Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 287 · cap/287 (Cap. 287)

Cap. 287 Art. 4Constitution of Juvenile Court.

In KraftAmtlicher Text

(1) The Juvenile Court shall consist of a magistrate.

(2) In the proceedings before it, except for the proceedings filed in terms of article 3(2)(b) the Juvenile Court shall be assisted by two persons, one of whom shall be a woman, appointed under this article, whom the court may consult in any case for its decision.

(3) Such consultation shall take place in open court, and the court shall not be bound to abide by the opinion of the assistants.

(4) The two assistants shall be appointed by the President, acting in accordance with the advice of the Prime Minister, from amongst persons who in the Prime Minister’s opinion have previous experience and special qualifications for dealing with problems of juveniles.

(5) The President may, at any time, appoint more than two persons as assistants of the Juvenile Court but only two such persons shall assist the court in any one case.

(6) The office of an assistant of the Juvenile Court 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 is 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.

(7) A person appointed as assistant of the Juvenile Court shall, at the beginning of the first sitting of the court after his appointment, take in open court an oath to discharge his functions faithfully, impartially and in accordance with this Act.

(8) The assistants of the Juvenile Court may abstain or be challenged for the same reasons and on the same grounds as, according to law, a magistrate may abstain or be challenged. Any question regarding any cause of abstention or challenge shall be decided by the magistrate.

Änderungsgeschichte
  • Amended by XXIII.2021.30