under subsection (1)(fa) with any one or more of the orders referred to in subsection (1)(c), (d), (e), (ea) and (h); or
(iv)any order under subsection (1)(g) with any one or more of the orders referred to in subsection (1)(d) and (h); and
(b)without prejudice to paragraph (a)(ii) or (iii), to make an order under subsection (1)(fa) to run consecutively to an order under subsection (1)(f).
(1B)  Where the Juvenile Court makes an order under subsection (1)(f) for the detention of an offender in a place of detention in combination with a probation order under subsection (1)(e), the period of the offender’s detention shall not exceed 3 months.
(1C)  Where the Juvenile Court makes an order under subsection (1)(fa) for the detention of an offender over a weekend, the offender’s detention shall commence at 3.00 p.m. on Saturday and end at 5.00 p.m. on the Sunday immediately following.
(1D)  If an offender, without reasonable excuse, contravenes or fails to comply with any order made by the Juvenile Court under subsection (1) (referred to hereinafter as the original order) or any condition thereof, the Juvenile Court may make such order as is necessary for the offender to be produced before it and thereafter, deal with the offender by —
(a)making any order that the Court is empowered to make under subsection (1);
(b)varying the original order or any condition thereof; or
(c)directing the offender to comply with the original order or any condition thereof to the extent that the original order or condition thereof has not been complied with.
(1E)  Where an offender, while being detained in a place of detention or an approved school pursuant to an order under subsection (1)(f) or (g), is found guilty of another offence by the Juvenile Court, the Court may, instead of making a fresh order against the offender under subsection (1)(f) or (g), extend the period of detention that is being served by the offender.”;
(h)by inserting, at the end of subsection (2)(a), the word “or”;
(i)by deleting paragraphs (b), (c), (d) and (e) of subsection (2) and substituting the following paragraph:
“(b)order the person to be brought before a District Court to be dealt with under section 13 of the Criminal Procedure Code (Cap. 68) if the person —
(i)has attained the age of 16 years; or
(ii)having attained the age of 14 years but being below the age of 16 years, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under subsection (1)(g) to be sent to an approved school,
and the Juvenile Court is satisfied that it is expedient with a view to his reformation that he should undergo a period of training in a reformative training centre.”; and
(j)by deleting subsection (3).
New sections 44A and 44B
20.  The principal Act is amended by inserting, immediately after section 44, the following sections:
“Power to convene family conference to deal with child or young person guilty of offence
44A.—(1)  Without prejudice to section 44, the Juvenile Court may, for the purpose of dealing with a child or young person who has been found guilty of committing an offence (referred to in this section as the offender), convene a family conference in accordance with the prescribed requirements and a family conference so convened may deal with the offender by —
(a)reprimanding the offender;
(b)administering a formal caution to the offender in the prescribed manner against further committing any offence;
(c)requiring the offender to pay compensation to the victim of the offence in such manner and of such amount as may be determined by the family conference;
(d)requiring the offender, in accordance with the prescribed requirements, to perform community service, not exceeding 240 hours in the aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the family conference;
(e)requiring the offender to apologise to the victim of the offence in such manner as may be specified by the family conference; or
(f)requiring the offender to do such other act as the family conference thinks appropriate in the circumstances.
(2)  In exercising its powers under this section, the family conference shall —
(a)comply with the prescribed procedure; and
(b)have regard to the orders which may be made by the Juvenile Court under section 44 for dealing with a person who has been found guilty by the Court of a comparable offence.
(3)  If the offender —
(a)fails to attend at the time and place appointed for a family conference; or
(b)fails to comply with any requirement of the family conference,
the family conference shall report the matter to the Juvenile Court and the Court shall thereupon make such order as is necessary for the offender to be produced before the Court and thereafter deal with the offender as the Court thinks fit in accordance with section 44.
(4)  A person who attends a family conference (not being the offender, the parent or guardian of the offender or any other member of the offender’s family) shall not divulge any personal information obtained at the conference relating to any of those persons.
(5)  Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Additional orders which may be made by Juvenile Court in relation to child or young person found guilty of offence
44B.—(1)  Where a child or young person has been dealt with in connection with an offence by a court or by a family conference, the Juvenile Court may, on its own motion or on the application of the Director or a protector, make an additional order requiring either or both the child or young person and the parent or guardian thereof to undergo such counselling, psychotherapy or other programme or to partake in such activity as the Court thinks necessary for the purpose of —
(a)resolving any relationship problems between the child or young person and the parent or guardian thereof;
(b)rehabilitating or assisting in the rehabilitation of the child or young person;
(c)enabling the parent or guardian of the child or young person to manage the child or young person; or
(d)enhancing, promoting or protecting the physical, social and emotional well-being and safety of the child or young person.
