Children and Young Persons Law

CHILDREN AND YOUNG PERSONS LAW.

1. Citation and application. (1) This Law may be cited as the Children and Young Person Law. (2) The Governor may by order direct that this Law or any part or provision thereof shall apply to the State or to any area therein applied to the whole area of the State.

2. Interpretation. (1) In this Law - “approved institution” means an institution established under section 25 or any place or institution declared to be an approved institution under the provisions of that section; “authorised officer” means a person appointed by the Commissioner for the purposes of this Law and includes a probation officer; “child” means a person under the age of fourteen years; “Commissioner” means the State Commissioner responsible formatters, relating to Social Development; “corrective order” means a corrective order issued under section 14 or 26 in accordance with Part IV; “guardian” in relation to a child or young person includes any person who, in the opinion of the Court having cognisance of any case in relation to a child or young person or any case in which a child or young person is concerned, has for |he time being the charge of or control over the child or young person; “juvenile” includes a child and a young person; “juvenile court” means a court constituted under the provisions of section 6 for the hearing and determination of cases relating to children or young persons; “probation dase committee” means a committee comprising magistrate, juvenile court panel members appointed for purposes of this Law under section 1 (1) and the probation officers appointed in accordance with section 17 (1) of this Law; t “probation officer” means a person appointed under this Law to be a probation officer and where the context so admits includes a deputy probation officer or an assistant probation officer; “young person” means a person who has attained the age of fourteen years and is under the age of seventeen years. (2) Age in relation to sentence. - Where by this Law it is provided that a person on the commission of an offence shall be liable to a penalty, whether by way of imprisonment or fine or otherwise, the age of that person shall for the purpose of sentence be his age at the time when the offence was committed. [No. 3 of 1973.]

3. Bail of children and young persons arrested. Where a person apparently under the age of seventeen years is apprehended with or without warrant, and cannot be brought forthwith before a court of summary jurisdiction, the police officer in immediate charge for the time being of the police station to which such person is brought shall inquire into the case and may in any case, and shall - (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, release such person on a recognisance, being entered into by him or by his parent or guardian, with or without sureties for such as will in the opinion of the officer, secure the attendance of such person upon the hearing of the charge.

4. Custody of children and young persons not discharged on bail after arrest. Where a person apparently under the age of seventeen years having been apprehended is not so released as aforesaid, the officer to whom such person is brought shall cause him to be detained in a place of detention provided under this Law until he can be brought before a court unless the officer certifies - (a) that it is impracticable to do so; or (b) that he is of so unruly or depraved a character that he cannot be safely so detained; or (c) that by reason of his state of health or his mental or bodily condition it is inadvisable so to detain him, and the certificate shall be produced to the Court before which the person is brought.

5. Association with adults whilst in custody. It shall be the duty of the Commissioner of Police to make arrangements for preventing, so far as practicable, a child or young person while in custody, from associating with an adult charged with an offence.

6. Constitution of juvenile court. (1) A juvenile court for the purpose of the hearing and determination of cases relating children or young persons shall be constituted by a magistrate sitting with such other sons, if any, as the Chief Judge shall appoint; Provided that the office of member of a juvenile court shall not be an office of emolument under the State, for any purposes of the constitution: Provided further that the absence of such other person shall not prevent the magistrate from sitting. (2) A court when hearing charges against children or young persons shall, unless the chiId or young person is charged jointly with any other person not being a child or young person, sit either in a different building or room from that in which the ordinary sittings of the court are held, or on different days of at different times from those at which the ordinary sittings are held. (3) Where in the course of any proceedings in a juvenile court it appears to the court it the person charged or to whom the proceedings relate is of the age of seventeen years or upwards, or where in the course of any proceedings in any court other than a juvenile court it appears that the person charged or to whom the proceedings relate is under the age of seventeen years, nothing in this section shall be construed as preventing the court, if it thinks it undesirable to adjourn the case, from proceeding with the hearing the determination of the case. (4) Provision shall be made for preventing persons apparently under the age of seventeen years whilst being conveyed to or from court, or whilst waiting before or after their attendance in court, from association with adults charged with or convicted of any offence other than an offence with which the person apparently under the age of seventeen years is jointly charged or convicted. (5) In a juvenile court no person other than the members and officers of the court and the parties to the case, their solicitors and counsel and other persons directly concerned in the case, shall, except by leave of such court, be allowed to attend: Provided that bona fide representative of a newspaper or news agency shall not be excluded, except by special order of the court. (6) No person shall publish the name, address, school, photograph, or anything likely to lead to the identification of the child or young person before a juvenile court, save with the permission of such court or in so far as required by the provisions of this Law. Any person who acts in Contravention of the provisions of this subsection shall be liable to a fine often thousand naira.

