AN ACT for the setting up of a Juvenile Court and to provide for mat­ ters relating to children and young persons.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

25th July, 1980

ACT Ne. XXIV of 1980

AN ACT for the setting up of a Juvenile Court and to provide for mat­

ters relating to children and young persons.

BE IT ENACTED by the President, by and with the auvice and

consent of the

House of Representatives, in this present Parliament as­

sembled, and by the authority of the same, as follows:-

Th i s Act may be cited as the Juvenile Court Act, 1980.

1.

In this Act, unless the context otherwise requires -

"child or young person" means a person who is under the age

of sixteen years;

"guardian" means a tutor or curator and includes a guardian

in fact;

"Minister" means the Minister responsible for justice;

"public officer" has the same meaning as is assigned to it by

section 126 of the Constitution.

(1) T he r e shalI be set up in accordance with the provisions of

this Act, a court of Iaw to be k n ow n as the Juvenile Court for the pur-

pose of hearing charges against, or other proceedings relating to, a child

or young person in accordance with this Act and for the purpose of exer-

cising any other jurisdiction conferred on juvenile courts by or under

this or any other Act, whether before or after the coming into force of

this Act.

(2) Without prejudice to subsection (1) of this section, the

Juvenile Court shall be deemed to be a Court of Judicial Police and

shaH ha ve the same jurisdiction with regard to the hearing of charges

and other proceedings relating to children or young persons which the

Court of Judicial Police, as a Court of Criminal Judicature and as a

Court o f Inquiry, would, but for the provisions of t his Act, have.

C apo 12

(3) A ll the provisions of the Criminal Code and of any other

law applicable to the Court of Judicial Police shall, subject to the pro�

visions of this Act, apply to the Juvenile Court

(4) Judgements and inter1oeutory deerees of the Juvenile

Court shall be subjeet to appeal in the same manner and within the same

time as would apply to judgements and inter1oeutory decrees of the

Court of Judicial Poliee as a Court of Criminal Judieature

Provided that no appeal sha11 lie from a deeision of the Juve­

nile Court under subsection (4) of seetion 4 of the Children and Young

Persons (Care Orders) Act, 1980.

(1)

The J uvenile Court shall consist of -

a Magistrate, as Chairman, and

(a)

(b) t'NO other members, who in the opinion of the Prime

Minister are qualified for dealing with juveniles, and of whom one

shall be a woman.

(2) The Chairman and the other members of the J uvenile

Court shall be appointed by the President in accordance with the advice

of the Prime Minister.

(3) A person who is a public officer shall not be eligible to

be appointed as one of the members mentioned in paragraph (b) of sub­

section (1) of this section.

(4) The office of a member of the Juvenile Court other than

the Chairman shall become vacant -

(a) at the expiration of five years from the date of his

appointment or at such earlier time as may be specified in the

instrument by which he was appointed; or

(b) if he is removed from office in the same manner and on

the same grounds as a Magistrate may be removed from office; 01'

(c)

if he becomes a public officer.

(5) The Chairman sha11 vacate his office upon the appoint­

ment of another Magistrate to act as Chairman of the Juvenile Court or

upon his eeasing to be a Magistrate.

(6)

If the office of a member of the Juvenile Court is vacant

01' if any sueh member is for any reason unable to perform the functions

of his office, the President acting in accordance with the advice of the

Prime Minister may appoint another person to be a temporary member

of that Court and any person so appointed shall, subject to the provisions

of subsections (4) and (5) of this section, cease to be a member when a

person is appointed to fill the vacancy or, as the case may be, when the

member who was unable to perform the fUl1ctious of his office, resumes

those functions.

(7) A person appointed as member of the Juvenile Court

other than the Chairman shall, at the beginning of the first sitting of the

Court after his appointment, take in open court an oath to discharge

his functions honestly and impartially and according to law; he shall

otherwise be bound by the same obligations, mutatis mutandis, arising

out of the form of the oath of office prescribed for Magistrates.

(8) The members of the Juvenile Court may abstain or be

challenged in the same cases in which, according to law, a Magistrate

may abstain of b0 challenged. Any question regarding any cause of

abstention or challenge and any question which is of law alone or which

concerns the admissibility of evidence, the competency of witnesses as

well as all questions relating to procedure, shall be decided by the Chair­

man alone.

(9) Subject to subsection (8) of this section any decision of

the Juvenile Court shall be taken by a majority of votes and shall be

delivered by the Chairman.

(1) The Juvenile Court shall hold sittings in Malta and in Sittings of the

Gozo at such regular intervals as may be necessary to expedite its JuveniIe Court.

business, and may also sit on Saturdays. The day and time of each sitting

shall be determined by the Chairman.

(2) The Minister shall, by notice in the Gazette, determine

the building or bui1dings where the Juvenile Court shall sit in Malta and

in Gozo.

(l) Where in the course of any proceedings before the Juve- Competence of

nile Court it appears to the Court that the person charged or to whom the Juvenile

the proceedings relate has attained the age of sixteen years, the said Court.