(2)  In making an order referred to in subsection (1), the Juvenile Court may require the parent or guardian of the child or young person to enter into a bond to comply with such order.
(3)  Where the parent or guardian of any child or young person fails to comply with any order made by the Juvenile Court under subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.”.
Repeal and re-enactment of section 45
21.  Section 45 of the principal Act is repealed and the following section substituted therefor:
“Maximum age limit for detention in place of detention, approved home or approved school
45.  Subject to section 74 —
(a)no person shall be detained in a place of detention after he has attained the age of 18 years; and
(b)no person shall be detained in an approved school or an approved home after he has attained the age of 19 years.”.
Amendment of section 46
22.  Section 46 of the principal Act is amended by deleting the word “, sentence” in the 2nd and in the 4th lines.
Repeal of section 47
23.  Section 47 of the principal Act is repealed.
Repeal and re-enactment of section 48
24.  Section 48 of the principal Act is repealed and the following sub-heading and section substituted therefor:
“Children and Young Persons
in need of Care and Protection
Powers of Juvenile Courts in respect of children and young persons in need of care or protection
48.—(1)  Subject to the provisions of this section, if a Juvenile Court is satisfied that any person brought before it is a child or young person in need of care or protection, the Court may —
(a)order the parent or guardian of the child or young person to enter into a bond to exercise proper care and guardianship of the child or young person for such period as may be specified by the Court;
(b)order the child or young person to be committed to the care of a fit person for such period as may be specified by the Court;
(c)order the child or young person to be committed to an approved home or a place of safety for such period as may be specified by the Court; or
(d)without making any other order or in addition to an order under paragraph (a), (b) or (c), make an order placing the child or young person under the supervision of a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court.
(2)  A Juvenile Court may, in making any order under subsection (1), impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety and well-being of the child or young person in respect of whom such order is made, and every person upon whom such conditions are imposed or to whom such directions are given shall comply with such conditions or directions.
(3)  No order under subsection (1) shall be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard.
(4)  Notwithstanding subsection (3), an order under subsection (1) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time.
(5)  In determining what order to be made under subsection (1), the Juvenile Court shall treat the welfare of the child or young person as the paramount consideration and shall endeavour to obtain such information as to the family background, general conduct, home surroundings, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person.
(6)  For the purpose of subsection (5), the Juvenile Court may —
(a)require any person who, in the opinion of the Court, is able to furnish any information regarding the child or young person to furnish to the Court such information as the Court may specify;
(b)require the parent or guardian of the child or young person to render such assistance to the Court as the Court thinks necessary;
(c)order the child or young person to be sent for an assessment by a registered medical practitioner or an approved welfare officer;
(d)require the parent or guardian of the child or young person to undergo such medical, psychological or other assessment as the Court thinks necessary; and
(e)from time to time adjourn the case for such period as it thinks necessary and make in respect of the child or young person, as an interim order having effect only during the period of adjournment, any order which it could have made under subsection (1).
(7)  Where the Juvenile Court requires any child or young person or the parent or guardian thereof to undergo any assessment under subsection (6)(c) or (d) —
(a)the person carrying out the assessment shall provide a written report to the Court stating the results of his assessment, and such report may be received and considered by the Court without being read aloud; and
(b)the costs of and incidental to any such assessment shall be borne by the parent or guardian of the child or young person, unless the Court directs otherwise.
(8)  If the Juvenile Court is not satisfied that the child or young person brought before it is in need of protection, the Court may order that the child or young person be returned to the care and custody of his parent or guardian.”.
Amendment of section 49
25.  Section 49 of the principal Act is amended —
(a)by deleting the words “a welfare officer” in the 2nd line of sub-paragraph (i) and substituting the words “an approved welfare officer”; and
(b)by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:
“(2)  The provisions of section 48(5), (6) and (7) shall apply, with the necessary modifications, in respect of an order made by the Juvenile Court under subsection (1) as they apply in respect of an order made by the Juvenile Court under section 48(1).
(3)  The Juvenile Court may, on the application of the Director, a protector or the parent or guardian of any child or young person in respect of whom an order under subsection (1) has been made, vary or discharge the order if the Court is satisfied that it is in the best interests of the child or young person to do so.”.