7. Remand or committal to custody. (1) A court on remanding or committing for trial a child or young person who is not released on bail, shall, instead of committing him to prison, commit him to custody in a place of detention provided under this Law and named in the commitment, to be there detained for the period for which he is 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 a character that he cannot be safely so committed, or that he is of so 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 so unruly a character that he cannot be safely detained in such custody, or to be of so depraved a character that he is not a fit person 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 it is revoked the young person may be committed to prison.

8. Procedure in juvenile court. (1) Where a child or young person is brought before a juvenile court for any offence it shall be the duty of the court as Soon as possible to explain to him in simple language the substance of the alleged offence. (2) Where a child is brought before a juvenile court for any offence other than homicide the case shall be finally disposed of in such court, and it shall not be necessary to ask the parent or guardian whether he consents that the child shall be dealt with in the juvenile court. (3) After explaining the substance of the alleged offence the court shall ask the child or young person whether he admits the offence. (4) If the child or young person does not admit the offence the court shall then hear the evidence of the witnesses in support thereof. At the close of the evidence in chief of each such witness, the court shall ask the child or young person, or, if the court sees fit, the child’s parent or guardian, whether he wishes to put any questions to the witness. (5) If the child or young person, instead of asking questions, wishes to make a statement he shall be allowed to do so. It shall be the duty of the court to put to the witnesses such questions as appear to be necessary. The court may put to the child or young person such questions as may be necessary to explain anything in the statement of the child or young person. (6) If it appears to the court that a prima facie is made out, the evidence of any witnesses for the defence shall be heard and the child or young person shall be allowed to give evidence or to make any statement. (7) If the child or young person admits the offence or the court is satisfied that it is proved, he 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 them the court shall 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 child or young person, and may put to him any question arising out of such information. For the purpose of obtaining such information, or for special medical examination of observation, the court may from time to time remand the child or young person on bail or to a place of detention. (8) If the child or young person admits the offence or the court is satisfied that it is proved, and the court decides that a remand is necessary for purposes of inquiry or observation, the court may cause an entry to be made in the court records that the charge is proved and that the child or young person has been remanded. The court before which a child or young person so remanded is brought may, without further proof of the commission of the offence, make any order in respect of the child or young person which could have been made by the court which so remanded the child or young person. (9) Rules - The Chief Judge may make rules for regulating the procedure in juvenile courts, the fees to be charged and the forms to be used therein, and such of the provisions of any written law relating to the practice and procedure in magistrates’ courts not inconsistent with the provisions of this Law shall have effect subject to any rules so made.

9. Attendance at court of parent or guardian. Where a child or young person is charged with any offence-his parent or guardian may in any case, and Shall if required by the court, attend at the court before which the case is heard or determined during all the stages of the proceedings, and the court may make such orders as are necessary for the purpose of enforcing attendance.

