S.L. 285.1 · Children And Yound Persons (S.L. 285.1)
S.L. 285.1 Art. 5Manner and time within which the JuvenileCourtis review a case. Renumbered and
(1) Save as hereinafter provided, the manner and the time within which the Juvenile Court shall review a case as provided in to article 4(4) of the Act shall be in accordance with the provisions of the Juvenile Court Act.
(2) The Juvenile Court shall hold a sitting to review a case as soon as may be, but in any case not later than seven days from the date on which the Registrar of the Court shall have received from the Chief Executive Officer the written communication referred to in regulation 4:
Provided that prior to the sitting, the Registrar of Court shall notify the parties of the date, hour and location of the hearing.
(3) The Juvenile Court shall deal with the case as expeditiously as possible, and shall in any case reach its decision not later than twenty-one days from the date of the first sitting referred to subregulation (2).
(4) Saving the provisions of article 77(2), (3) and (4) of the
Code of Organization and Civil Procedure, it shall be lawful for the Minister and for the person objecting to the care order to be represented by an advocate or a legal procurator and such advocate or legal procurator may examine or cross-examine witnesses, produce evidence and make in support of or against the care order any other submissions which the Court may consider admissible: Provided that the Minister shall not be required to be present in person during any sitting of the Juvenile Court, except when his evidence is required.
(5) Proceedings before the Juvenile Court for the review of cases as provided in article 4(4) of the Act shall be deemed to be civil proceedings; and the burden of proving that the care order should be confirmed shall, in every case, lie with the Minister.
(6) It shall be lawful for the Juvenile Court to require further evidence besides that submitted by the Minister or the person objecting to the care order and for such purpose the Juvenile Court may, ex officio, summon any person to give evidence and order any document to be produced: Provided that the Juvenile Court may not require any evidence which would otherwise be inadmissable in a civil court: Provided further that nothing in this sub-regulation shall be construed as affecting articles 587, 588, 589(2) and 637(3) of the Code of Organization and Civil Procedure.
(7) Whenever the child or young person in respect of whom the care order has been made is required by the parties or by the Juvenile Court ex officio to give evidence, the said Court may, if it is satisfied that in the special circumstances it is appropriate so to do, order the parents and the guardian, including the person making the objection and any other relative of the said child or young person, to withdraw from the Court while his evidence is heard: Provided that if the person so excluded is the person making the objection to the care order, the Juvenile Court shall inform him of the substance of any allegations made against him or against any of his close relatives by the child or young person in the course of his deposition: Provided further that for the purpose of this sub-regulation a person who lives or has lived for a period of two weeks or for periods amounting in the aggregate to two weeks with the person making the objection to the care order shall, even though not related by blood or marriage, be deemed to be a close relative of that person.
(8) No objection may be raised to the competence of the Juvenile Court to review a case as provided in article 4(4) of the Act on the grounds that the child or young person in respect of whom the care order was made has, since the date when the said order was made but before the Juvenile Court has disposed of the case, attained the age of sixteen years.
Historique des modifications
- Amended by II.2019.12
Renvoie à
- S.L. 285.1 Art. 4
- S.L. 285.1 Art. 587
- S.L. 285.1 Art. 588
- S.L. 285.1 Art. 589
- S.L. 285.1 Art. 77