New section 49A
26.  The principal Act is amended by inserting, immediately after section 49, the following sub-heading and section:
“Additional powers of Juvenile Court
Additional orders which may be made by Juvenile Court in relation to child or young person in need of care and protection or beyond parental control
49A.—(1)  Where a child or young person has been dealt with under section 48 or 49, the Juvenile Court may, on its own motion or on the application of the Director or a protector, make an additional order requiring either or both the child or young person concerned and the parent or guardian thereof to undergo such counselling, psychotherapy or other assessment and treatment or to partake in such activity as the Court thinks necessary for the purpose of —
(a)resolving any relationship problems between the child or young person and the parent or guardian thereof;
(b)rehabilitating or assisting in the rehabilitation of the child or young person;
(c)enabling the parent or guardian of the child or young person to manage the child or young person; or
(d)enhancing, promoting or protecting the physical, social and emotional well-being and safety of the child or young person.
(2)  In making an order referred to in subsection (1), the Juvenile Court may require the parent or guardian of the child or young person concerned to enter into a bond to comply with such order.
(3)  Where the parent or guardian of any child or young person fails to comply with any order or requirement of the Juvenile Court under subsection (1) or (2), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.”.
Amendment of section 56
27.  Section 56 of the principal Act is amended by deleting the words “school or home” in the last line and substituting the words “approved school or approved home”.
Amendment of section 57
28.  Section 57(1) of the principal Act is amended by deleting the words “school or home” in the last line and substituting the words “approved school or approved home”.
Amendment of section 58
29.  Section 58(1) of the principal Act is amended by deleting the words “school or home” in the last line and substituting the words “approved school or approved home”.
Amendment of section 60
30.  Section 60 of the principal Act is amended by deleting the words “school or home” in the 3rd, 4th and in the last lines and substituting in each case the words “approved school or approved home”.
Repeal and re-enactment of section 63
31.  Section 63 of the principal Act is repealed and the following section substituted therefor:
“Control and management of approved schools and approved homes established under section 62
63.—(1)  Approved schools and approved homes established by the Minister under section 62 shall be under the control and management of —
(a)the Director; or
(b)a governing board consisting of such persons as may be appointed by the Minister.
(2)  In controlling and managing any approved school or approved home established under section 62, the Director or a governing board appointed under subsection (1)(b) shall have the powers, functions and duties conferred or imposed on the manager of an approved school or an approved home by this Act and any regulations made thereunder.”.
Repeal and re-enactment of section 66 and new heading
32.  Section 66 of the principal Act is repealed and the following heading and section substituted therefor:
“PART VIA
PROVISIONS APPLICABLE TO PERSONS
BEING DETAINED IN APPROVED SCHOOLS,
APPROVED HOMES, REMAND HOMES AND
PLACES OF DETENTION
Duties and powers of manager of approved school, approved home, remand home or place of detention in respect of persons detained therein
66.—(1)  Without prejudice to section 59, the manager of an approved school, an approved home, a remand home or a place of detention shall have the following duties in respect of persons who are detained therein under this Act:
(a)to prevent the escape of such persons from lawful custody;
(b)to prevent, detect and report on, the commission or attempted commission by such persons of any other unlawful acts;
(c)to ensure good order and discipline on the part of such persons;
(d)to attend to the well-being of such persons; and
(e)to carry out in respect of such persons such other duties as may be prescribed.
(2)  For the purpose of discharging his duties under subsection (1), the manager of an approved school, an approved home, a remand home or a place of detention may —
(a)give to any person being detained in the approved school, approved home, remand home or place of detention any order that the manager believes on reasonable grounds to be necessary —
(i)for the security or good order in the approved school, approved home, remand home or place of detention;
(ii)for the welfare or safe custody of that person or the other persons being detained in the approved school, approved home, remand home or place of detention; or
(iii)for ensuring that that person or any other person being detained in the approved school, approved home, remand home or place of detention does not commit any offence or any breach of discipline;
(b)require any person being detained in the approved school, approved home, remand home or place of detention to provide any information or answer any question that may be relevant to any duty being performed by the manager;
(c)search any person being detained in the approved school, approved home, remand home or place of detention and any article in the possession of such person;
(d)use such force as is reasonable and necessary —
(i)to compel a person being detained in the approved school, approved home, remand home or place of detention to obey any order or requirement given or made by the manager under this section; or
(ii)to restrain any such person who is attempting or preparing to commit or is committing any offence or any breach of discipline; and
(e)exercise such other powers as may be conferred on him by this Act or any regulations made thereunder.