10. Power to order parent or guardian to pay fine, damages or costs and to give security. (1) Where a child or young person is charged before any court with any offence for the commission of which a fine, damages, or costs may be imposed, and the court is of opinion that the case would be best met by the imposition of a fine damages or costs whether with or without any other punishment, the court may in any case, and shall if the o fender is a child, order that the fine, damages, or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person. (2) Where a child or young person is charged with any offence, the Court may order his parent or guardian to give security for his good behaviour. (3) Where a court thinks that a charge against a child or young person is proved, the Court may make an order on the parent or guardian under this section for the payment of damages or costs or requiring him to give security for good behaviour, without proceeding to find the child or young person guilty of the offence. (4) An order under this section may be made against a parent or guardian who, having been required to attend, has 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. (5) Any sums imposed and ordered to be paid by a parent or guardian «under this section, or on forfeiture of any such security as aforesaid, may be recovered from him by distress or 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 child or young person was charged. (6) A parent or guardian may appeal against an order under this section to the High Court.

11. Restrictions on punishment. (1) No child shall be ordered to be imprisoned. (2) No young person shall be ordered to be imprisoned if he can be suitably dealt with in any other way whether by probation, fine, corporal punishment, committal to a place of detention or to an approved institution, or otherwise. (3) A young person ordered to be imprisoned shall not be allowed to associate with adult prisoners.

12. Juvenile not to be sentenced to death but detained during pleasure. A sentence of death shall not be pronounced or recorded against any offender who had not attained the age of seventeen years at the time the offence was committed, but in lieu thereof the Court shall order such offender to be detained during the Governor’s pleasure and if so ordered the provisions of Part XLIV of the Criminal Procedure Law shall apply. [Cap. C22. No. 3 of 1973.]

13. Detention in the case of certain crimes committed by children or young persons. Notwithstanding anything in this Law to the contrary, where a child or young person is found guilty of an attempted murder, or of manslaughter, or of wounding with intent to do grievous bodily harm, the court may order the offender to be detained for such period as may be specified in» the order, and where such an order is made the child or young person shall, during that period, notwithstanding anything in the other provisions of this Law, be liable to be detained in such place and on such conditions as the Governor may direct, and whilst so detained shall be deemed to be in legal custody.

14. Methods of dealing with children and young persons charged with offences. Where a child or young person charged with any offence is tried by a 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 Law the case should be dealt with, namely, whether - (a) by dismissing the charge; or (b) by discharging the offender on his entering into a recognisance; or (c) by so discharging the offender and placing him under the supervision of a probation officer; or (d) by committing the offender by means of a corrective order to the care of a relative or other fit person; or (e) by sending the offender by means of a corrective order to an approved institution; or (f) by ordering the offender to be caned; or (g) by ordering the offender to pay a fine; damages, or costs or (h) by ordering the parent or guardian of the offender to pay a fine, damages, or costs; or (i) ordering the parent or guardian of the offender to give security for his good behaviour; for a period not exceeding three months; or (j) by committing the offender to custody in a place of detention, provided under this Law; or [No. 19 of 1986.] (k) where the offender is a young person, by ordering him to be imprisoned, by committing him to a Borstal Institution; or (l) by dealing with the case in any other manner in which it may be legally dealt with.

15. Places of detention. (1) The Commissioner with the prior approval of the Governor, may establish remand homes and may make rules for the management, upkeep and inspection of such homes. (2) Where a remand home is conveniently situated, it shall be the place of detention for the purposes of sections 4, 7 and 14. (3) Where no remind home is conveniently situated a child or young person ordered to be detained in custody may, in the discretion of the officer or the court, as the case may be, be detained in an approved institution or in a prison: Provided that if a child or young person be detained in a prison he shall not be a lowed to associate with adult prisoners.

16. “Conviction” and “sentence” not to be used in relation to juveniles. The words “conviction” and “sentence” shall cease to be used in relation to children and young persons dealt with in a juvenile court, and any reference in any Law to a person convicted, a conviction or a sentence shall in the case of a child or young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding as the case may be.

17. Appointment of probation officers. (1) The Commissioner may from time to time appoint fit and proper persons of either sex either by name or as holding any public office for the time being to be probation officers for such areas as may be specified in the appointment, and there may from time to time be appointed deputy probation officers to act in the absence or during the illness or incapacity of probation officers, and assistant probation officers to perform under the direction of probation officers all or any of the duties of a probation officer in any portion of an area. [No. 19 of 1986.] (2) A probation officer when acting under a probation order shall be subject to the control of the courts for the area for which he is appointed. [No. 19 of 1986.]

