Juvenile Justice System Ordinance 2000

8/18/2019 Juvenile Justice System Ordinance 2000

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THE JUVENILE JUSTICE SYSTEM ORDINANCE, 2000(XXII of 2000)

CONTENTS

1. Short titl, !t"t #"$ %o&&"%&"t2. Dfi"itio"'

3. L#l #''i't#"%4. J*"il %ort'5. No +oi"t tri#l of # %hil$ #"$ #$lt r'o"6. -ro%$r of +*"il %ort'7. Dtr&i"#tio" of #8. -rohi.itio" to .li'h ro%$i"' of %#''

9. -ro.#tio" Offi%r10. Arr't #"$ .#il

11. Rl#' o" ro.#tio"

12. Or$r' th#t 'h#ll "ot . #''$ /ith r'%t to # %hil$13. A#l, t%.14. Or$i"#"% "ot to $ro#t fro& othr l#/'

15. -o/r to rl'


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TEXT

Th J*"il J'ti% S1't& Or$i"#"%, 2000(XXII of 2000)

[1st July, 2000] A"

Or$i"#"%

to provide for protection of the rights of children involved in criminal litigation

WHEREAS it is expedient to provide for protection of children involved in criminal litigation,their rehabilitation in society, re-organization of !venile co!rts and matters connected there"ithand incidental thereto#

A$% WHEREAS the $ational Assembly and the Senate stand s!spended in p!rs!ance of&roclamation of Emergency of the fo!rteenth day of 'ctober, ())), and the &rovisional

*onstit!tion 'rder $o. ( of ()))# A$% WHEREAS the &resident is satisfied that circ!mstances exist "hich render it

necessary to ta+e immediate action#

$'W, HERE'RE, in p!rs!ance of the &roclamation of Emergency of the fo!rteenthday of 'ctober, ())), and the &rovisional *onstit!tion 'rder $o. ( of ())), as "ell as 'rder $o.)of ())), and in exercise of all po"ers enabling him in that behalf, the &resident of the slamicRep!blic of &a+istan is pleased to ma+e and prom!lgate the follo"ing 'rdinance/-

3 Short titl, !t"t #"$ %o&&"%&"t34 0(1 his 'rdinance may be called the 2!venile2!stice System 'rdinance, 3444.

031 t extends to the "hole of &a+istan.

051 t shall come into force at once.

23 Dfi"itio"'34 n this 'rdinance, !nless there is anything rep!gnant in the s!bect orcontext, 6

0a1 7borstal instit!tion8 means a place "here child offenders may be detained and givened!cation and training for their mental, moral and psychological development#

0b1 7child8 means a person "ho at the time of commission of an offence has notattained the age of eighteen years#

0c1 7*ode8 means the *ode of *riminal &roced!re, (9)9 0Act : of (9)91#

0d1 7g!ardian8 means a parent or a person "ho has act!al care of the child andincl!des s!ch relative "ho is "illing to bear the responsibility of the child#

0e1 7!venile co!rt8 means a co!rt established !nder section ;#

0f1 7offence8 means an offence p!nishable !nder any la" for the time being in force#and

0g1 7&robation 'fficer8 means a person appointed !nder the &robation of 'ffenders'rdinance, (): of ()


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63 J*"il %ort'34 (0(1B he &rovincial ?overnment shall, in cons!ltation "ith the *hief2!stice of High *o!rt, by notification in the official ?azette, establish one or more !venile co!rtsfor any local area "ithin its !risdiction.

031 he High *o!rt may-

0a1 confer po"ers of !venile co!rt on-0i1 *o!rt of Sessions# orB

0ii1 2!dicial Cagistrate of the irst *lass# and

0b1 appoint, from amongst practicing advocates having at least seven yearsstanding at the @ar, &residing 'fficers of 2!venile *o!rts "ith po"ers of a2!dicial Cagistrate of the irst *lass for the p!rposes of this 'rdinance ons!ch terms and conditions as the High *o!rt may determine.

051 he !venile co!rt shall have the excl!sive !risdiction to try cases in "hich a child isacc!sed of commission of an offence.

0;1 S!bect to s!b-section 051, on commencement of this 'rdinance, all cases pendingbefore a trial *o!rt in "hich a child is acc!sed of an offence shall stand transferred to the !venileco!rt having !risdiction.

0D1 he !venile co!rt shall not, merely by reason of a change in its composition, ortransfer of a case !nder s!b-section 0;1, be bo!nd to recall or rehear any "itness "ho has givenevidence and may act on the evidence already recorded.

0


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0D1 Where at any stage d!ring the co!rse of the trial of a case, the !venile co!rt issatisfied that the attendance of the child is not essential for the p!rposes of the trial, the !venileco!rt may dispense "ith the attendance and proceed "ith the trial of the case in absence of thechild.

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0a1 if, being acc!sed of an offence p!nishable "ith death has been detained for s!ch anoffence for a contin!o!s period exceeding one year and "hose trial for s!ch anoffence has not concl!ded#

0b1 if, being acc!sed of any offence p!nishable for imprisonment for life has beendetained for s!ch an offence for a contin!o!s period exceeding six months and

"hose trial for s!ch offence has not concl!ded# or

0c1 "ho, being acc!sed of any offence not p!nishable "ith death, or imprisonment forlife, has been detained for s!ch an offence for a contin!o!s period exceeding fo!rmonths and "hose trial for s!ch an offence has not concl!ded/

&rovided that "here a child of the age of fifteen years or above is arrested, the *o!rt mayref!se to grant bail if there are reasonable gro!nds to believe that s!ch child is involved in anoffence "hich in its opinion is serio!s, heino!s, gr!esome, br!tal, sensational in character orshoc+ing to p!blic morality or he is a previo!s convict of an offence p!nishable "ith death orimprisonment for life.

3 Rl#' o" ro.#tio"34 Where on concl!sion of an inF!iry or trial, the !venile co!rt findsthat a child has committed an offence, then not"ithstanding anything to the contrary contained inany la" for the time being in force, the !venile co!rt may, if it thin+s fit-

0a1 direct the child offender to be released on probation for good cond!ct and places!ch child !nder the care of g!ardian or any s!itable person exec!ting a bond "ithor "itho!t s!rety as the co!rt may reF!ire, for the good behavior and "ell-being ofthe child for any period not exceeding the period of imprisonment a"arded to s!chchild/

&rovided that the child released on probation be prod!ced before the !venileco!rt periodically on s!ch dates and time as it may direct.

0b1 ma+e an order directing the child offender to be sent to a borstal instit!tion !ntil heattains the age of eighteen years or for the period of imprisonment "hichever isearlier.

0c1 red!ce the period of imprisonment or probation in the case "here the *o!rt issatisfied that f!rther imprisonment or probation shall be !nnecessary.

23 Or$r' th#t 'h#ll "ot . #''$ /ith r'%t to # %hil$34 $ot"ithstanding anything tothe contrary contained in any la" for the time being in force no child shall be-

0a1 a"arded p!nishment of death, or ordered to labo!r d!ring the time spent in anyborstal or s!ch other instit!tion# and

0b1 Handc!ffed, p!t in fetters or given any corporal p!nishment at any time "hile in

c!stody/

&rovided that "here there is reasonable apprehension of the escape of the childfrom c!stody, he may be handc!ffed.

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Documents

Juvenile Justice System Ordinance 2000