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No. S 477

Children and Young Persons Act

(Chapter 38)

Children and Young Persons (Family Conferencing) Regulations 2001

In exercise of the powers conferred by section 85 of the Children and Young Persons Act, the Minister for Community Development and Sports hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Children and Young Persons (Family Conferencing) Regulations 2001 and shall come into operation on 1st October 2001.

Definitions

2. In these Regulations, unless the context otherwise requires —

“family conference” means a family conference convened under section 44A of the Act;

“investigating officer” means the police officer who led the investigations into the offence committed by an offender;

“offender” means a child or young person who has been found guilty of an offence by the Juvenile Court;

“probation officer” means a person appointed to be a probation officer under section 3 of the Probation of Offenders Act (Cap. 252);

“prosecuting officer” means the person who conducted the prosecution before the Juvenile Court in respect of the offence committed by an offender;

“Registrar” means the Registrar of the Subordinate Courts.

Convening of family conference

3.—(1) The Juvenile Court may convene a family conference under section 44A of the Act if, having regard to the information obtained by the Court under section 42(8) of the Act in respect of the family background, general conduct, home surroundings, school record, medical history and state of development of the offender, the Court is satisfied that it would be in the best interests of the offender that he be dealt with by a family conference.

(2) Before making the order for the convening of a family conference, the Juvenile Court shall explain to the offender —

(a)	the purpose and effect of the order; and
(b)	the consequences which may follow under section 44A(3) of the Act should the offender fail to attend at the time and place appointed for the meeting of the family conference or to comply with any requirement of the family conference.

(3) Upon making the order for the convening of the family conference, the Juvenile Court may adjourn the case for such period as the Court thinks necessary and make in respect of the offender such interim order, having effect only during the period of adjournment, as the Court thinks fit.

Composition of family conference

4.—(1) A family conference shall consist of —

(a)	a facilitator; and
(b)	such number of other members as the Juvenile Court thinks fit to appoint.

(2) The persons who may be appointed members of family conference shall include —

(a)	the offender to be dealt with by the family conference;
(b)	the parents or guardian of the offender and any other member of his family as the Juvenile Court thinks fit to appoint;
(c)	the investigating officer;
(d)	the prosecuting officer;
(e)	a probation officer;
(f)	the victim of the offence;
(g)	the parents or guardian of the victim of the offence and any other member of his family as the Juvenile Court thinks fit to appoint;
(h)	a representative from the school of the offender (for example, the principal, vice-principal or disciplinary master of the school);
(i)	any counsellor, approved social worker or registered medical practitioner who has dealt with the offender; and
(j)	such other person as the Juvenile Court thinks necessary or appropriate.

(3) The presiding Magistrate of the Juvenile Court may act as the facilitator of the family conference or may appoint any suitably qualified person to be the facilitator.

Procedure at family conference

5.—(1) All meetings of the family conference shall be convened and chaired by the facilitator.

(2) The facilitator shall cause to be sent to each member of the family conference a notice in writing specifying the date, time and place of the meeting of the family conference and may, in such notice, call upon any member of the family conference to furnish any document for the consideration of the family conference during its meeting.

(3) No member of the family conference shall act as an interpreter during its meetings, and where any member of the family conference requires the assistance of an interpreter, the Registrar shall arrange for the necessary court interpreter to be present.

(4) Except with the approval of the Magistrate of the Juvenile Court, no member of the family conference shall be represented by an advocate and solicitor during its meetings.

(5) Subject to the directions of the Magistrate of the Juvenile Court and to such modifications as the circumstances of the case may require, the facilitator shall conduct the meeting of the family conference in accordance with the procedure set out in the Schedule.

Provisions relating to measures taken under section 44A (1) of Act for dealing with offender

6.—(1) A formal caution administered to the offender under section 44A(1)(b) of the Act shall be put in writing and acknowledged in writing by the offender.

(2) Where the family conference deals with an offender by requiring the offender to pay compensation to the victim of the offence under section 44A(1)(c) of the Act, the payment shall be made to the victim through the prosecuting officer.

(3) Where pursuant to section 44(1)(d) of the Act the family conference requires an offender to perform community service, such requirement shall not take effect until it is approved by the Magistrate of the Juvenile Court and the Magistrate makes an order under section 44 (1)(ea) giving effect to the requirement.

(4) Where the family conference deals with an offender by requiring the offender to apologise to the victim of the offence under section 44A(1)(e) of the Act, the apology shall be made in the presence of an adult person approved by the family conference.

(5) Where pursuant to section 44A(1)(f) of the Act the family conference requires an offender to enter into any undertaking, the undertaking shall be of such duration as may be approved by the Magistrate of the Juvenile Court.

Made this 1st day of October 2001.

LIM SOO HOON

Permanent Secretary,
Ministry of Community
Development and Sports,
Singapore.

[MCDS 76-06-01 V19; AG/LEG/SL/38/1997/2 Vol. 1]