17. Power to make probation orders. (1) The Commissioner may from time to time appoint fit and proper persons of either sex either by name or as holding any public office for the time being to be probation officers for such areas as may be specified in the appointment, and there may from time to time be appointed deputy probation officers to act in the absence or during the illness or incapacity of probation officers, and assistant probation officers to perform under the direction of probation officers all or any of the duties of a probation officer in any portion of an area. [No. 19 of 1986.] (2) A probation officer when acting under a probation order shall be subject to the control of the courts for the area for which he is appointed. [No. 19 of 1986.]

19. Person to be named in probation order. The person named in any probation order shall be - (a) a probation officer appointed for the district in or for which the court acts; or (b) if the court considers it expedient on account of the place of residence of the offender, or for any other special reason, a probation officer appointed for some other district; or (c) if the court considers that the special circumstances of the case render it desirable, or if no person has been appointed as a probation officer, a person who has not been appointed a probation officer for any area may be appointed.

20. Relief from duties. The person named in a probation order may at any time be relieved of his duties, and, in any such case or in case of the death of the person so named, another person may be substituted by the court before which the offender is bound by his recognisance to appear to be further dealt with.

21. Duties of probation officer. It shall be the duty of a probation officer, subject to the discretion of the court - (a) to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit; (b) to see that he observes the conditions of his recognisance; (c) to report to the court as to his behaviour; (d) to advise, assist, and befriend him, and, when necessary, to endeavour to find him suitable employment.

22. Variation of probation order. The Court before which any person is bound by his recognisance Under this Law to appear to be further dealt with' may, upon the application of the probation officer, and after notice to the offender, vary the conditions of the recognisance and may, on being satisfied that the conduct of that person has been such as to make it unnecessary that he should remain longer under supervision, discharge the recognisance.

23. Procedure on failure to observe conditions of recognisance. (1) If the court before Which an offender is bound by his recognisance to appear to be further dealt with, or any court, is satisfied by information on oath that the Offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his apprehension, or may, if it thinks fit, instead of issuing a warrant in the first instance issue a summons to the offender and his sureties, if any, requiring him or them to attend at such court and at such time as may be specified in the summons. (2) The offender, when-apprehended, shall, if not brought forthwith before the court before which he is bound by his recognisance to appear to be further dealt with, be brought before a court (3) The court before which an offender on apprehension is brought, or before which he appears in pursuance of such summons as aforesaid, may, if it is not the court before which he is bound by his recognisance to appear to be further dealt with, remand him to custody or on bail until he can be brought before the last mentioned court. (4) A court before which a person is bound by his recognisance to appear to be further dealt with, on being satisfied that he has failed to observe any condition of his recognisance, may forthwith, without any further proof of his guilt, deal with him as for the original offence.

24. Restitution orders. Where an order under this Part is made by a court the order shall, for the purpose of revesting or, restoring stolen property and of enabling the court to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution of delivery, have the like effect as a conviction.

25. Establishment approved institutions. The Governor may establish institutions or may declare any school or institution to be an approved institution for the purposes of this Law.

26. Corrective orders. (1) A corrective order under this Law shall be in the form in the Schedule or as near hereto as the circumstances may require. (2) A corrective order shall be prepared in triplicate by the court issuing the same, but the approved institution or person to which or to whom the child is to be sent under the corrective order shall no( be filled in by the court. The court shall send tot Commissioner the corrective order in triplicate together with a report setting forth the tribe or community to which the child or young person belongs, the religion of the person in whose custody the child or young person ‘has been, the circumstances in which the corrective order has been issued, and the reason for the court considering such issue to be necessary or proper. (3) The Commissioner may disallow such corrective order, in which case the child or young person in respect of whom the corrective order was issued shall be brought before the Court again to be otherwise dealt with under the provisions of section 14 as to the Court may seems proper; or the Commissioner may confirm the corrective order with or without any alteration as to the period for which the corrective order shall be in force. (4) When the Commissioner confirms a corrective order he shall cause the name of an approved institution, or of some person who has agreed to accept the child or young person under such corrective order, to be set out in each copy thereof. (5) One copy of the corrective order completed as aforesaid, shall be filed by the Commissioner, another by the court which issued the corrective order, and the third shall be the child or young person named therein to the approved institution or person to which or to whom the child or young person is to be sent under such corrective order.

