such court has jurisdiction and the court thinks that the charge
is proved, the court, in addition to any powers exercisable by
virtue of this or any other enactment, may by order, commit the
4/ l_/ The part dealing with Probation & Discharge of offenders 5/ 2_/ The part dealing with Industrial Schools & Borstal
Institutions.
juvenile to the cars of a fit person, whether a relative or not, who is willing to take care of him. In addition, a probation order may be made where the parent or guardian proves to the court that he is unable to control the juvenile. In this case the court, if satisfied that it is expedient to deal with the juvenile in that manner, and that the parent or guardian
understands the result of such an order and consents to it, may make an order placing him for a specified period under the
supervision of a probation officer or some other person appoi nted for that purpose by the court. Subsection 4 of Section 347
further states that the court to whi ch an applicat ion is made for an order under Section 347 of the Code may, until such time as it comes to a decision on the application, commit the juvenile to a remand home. The section further states that where, in the case of any juvenile who has been committed to the care of the
Minister responsible for Social Welfare is of the opinion that the juvenile shoul d be sent to an industrial school or to a borstal institution, the Minister may apply to the court which made the the order of committal, and the court, may make such an order if it thinks it is desirable in the interest of the
juvenile to be sent to such school or institution.
Duration of probation and supervision orders
Although there are provisions in the Code limiting the
duration of probation orders to not less than six months nor more than three years, where a court makes a probation order in
respect of a juvenile in connection with a fit person order, the probation may be made to last only for as long as the fit person order remains in force. A court is precluded from making or
varying a supervision order under Section 349 (2) (d) of the Code or under Section 347 (3) (ii) of the Code, so as to extend the period during which the juvenile is subject to supervision beyond three years, unless the juvenile is, for an additional period, subject to a fit person order made under Section 349 (2) or Section 347 (3) (i ) .
Power to bring before court in certain cases
Section 349 of the Code sets out in detail the various categories of juveniles who are in need of care and protection and these are:
- orphans or those deserted by relatives;
- those neglected or i11-treated by persons having the care and custody of such juveniles;
- those with parents or guardians who do not exercise proper guardianship, desti tutes;
- those under the care of parents or guardians who by reason of criminal or drunken habits are unfit to have the care of such juveniles;
those who are. wandering and have no home or settled place of abode or visible means of subsistence;
those who are begging or receiving alms, whether or not there is any pretence of singing, playing s performing or offering anythi ng for sale or otherwise, or are found in the street, premises or places for the purpose of beggi ng or receiving alms;
those who accompany any persons when those persons are.
begging or receiving alms whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise;
those who frequent the company of any reputed thief or common or reputed prostitute;
those who are lodging or resi di ng in a house or part of a house used by a prostitute for the purpose of prostitution who could otherwise corrupt the juvenile;
persons in relation to whom an offence has been committed or attempted as specified in Section 314 of the Criminal Code 1 /
.6/ 1_/ Section 314 of the Criminal Code (1960) Act 29 deals
with slave dealing and stipulates the offences which a person shall be guilty of a second degree felony. It reads as
follows:
whoever:-- deals or trades in, buys, barters, transfers or takes any slave;
- deals or trades in, buys, sells, barters, transfers or takes any person in order that the person may be held or treated as a slave;
- places or receives any person in servitude as a pledge or security for debt, whether the due owing or to be incurred or contingent, whether made by the name of the person or by whatever other name that person may be called;
- conveys any persons or induces any person to come to Ghana in order that such a person may be dealt with or traded in, bought, sold, bartered, transfered or becomes a slave, or to be placed in servitude as a pledge or security for debt;
- conveys or sends any person or induces any person to go out of Ghana in order that, the person may be dealt with or traded in, bought, sold, bartered, transfered or becomes a slave, or to be placed in servitude as a pledge or security for debt; or
- enter into any contract or agreement with or consideration
for doing any of the acts or accomplishing any of the
aforementioned purposes; or
- by any act of coercion or restraint, otherwise in
accordance with the labour ordinance, compels or attempts to compel the services of any person.
