4.—(1) In the Children and Young Persons Act 1993 —(a) | in section 39, after subsection (2), insert —“(2A) Where a young person of 16 years of age or older but below 18 years of age is charged with an offence (called in this subsection the relevant offence) that —(a) | is specified in the Second Schedule; or | (b) | is similar to another offence of which the young person had previously been found guilty on or after the date of commencement of section 4(1)(a) of the Statutes (Miscellaneous Amendments) Act 2022, |
the young person is to be tried for the relevant offence by another court of appropriate jurisdiction instead of a Youth Court, if — |
(c) | the Youth Court transmits the case in accordance with subsection (2C); or | (d) | the Youth Court, on its own motion, is of the opinion that the young person ought to be tried in that other court of appropriate jurisdiction. |
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(2B) Where the Public Prosecutor is of the opinion that the young person mentioned in subsection (2A) must or ought to be tried in another court of appropriate jurisdiction instead of a Youth Court, the Public Prosecutor must, by fiat in writing signed personally, designate that other court of appropriate jurisdiction to try the young person. |
(2C) A Youth Court, on receipt of the fiat mentioned in subsection (2B) together with the charge, is to —(a) | cause the charge to be read and explained to the young person; | (b) | transmit the case to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial; and | (c) | order that the young person be remanded in custody until and during the trial, unless the young person is released on bail. |
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(2D) To avoid doubt, a Youth Court can continue to exercise powers under section 36 in relation to a case that has been transmitted under subsection (2C) to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial.”; |
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| (b) | in section 39(3), (6) and (7), delete “16 years” and substitute “18 years”; | (c) | in section 39(5), delete “subsections (1) and (2)” and substitute “subsections (1), (2), (2A) and (3)”; | (d) | after section 117, insert —“Amendment of Second Schedule |
117A.—(1) The Minister may, by order in the Gazette, amend, add to or vary the Second Schedule.(2) An order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.”; |
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| (e) | after section 119, insert —POWERS OF VOLUNTEER WELFARE OFFICER |
1. In this Schedule, “child or young person” means a child or young person who —(a) | is in need of care or protection; or | (b) | is the subject of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59. |
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2. The powers of a volunteer welfare officer in respect of a child or young person include all of the following:(a) | to do any of the acts mentioned in paragraph 3 to ascertain —(i) | the relationship between the child or young person, and his or her parent, guardian or care‑giver; | (ii) | the living conditions of, standard of care and supervision provided to, or progress made by, the child or young person; or | (iii) | whether the child or young person has complied with the requirements imposed on him or her under a court order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59, or the orders, rules or directions of the place of safety or place of temporary care and protection to which the child or young person is committed under any such order; |
| (b) | to provide transport to, escort or otherwise accompany, the child or young person, or his or her parent, guardian or care‑giver to enable the child or young person, or his or her parent, guardian or care‑giver (as the case may be) to attend a mediation, counselling, psychotherapy, medical appointment or other assessment, programme or treatment; | (c) | to supervise a meeting between the child or young person and his or her parent or guardian or any other person, where the care and custody of the child or young person has been committed to a care‑giver who is not the parent or guardian; | (d) | to provide training to the parent, guardian or care‑giver of the child or young person on how to provide care, protection, supervision or rehabilitation to the child or young person; | (e) | to communicate any information on the matters mentioned in sub‑paragraph (a)(i), (ii) and (iii) to any protector or approved welfare officer to facilitate the protector or approved welfare officer to take such action as may be necessary in accordance with this Act to ensure that the child or young person receives the care, protection and supervision that he or she needs; | (f) | to take charge of the child or young person for the duration when the parent, guardian or care-giver of the child or young person is attending a meeting with a protector or an approved welfare officer; | (g) | to impart prosocial life skills to the child or young person to facilitate his or her rehabilitation, and to promote the physical, social and emotional wellbeing of the child or young person. |
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3. For the purposes of paragraph 2(a), the acts are —(a) | to enter —(i) | the home of any parent, or where the child or young person has one or more guardians, any guardian, or the care‑giver, of the child or young person; or | (ii) | the premises of the place of safety or place of temporary care and protection to which the child or young person is committed, |
without having to give prior notice to the parent, guardian, care‑giver or the person‑in‑charge of the place of safety or place of temporary care and protection; |
| (b) | to interview any parent, or where the child or young person has one or more guardians, any guardian, or the care‑giver, of the child or young person, whether at a meeting, by way of a telephone call or any other means, and take statements from the parent, guardian or care‑giver, as the case may be; and | (c) | to enter the early childhood development centre, school or student care centre attended by the child or young person for the purpose of —(i) | observing the child’s or young person’s behaviour when attending lessons and during recess periods; and | (ii) | interviewing the teachers of the child or young person on matters concerning the child or young person.”; and |
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| (f) | after the last provision of the Act, insert —Sections 39(2A)(a) and 117A(1) |
| | | | Unlawful possession of any arm or ammunition |
| | | Trafficking in controlled drugs |
| | Manufacture of controlled drugs |
| | Import and export of controlled drugs |
| | Cultivation of cannabis, opium and coca plants |
| | Arranging or planning gatherings where controlled drugs are to be consumed or trafficked |
| | Introducing drug trafficker to another person |
| | Instructing person to cultivate cannabis, etc., or to manufacture or consume controlled drugs, etc. |
| | | | | | | | Joining an unlawful assembly armed with any deadly weapon |
| | Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse |
| | Force used by one member in prosecution of common object |
| | | | Resistance or obstruction by a person to his lawful apprehension |
| | Culpable homicide not amounting to murder (but without any intention to cause death, etc.) |
| | Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse |
| | Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household |
| 19. | Section 305(1)(b) or (c) |
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| Abetment of attempted suicide of minor or person who lacks mental capacity |
| | Attempt to commit culpable homicide |
| | Voluntarily causing hurt by dangerous weapons or means |
| | Voluntarily causing grievous hurt |
| | Voluntarily causing grievous hurt by dangerous weapons or means |
| | Voluntarily causing grievous hurt to deter public servant from his duty |
| | Assault or use of criminal force to a person with intent to outrage modesty |
| 26. | Section 354A(1) or (2) |
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| Outraging modesty in certain circumstances |
| | | | | | Kidnapping or abducting with intent to secretly and wrongfully confine a person |
| | Kidnapping or abducting a woman to compel her marriage, etc. |
| | Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. |
| | Wrongfully concealing or keeping in confinement a kidnapped person |
| | Sexual penetration of minor below 16 years of age (offender in exploitative relationship with victim) |
| | Exploitative sexual penetration of minor of or above 16 but below 18 years of age |
| | Procurement of sexual activity with person with mental disability |
| | | | Sexual penetration, etc., of a corpse |
| 38. | Section 377B(1) or (3) |
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| Sexual penetration with living animal |
| | | | Putting person in fear of harm in order to commit extortion |
| | Putting person in fear of death or of grievous hurt in order to commit extortion |
| | | | Voluntarily causing hurt in committing robbery |
| | Assembling for purpose of committing gang-robbery |
| | House-breaking in order to commit an offence punishable with imprisonment for life |
| | | | | Persons allowing unlawful assembly in their premises |
| | Inciting, etc., person to become member of unlawful society |
| | Procuring subscription or aid for unlawful society |
| | Publishing, etc., propaganda of unlawful society |
| | Possession, etc., of books, etc., of triad society, etc. |
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(2) In the Children and Young Persons (Amendment) Act 2019 —(a) | delete section 27; and | (b) | delete section 55. |
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