27. Corrective order need not come into immediate operation. The operation of a corrective order may be suspended pending completion of arrangements for the reception of the child or young person into an approved institution, or on account of his ill-health or for other good and sufficient reason, and in such case the court may remand him in custody or may order him to be committed to the care of some fit and proper person willing to undertake such custody, or may release him on bail.

28. Limitation of age in certain cases. No corrective order shall be made in respect of a person who has attained the age of sixteen years and no such order shall remain in force after the person affected by it shall have attained the age of eighteen years: Provided that the order in respect of a person committed to approved school training shall not remain in force for a period exceeding three years or the attainment of the age of eighteen years of the person to whom the order relates, whichever is earlier.

29. Legal custody. A child or young person whilst detained in or whilst on leave from an approved institution in accordance with the provisions of this Law and whilst being conveyed to or from such institution shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and brought back thereto.

30. Persons detained in approved institutions may be granted leave. At any time during the period of a person’s detention in an approved institution the manager of the approved institution may grant him leave to be absent therefrom in the charge of such person and for such period as the manager may think fit, but during such leave he shall, for the purposes of this Law, be deemed to be under the care of the manager of the approved institution and the manager may at any time require him to return to the approved institution.

31. Procedure in case of unruly or depraved persons. If the manager of an approved institution Is satisfied that any person confronted to the institution is of so unruly or depraved a character that it is undesirable that he should remain at such$ institution, he may cause such person to be brought before a court having jurisdiction in the place where the institution is situated or before the court much made the corrective order, and such court may in respect of such person make any order which could have been legally made by the committing court under the provisions of this Law.

32. Power to vary corrective order in certain cases. The Commissioner may - (a) if he is satisfied that a person in respect of whom a corrective order is about to expire would benefit by further care or training, extend the period of the corrective order subject to the provisions of this Law; (b) order any child or young person whose period of detention has exceeded twelve months to be discharged; (c) order any child or young person to be removed from one approved institution or person to another such institution or person. [No. 19 of 1986.] (d) order any child or young person to be released from an approved institution on condition that such child' or young person shall be of good behavior and live under the charge of any trustworthy and respectable person named in the older of release willing to receive and take charge of him and to keep such child of young person at school or employed at some trade, occupation or palling: Provided that an order made under this paragraph may in the discretion of the person making the same be revoked and thereupon the original corrective order shall remain in full force and effect.

