Minister, on every person detained in his establishment, and on the expiration of the period of detention. On discharge, the juvenile remains for a further period of one year under the
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supervision of the person in charge of the establishment where he was detained. But the Minister may grant him a li cence similar to the one granted during the period of supervision for the
unexpired residue of the period of supervision. This Icience may similarly be revoked and the 1icencee recalled to the school or institution where he may be deta ined for a peri od not exceeding three months. At any time after such recall, he may again be discharged on 1icence. But the person granted the licence during
the period of supervision must not be recalled to the
establishment unless the grantor of the licence is of the view that the recall is necessary for the protection of the licencee, and so soon as may be after any such recall, and in no case later than three months after the date thereof, the juvenile or young person shall again be piaced on 1icence. Any such person so
recalled shall in no case be detained after the expiration peri od of the supervi si on.
In any event, the Minister has power to direct at any time or for such reason as he in his absolute discreation may think fit, direct any young offender in need of care and protection to be di scharged from a school or an institution. The discharge may be with or without conditions.
Offences
Anybody who harbours or conceals a young offender or juvenile who is in need of care or protection and has been ordered to be sent to school or an institution commits an
offence. Li kewise, it is an offence for any young offender who has been ordered to be detained in an establishment to escape from the establishment or to escape from custody of the person in whose charge he has been placed or pending, or in the course of being conveyed or transferred. Again the young offender commi ts an offence during absence from his school or institution or when on temporary 1eave of absence or on 1icence, he escapes from the person in whose charge he has been placed and faiIs to return to the school or institution upon the expiration of his leave or upon the revocation of his 1icence. An offence is also committed if the young offender being absent from school or institution under supervision, fails to return to the school or institution upon being recalled. And i f he commits any of the offences just referred to above, he may be arrested without warrant and may be brought before a District Magistrate who made the order, that the term of the detention in the school or institution be enchanced by such period not exceeding six months as the magistrate may direct, notwithstanding any limitation as to the term for whi ch a person may be detained in a school or institution.
In a case in which a magistrate is satisfied, upon
information on oath, that any person authorised to convey a young offender or juvenile in need of care or protection, to be
detained in a school or institution or remand home, is unable to determine the whereabouts of that young offender or take him into
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custody for such purpose and that any other person named in the information is in the position to produce the young offender or juveni1e in need of care or protection, the magistrate will issue a summons requiring the person so named in the information to attend court at a date specified in the summons and then produce the young offender or juvenile. The magistrate will also issue such a summons if he is similarly satisfied that there is
reasonable ground for believing that any of the offence spedfied in Section 387 of the Criminal Procedure Code has been committed, and that any person named in the information is able to produce the offender, or juvenile in need of care or protection.
Every person so summoned who, without reasonable excuse, fails to attend court as requi red or to produce the young
offender or juvenile in need of care and protection, shall, in addition to any other liability to which he may be subject, be guilty of an offence. Finally, it is an offence for any person
to knowingly prevent any juvenile offender from returning to a school or institution, when that juvenile is required to do so under the provision of the law.
There are not many reported cases in the Ghana Law Reports, but this is no reflection on the number of cases which come
before and are handled by the juvenile courts. The reason for the dearth of reported cases in the Law Reports may be attributed to the fact that not many of the cases which are brought to the
juvenile courts reach the Superior Court of Judicature (though the right of appeal exists up to the Supreme Court) from which cases are then reported by the Council for Law Reporting.* 8/
It would be instructive at this stage to publish in detail a sample of Probation Officers' Reports to illustrate the amount of industry put in when dealing with juvenile offenders and the
close collaboration in which the Department of Social Welfare works with the juvenile courts:
Probation Officers' Report of Investigation Juvenile Court: Accra, Ghana Case No. 22/90 Hate : 15th May, 1990
Name* : x
Age : 3 6
Address : c/o his father's address, Accra
Offence or Complaint: Stealing contrary to Section 124 (1) of Act 29/60
.8/ * Under Section 15 of Council for Law Reporting decree 1972, NRCD 64, every judge of the Superior Court of Judicature is under a duty to deliver or cause to be furnished to the Editor of the Council for Law Reporting, a certified true copy of every judgement, ruling or opinion delivered by him for publication.
9/ * For reasons of confidentiality, names have been withheld.
Previous Offence : In 1988 X stole C6,000.00 from a woman at
Sunyani. When a report was made to the Sunyani Police, he run away f.o Accra where he was eventually arrested and sent to the Sunyani Police where he was cautioned and released after the
amount was paid.