or on behalf of any person who in his opinion is a properly interested person, require
the appearance before the court of the maker of any such affidavit or report and shall
afford that person an opportunity to cross-examine the maker of the affidavit or report
upon oath.
(3) Any person who in the opinion of the officer presiding over a children’s court is a
properly interested person shall be entitled to examine any witness appearing before
the children’s court in person or by a legal practitioner:
Provided that the officer presiding shall disallow any question which in his opinion is
not relevant or is not otherwise a proper question.
(4) Where it appears to the officer presiding over a children’s court that a witness has
been asked any question tending to incriminate such witness, he shall inform the
witness that he may refuse to answer the question.
(5) No person shall publish the name, address or school or any other information
likely to reveal the identity of any child or young person who is or has been
concerned in any proceedings in a children’s court:
Provided that, if the officer who presides or presided at such proceedings considers
that such publication would be just and equitable and in the public interest, he may by
written order dispense with the prohibition of this subsection and to such extent as
may be specified in the order.
(6) At any sitting of a children’s court no person shall be present unless—
(a)
his presence is necessary in connection with the proceedings of that
court or he is an officer of that court; or
(b)
he is a parent or guardian of a child or young person whose presence
is necessary in connection with the proceedings of that court; or
(c)
he is the legal practitioner representing such child or young person or
parent or guardian; or
(d)
the officer presiding at that sitting has granted him permission to be
present; or
(e)
he is the person in charge of the home or institution in which the child
is residing or the nominee of such person.
(7) On the application of a children’s court assistant, the clerk of the children’s court
to which that assistant is attached shall subpoena any witness to give evidence or to
produce a book or document at any proceedings of that court.
(8) On the application of any person who is likely to be affected by any order which
may be made by a children’s court as a result of any proceedings therein, or on the
application of the representative of such person, the clerk of the children’s court shall
subpoena any witness to give evidence or to produce a book or document at those
proceedings.
(9) Any subpoena referred to in subsection (7) or (8) shall be served in the same
manner as if it were a subpoena for the attendance of a witness at a criminal trial in a
magistrates court.
(10) Sections 74, 75 and 76 of the Criminal Procedure and Evidence Act [Chapter
9:07] shall apply, mutatis mutandis, in connection with a person subpoenaed in terms
of subsection (7) or (8) or required by the officer presiding over a children’s court to
give evidence in any proceedings in such court.
(11) The Minister responsible for justice may make rules for regulating the procedure
in children’s courts and may make different rules for the various matters which in
terms of this Act or any other enactment are to be dealt with in children’s courts.
[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the
24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th
February, 2002 - Editor.]
(12) Such records of the proceedings of a children’s court shall be kept as may be
prescribed and shall, subject to section seventy-four, be accessible to such persons
and upon such conditions as to payment of fees and otherwise as may be prescribed.
6
Certain provisions of Cap 7:10 to apply to children’s courts