(3)  In this section, the reference to the manager of an approved school, an approved home, a remand home or a place of detention includes any person assisting the manager of the approved school, approved home, remand home or place of detention in the management thereof.”.
Amendment of section 67
33.  Section 67 of the principal Act is amended by deleting the words “school, home” in the 4th line and substituting the words “approved school, approved home”.
Amendment of section 68
34.  Section 68 of the principal Act is amended —
(a)by deleting the words “an approved school or approved home” in the 2nd and 3rd lines of subsection (1) and substituting the words “an approved school, an approved home, a remand home or a place of detention”;
(b)by deleting the words “such approved school or approved home” in the 5th line of subsection (1) and substituting the words “such approved school, approved home, remand home or place of detention”; and
(c)by deleting the words “the approved school or approved home” in the 5th line of subsection (2) and substituting the words “the approved school, approved home, remand home or place of detention”.
Amendment of section 69
35.  Section 69 of the principal Act is amended —
(a)by deleting the words “the approved school or approved home” in the 5th and 6th lines and in the 9th and 10th lines and substituting in each case the words “the approved school, approved home, remand home or place of detention”; and
(b)by deleting the words “approved school or approved home” in the marginal note and substituting the words “approved school, approved home, remand home or place of detention”.
Amendment of section 71
36.  Section 71 of the principal Act is amended —
(a)by deleting the words “not less than two fit and proper persons, one of whom at the least” in the 8th and 9th lines and substituting the words “at least one fit and proper person who”; and
(b)by deleting the words “those persons” in the 10th line and substituting the words “that person”.
New section 71A
37.  The principal Act is amended by inserting, immediately after section 71, the following section:
“Power of Director or protector to give consent to medical treatment to child or young person in need thereof
71A.  Where a child or young person who has been committed to the care of a fit person or who is being detained in an approved school, an approved home, an approved institution, a remand home, a place of detention, a place of safety or any other place being used for the reception and care of children or young persons is in need of any medical treatment (including any surgical procedure) and —
(a)the consent of the parent or guardian of the child or young person to such medical treatment cannot be obtained despite all reasonable efforts; and
(b)any delay in carrying out the medical treatment would cause the child or young person unnecessary suffering or endanger his health,
the Director or a protector may give consent to the carrying out of such medical treatment and any consent so given shall, for all intents and purposes, be sufficient consent and authorisation for the carrying out of the medical treatment.”.
Amendment of section 73
38.  Section 73(4) of the principal Act is amended by inserting, immediately after the word “detention” in the last line, the words “or such shorter period as the Director thinks fit”.
Amendment of section 74
39.  Section 74 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:
“(1)  Every person detained under this Act in an approved school or an approved home shall serve the full period of his detention as ordered by the court and shall be deemed to be in lawful custody until he is lawfully discharged therefrom.
(2)  If any person who is being detained under this Act in an approved school or approved home escapes from the approved school or approved home before the expiry of his period of detention —
(a)he may be apprehended without warrant by a police officer or an approved welfare officer and brought back to the approved school or approved home by the police officer or approved welfare officer, as the case may be; and
(b)the period of his detention in the approved school or approved home shall be extended by the period (as computed by the manager of the approved school or approved home) for which he was at large.”.
New section 75A
40.  The principal Act is amended by inserting, immediately after section 75, the following section:
“Prohibition against conveying certain articles to persons being detained in approved school, approved home, remand home or place of detention
75A.  Any person who without lawful authority —
(a)conveys, supplies or causes to be conveyed or supplied to any person being detained in an approved school, an approved home, a remand home or a place of detention; or
(b)hides or places in an approved school, an approved home, a remand home or a place of detention for the use of any person being detained therein,
any letter or document, or any intoxicating liquor, tobacco, drug, opiate, money, clothing, provisions, toiletry or any other article shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.”.
Amendment of section 77
41.  Section 77 of the principal Act is amended —
(a)by deleting the words “an approved school or approved home or a place of detention” in the 3rd and 4th lines and substituting the words “an approved school, an approved home, a remand home or a place of detention”;
(b)by inserting, immediately after the words “place of detention” in the 8th line, the words “, remand home”; and
(c)by deleting the words “such school, home or place of detention” in the 12th and 13th lines and substituting the words “such approved school, approved home, remand home or place of detention”.
Amendment of section 78
42.  Section 78 of the principal Act is amended by deleting the words “an approved school or approved home or a place of detention” in the 1st and 2nd lines and substituting the words “an approved school, an approved home, a remand home or a place of detention”.