Court may, if it thinks it undesirable to adjoum the case and refer it

to the competent Court of Judicial Police, proceed with the hearing and

determination of the case

Provided that where the Court proceeds with the hearing and

determination of the case as aforesaid, the case shall be heard and

determined by the Chairman alone and the other members shall abstain

from taking further cognizance of the case.

(2) Where in the course of any proceedings before a Court

of Judicial Police it appears to the Court that the person charged or to

whom the proceedings relate is under the age of sixteen years, the said

Court shall adjourn the case and rerer it to the Juvenile Court which

shall proceed with the hearing and determination of the case as if the

proceedings had been commenced before the said J uvenile Court.

(3) Notwithstanding th0 provisions of section 3 of this Act,

and of subsections (1) and (2) of t11is section, the Juvenile Court shall

not be competent to hear charges against, 01' other proceedings relating

to, a child or young per son who is charged jointly with any other person

not being a child or young person.

No person other than the mernbers and officers of the Juveni1e Exclusion of

Court and of the prosecution, the parties to the case and their counsel the public from

hearings.

Of other members of the 1egal profession, representatives of the Ministry

responsible for Social Welfare, witnesses or other persons directly con­

cemed in the case, the parent or other relative or the guardian of the

child or young person charged or concerned in the proceedings, and

bona tide representatives of newspapers, shall, except by leave of the

J uvenile Court, be present at a sitting of the same or in any place

adjacent to the room in which the hearing of the case or proceedings

is held.

Without prejudice to anything contained in any other law, Restrictions on

(1)

and subject as hereinafter provided, no newspaper report of, or sound reports of

proceedings in

or television broadcast relating to, any pfoceedings in the Juveni1e Court the J u v e n i le

shall reveal the name, address Of school, or incIude any particulars Court.

calculated to le ad to the identification, of any child or young person

concerned in those proceedings, either as being the person against or in

.

.

.

respect of whom the proceedings are taken or as bemg a wltness �� erem,

nor shall any picture be published in any newspaper or on television as

being or inc1uding a picture of any child or young person so concerned

in any such proceedings as aforesaid

Provided that the Juvenile Court or the �v'Iinister may in any

case, if satisfied that it is appropriate to do so for the purpose of avoid­

ing injustice to a child or young person, by order dispense with the

requirements of this subsection in relation to him to such extent as may

be specified in the order.

(2) Any person who p ub1i s h e s or broadcasts any matter in

contravention of subsection (1) of this section shall be gui1ty of contempt

of the authority of the Juvenile Court and shall be liable to a fine

(ammenda or multa) or to detention in terms of the Criminal Code. sav­

ing always any otber punishment to which the offender may be liable

according to law in respect of any other offence arising from the said

publication or broadcast

Provided that in respect of such other offence separate proceed­

ings must be instituted, according to law.

(3) Without prejudice to the powers of the Juvenile Court

conferred on it by subsections (2) and (3) of section 3 of this Act, if the

Police become aware of the publication or broadcast of any matter in

contravel1tion of subsection (1) of this section, they shall forthwith in­

form the Juvenile Court and shall carry out such directions as the

Juvenile Court shall give, orally or in writing, for proceedings to be

taken before the said Court against the offender, either by summOllS or

by arrest.

(1) Where, in any pro�eedings before any court of criminal

justice in relation to all offence against, or any conduct contrary to,

decency or morality, a child or young p e r s o n is calIed as a witness. the

court may direct that any person, other than the persoDs mentioned

in section 7 of this Act, be exc1uded from the court during the taking of

the evidence of the witness.

(2) T h e powers conferred on a court by this section shall be

in addition and 'Nithout prejudice to any other powers of the court to

hold its sittings with c10sed doors.

1',"[0 child or young per son who is not accompanied by his

parent or other relative or guardian shall be permitted to be present in

any court of criminal justice during the trial of any person charged with

an offence or during any proceedings preliminary thereto; and any child

or young perSOl1 p res e n t in court who is unaccompanied as aforesaid

shall be ordered to be removed by the court unless he is the person

charged with the offence, or except during such time as h is presence is

required as a witness or otherwise for the purposes of justice.

(l) Th e prOVlS10ns of section 7 of this Act shall mutatis

mutandis apply to any court of crirninaI justice where the person or one

of the persons charged or indicted, or where the appel.lant or the respond­

eriminal j ustice.

ent or one of the appellants or one of the respondents, is a child or

young person.

(2) The provisions of s e c t i o n 8 of this Act shall mutatis

mutandis apply to p r o ce e ding s before any court of criminal justice.

A

The Minister shall have power to make regulations for pre- Power to

scribing the remuneration payable to the members of the Juvenile Court make

regulations.

other than the Chairman.

Repeal of

The Juvenile Courts Ordinance is hereby repea1ed.

Passed by the House of Representatives at Sitting No. 417 of the 21st Ju1y, 1980.

C. AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

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