33. Power to bring, before a juvenile court certain cases. (1) Any Local Government Council, any police officer or any authorised officer, having reasonable ground for believing that a child or young person comes within any of the descriptions hereinafter mentioned - (a) who is an orphan or is deserted by his relative; or (b) who has been neglected or ill-treated by the person having the care and custody of such child; or (c) who has a parent or guardian who does not exercise proper guardianship; or (d) who is found destitute, and has both parents or his surviving parent undergoing imprisonment; or (e) who is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the child; or (f) who is the daughter of a father who has been convicted of an-offence under section 218 of the Criminal Code in respect of any of his daughters; or (g) who is found wandering and has no home or settled place of abode or visible means of subsistence; or (h) who is found begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises, or place for the purpose of so begging or receiving alms; or (i) who accompanies any person when that person is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise; or (j) who frequents the company of any reputed thief or common or reputed prostitute; or [No. 3 of 1976.] (k) who is lodging or residing in a house or the part of a house used by any prostitute for the purpose of prostitution, or is otherwise living in circumstances calculated to cause, encourage or favour the seduction or prostitution of the child; or (l) in relation to whom an offence under Chapter XXI of the Criminal Code has been committed or attempted; or (m) who, having been born or brought within the Delta State, would, but for the provisions of the law relating to the legal, status of slavery, be a slave; or (n) who is otherwise exposed to moral danger; or (o) whose welfare the authority or officer has reasonable ground for believing is endangered by a dispute to which a parent or guardian of the child is a party; (p) who is of school age and is not receiving full-time education suitable to his age, ability and aptitude; (q) whose health is being irresponsibly impaired, may bring that child or young person before a juvenile court. (2) The court, if satisfied that the child or young person comes within any of the paragraphs in subsection (1) may - (a) make a corrective order - (i) sending him to an approved institution; or (ii) committing him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him; or (b) order his parent or guardian to enter into a recognisance to exercise proper care and guardianship; or (c) without making any other order, or in addition to making an order under either of the two last preceding paragraphs, make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer, or of some other person appointed for the purpose by the court: Provided that a child shall not be deemed to come within the scope of subsection 1 (1) (j) if the only common or reputed prostitute whose company such child frequents is the mother of such child and it is proved that she exercises proper guardianship and due car b to protect the child1 from contamination: Provided further1 that the court shall not make an order sending a child to an approved institution on the' grounds that the child comes within the scope of subsection (1) (o). (3) For the purposes of subsection (1) (n), but without prejudice to the generality of the words thereof, the fact that a child or young person is found, destitute, or is found wondering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale, or is found loitering for the purpose of so pegging or receiving alms, shall be evidence that he is exposed to moral danger. (4) Any court before which a person is convicted of having committed in respect of 3 child or young person any-offence referred to in section 1 (1) (f) may direct that the child or young person be brought before a juvenile court with a view to that court making such order under that subsection as may be proper, or, if satisfied that the material before them is sufficient to enable them properly to exercise jurisdiction, may, notwithstanding anything in Part II, themselves make any order which the juvenile court might make.

34. Where parent or guardian unable to exercise control. Where the parent «or guardian of a child or young person proves to a juvenile court that he is unable to control the child or young person, the court, if satisfied - (a) that it is expedient so to deal with the child or young person; and (b) that the parent or guardian understands the results which will follow from and consents to the making of the order, may make a corrective order in respect of such Child or young person or may order him to be placed for a specified period, not exceeding three years, under the supervision of a probation officer or of some other person appointed for the purpose by the court of may commit him to a Borstal Institution for a specific period not exceeding five years. [No. 19 of 1986.]

35. The court may order contribution. (1) Whenever a child or young person has under sections 14, 17 (8) (d), 33 or 34 been committed to an approved institution or to the care of an individual and the court is satisfied that the need for such an order has arisen from neglect on the part of any of the persons named in subsection (2), the Court may order any such person or persons to make contributions in respect of him. (2) The persons liable to make contributions as aforesaid are the father or stepfather of the child or young person or his mother or stepmother or any person who is cohabiting with the mother of the child or young person whether or not he is the putative father or the person in whose care and custody the child or young person has been during the two years immediately prior to the order of committal: [No. 3 of 1976.] Provided that in making such an order the court shall have regard to the means of the person ordered to contribute: Provided further that no person shall be ordered to contribute a sum exceeding six hundred naira a month in respect of a particular child or young person. (3) Where a court has made an order pursuant to subsection (1) and the person against whom the order has been made subsequently dies, the court may, upon application by a probation officer, and where the court thinks it reasonable so to do, order the making of that contribution to be continued by any other person falling within subsection (2) against whom the original order could have been made by reason of his neglect. (4) If any person neglects to comply with any order made under subsections (2) or (3) the court may for every -breach of the order direct the amount due to be levied in the manner by law provided for levying fines imposed by a court in a criminal proceeding, and in addition the court may sentence such person to imprisonment for a term not exceeding three months. (5) A court having jurisdiction over the place in which the person or persons liable to contribute may be may at any time, on the application of such person or persons or on the application of a Chairman of Local Government Council or authorised officer and on proof of a change of circumstances of the person or persons so required to contribute, increase, reduce or rescind any order in such manner as to the Court may seem just.