Amendment of section 80
43.  Section 80(3) of the principal Act is amended by deleting the words “a welfare officer” in the last line and substituting the words “an approved welfare officer”.
Repeal of Part VIII
44.  Part VIII of the principal Act is repealed.
Repeal and re-enactment of sections 83 and 84 and new section 84A
45.  Sections 83 and 84 of the principal Act are repealed and the following sections substituted therefor:
“Powers of Juvenile Court conferred on other courts
83.  Except as otherwise provided, nothing in this Act shall affect the powers of a Magistrate’s Court, a District Court or the High Court, and all the powers which may be exercised under this Act by a Juvenile Court may, in like manner, be exercised by a Magistrate’s Court, a District Court or the High Court.
Protection from personal liability
84.  No suit or other legal proceedings shall lie personally against the Director or any protector, police officer, approved welfare officer, probation officer or member of a board of visitors or a governing board or any other person acting under the direction of the Director or a protector for anything which is in good faith done or intended to be done in the enforcement or purported enforcement of this Act.
Information relating to children and young persons in need of care or protection
84A.—(1)  Any person who knows or has reason to suspect that a child or young person is in need of care or protection may make a notification to the Director or a police officer of the facts and circumstances on which his knowledge or suspicion is based.
(2)  Where the Director or a police officer receives any notification under subsection (1), the Director or police officer may, without prejudice to any other power conferred on him by this Act, transmit any information contained in the notification to a protector or any other person assisting the Director in the administration or enforcement of this Act, in order that such protector or person may take such action as may be necessary in accordance with this Act to ensure that the child or young person concerned receives the care or protection that he needs.
(3)  A person who makes a notification under subsection (1) —
(a)shall not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and
(b)insofar as he has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.
(4)  Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence shall not be compelled —
(a)to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or
(b)to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1).”.
Amendment of section 85
46.  Section 85(2) of the principal Act is amended —
(a)by inserting, immediately after the words “subsection (1)” in the 1st line, the words “or any other provision of this Act”;
(b)by inserting, immediately after the word “in” in the 3rd line of paragraph (b), the words “approved schools, approved homes,”;
(c)by inserting, immediately after the word “of” in paragraph (c), the words “a governing board,”; and
(d)by inserting, immediately after the word “of” where it first appears in the 1st line of paragraph (e), the words “approved schools, approved homes,”.
Amendment to Criminal Procedure Code
47.  Section 13 of the Criminal Procedure Code (Cap. 68) is amended —
(a)by deleting subsections (1) and (2) and substituting the following subsections:
“(1)  Where a person is convicted by the High Court or a District Court of an offence punishable with imprisonment and that person —
(a)is, on the day of his conviction, not less than 16 but under 21 years of age; or
(b)is, on the day of his conviction, not less than 14 but under 16 years of age and has, prior to his conviction, been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered to be sent to an approved school established under section 62 of the Children and Young Persons Act (Cap. 38),
and the High Court or District Court (as the case may be) is satisfied, having regard to his character and previous conduct and to the circumstances of the offence of which he is convicted, that it is expedient with a view to his reformation and the prevention of crime that he should undergo a period of training in a reformative training centre, that Court may, in lieu of any other sentence, pass a sentence of reformative training.
(2)  Where a person is convicted by a Magistrate’s Court of an offence punishable with imprisonment and that person —
(a)is, on the day of his conviction, not less than 16 but under 21 years of age; or
(b)is, on the day of his conviction, not less than 14 but under 16 years of age and has, prior to his conviction, been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered to be sent to an approved school established under section 62 of the Children and Young Persons Act (Cap. 38),
and the Magistrate’s Court is satisfied of the matters mentioned in subsection (1), the Court may commit him in custody for sentence to a District Court.”;
(b)by deleting the words “male young” in the 1st line of subsection (4); and
(c)by deleting the words “section 59(2) or (3) of” in the 2nd line of subsection (4).
Consequential amendments to other written laws
48.  The provisions of the written laws specified in the first column of the Schedule are amended in the manner set out in the second column thereof.
Savings
49.  Notwithstanding the repeal of Part VIII of the principal Act, any person who, on the date of commencement of section 44 of this Act, is being detained in the Young Offenders Section pursuant to an order of the Juvenile Court or any other court shall continue to be so detained until the expiry of his period of detention, and the provisions of the principal Act in force immediately before the date of commencement of section 44 of this Act shall continue to apply in respect of such person as if that section had not been enacted.
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Last updated 21 Nov 2024
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