36. Presumption or determination of age. 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 child or young person, the Court shall make due inquiry as to the age of that person, and for that purpose shall require the production of a birth certificate or other direct evidence as to the date of birth and in the absence of such certificate or evidence, a certificate signed by a medical officer in the service of the Government giving his opinion as to such age, 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 Law, be deemed to be the true age of that person and, where it appears to the Court that the person so brought before it is of seventeen years or upwards, that person shall for the purposes of this Law be deemed not to be a child or young person.

37. Interpretation. In this Part - “moral danger” includes slavery, child bondage and exposure to destitution, prostitution or immorality of any kind.

38. Prohibition against dealing in children. (1) No person shall give or acquire the custody, possession, control or guardianship of a child whether or not for pecuniary or other benefit in such circumstances that it may reasonably be inferred that such child has been sold or bartered, or that by reason of such giving or acquiring such child may reasonably be inferred to be placed in moral danger. (2) In any prosecution Under subsection (1) "where it is proved that the custody, possession, control or guardianship of a child has been given to or acquired by a person other than a person being at member of the family of such child it shall be presumed by the court that such child has been given or acquired in contravention of the provisions of subsection (1): Provided that it shall be a defense to prove that such child was so given or acquired in accordance with customary law so far as such customary law is not repugnant to natural justice, morality or humanity or inconsistent with any written law.

39. Power to make orders as to custody and to make rules. The Governor may by order notwithstanding- any customary law to the contrary declare that in any area in the State described in such order no person shall give or acquire the custody, (possession, control or guardianship of any child or of any young person or of any female of any specified age below the age of seventeen years or shall remove any such female from such area save in accordance with rules' made by the Governor and such rules may be either general or made in respect of any particular area the State.

40. Restriction on prosecutions. No proceeding shall be taken' in respect of an offence against the provisions of section 38 without the written permission of a Chairman of Local Government, Council and any document purporting to be the permission of such Chairman of Local Government Council shall be received as prima facie evidence in any proceeding without proof being given that the signature to such permission is that of the Chairman of Local Government Council signing the same.

41. Penalties. Any person contravening the provisions of this Part or of any rules made thereunder shall be liable on conviction to imprisonment for a term of seven years.

42. Power to make regulations. (1) The Governor may make regulations generally for the carrying into effect of this Law and particular for - (a) regulating the management, control, inspection, discipline and interior economy of approved institutions; (b) proving for the inspection of persons committed to the custody of approved institutions and of individuals; (c) prescribing the disposal of contributions made under section 35; (d) prohibiting the employment of children or young persons in any particular trade, occupation, business or calling; (e) prescribing safeguards in respect of the employment of children or young persons whether by limitation of age or hours of work or otherwise; (f) generally to secure the health and welfare of children or young persons. (2) Regulations made under the provisions of subsection (1) may be made to apply either generally or in respect of such area as may be specified in such regulations. CHILDREN AND YOUNG PERSONS LAW. SCHEDULE Form of Corrective Order CHILDREN AND YOUNG PERSONS LAW [Cap. C7.] In the..............................................................................................................................Court. Let the 'boy or girl known by the name of.........................................................................whose description appears below be taken to..................................................................................... (name of institution or person) and be there detained in the custodyand care of ....................................... (the person in charge of the said institution subject to the provisions of the Children and Young Persons Law). This corrective order shall remain in force from the date thereof up to and inclusive of the............ day of..........................................

20................................................................................. Description Name........................................................................ Sex............................................................. Age.......................................................... Tribe ...................................................................................................................................... Name and address offather....................................................................................................... Name and address of mother.................................................................................................... Description of child ................................................................................................. .......... Re son for issue of corrective order.......................................................................................... Dated this ............................. day of......................................., 20 r.................... Judge ............................................................................................................. Division Magistrate........ ................................................................................................District Confirmed .............................day of........................................ 20......... ................... .................................................. Governor Delete as required To be left blank by the Judge or Magistrate and to be filled by the Governor.