- are found acting in a manner by which it is reasonable to suspect that they are and have been sol i ci ti ng or
importing for immoral purpose;
- are otherwise exposed to moral or physical dangers.
Furthermore, under Section 349 of the Code which has been extensively amended by Act 177, police and probation officers have been empowered to take a juvenile to a place of safety if they have reasonable grounds to beli eve that he needs care or protection and in their opinion, it is in the interest of the juvenile to do so. This power entitles the said officers to take the juvenile to a place of safety which has been defined to
include the following:
- a home of a relative, or a probation officer or some other person who in the opinion of the police or probation
officer, is fit and willing to take care of such a juvenile until he'can be brought before the court;
- a home approved by the Minister responsible for Social We 1f a r e;
- a remand home or a police station, where non of the said homes is available. The juvenile is kept there for a
period not exceeding eight days or until he can be brought before the court, whichever i s sooner.
Any police officer is entitled to bring a juvenile before a
juvenile court or the nearest District Court if the officer has
reasonable ground to believe that the juvenile is in need of care or protection. Where the court is satisfied that the juvenilefalls within any of the categories set out under Section 349 it
may
- make any order committing him to the care of any fit person (whether relative or not) who is willing to care for him;
- order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; or
- without making any order, or in addition to making an order, place him for a specified period, not exceeding three years or until he attains the age of eighteen
whichever is sooner, under the supervision of a probation officer, or some other person appointed for the prupose by the court.
When the court makes an order committing a juvenile to the care of a fit person or placing him under the supervi si on of a probation officer, the court may insist on securing the
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supervision of the juvenile as the court, may deem fit, including a condition as to residence. Such an order relating to residence should spell out in detail the place and the period for which the juvenile is to reside. If he has to be resident in an
institution, the period shall not exceed twelve months from the date of the order. A court is precluded from making a
supervision beyond three years unless the juvenile is, for the additional period, subject to a fit person order made under the Code. Until such time as the court dealing with the matter decides whether the juvenile comes under any of the categori es described above, the court may from time to time commit him to a remand home or to the care of a probation officer or other
suitable person. Whether a court makes an order under this section 349 of the Code, it may make a further order that the parent, guardian or person responsible for the juvenile should pay to a speci fied person in the order, the cost of maintaining the juvenile.
A juvenile shall not be deemed to frequent the company of a common or reputed prostitute if the only such prostitute whose company he frequents is his own mother and it is proven that she exercises proper guardianship and due care to protect him from bad influence.
APPROVAL OF CHILREENS^S HOMES
Section 350 of the Code requires that a court shall not, under sections 346, 347 or 349 of the Code, designate the manager of any institute as a fit person to whom the care of a juvenile
is to be committed, unless the institite is one which the
Minister responsible for Social Welfare has for the time being, approved by notice published in the Gazette.
GENERAL PROVISIONS AS TO COURT ORDERS RELATING TO JUVENILES
A juvenile who is the subject of any order made under Sections 346, 347 or 349 of the Code and who runs away from
detention, custody, care or supervision in or under which he has been placed by the order, may be apprehended without warrant and returned to such detention, custody, care or supervision. Where in the case of a juvenile who has run away from the care of a fit person who is no longer willing to take him back, the court may make an order which it is empowered to make and which in all the circumstances of the case, the court thinks fit. Any order made under Section 346, 347 or 349 of the Code may at any time be varied or revoked by the court which made such an order and the provisions of Section 369 shall apply mutatis mutandis to such an order or any other matter specified in it in the same manner as those provisions which apply to a probation order or any matter specified in such probation order. The order under any section just referred to may be made so as to remain in force until the juvenile in respect of whom it is made attains the age of
eighteen years, or if the court making the order is of the
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opinion that is is in the best interest, for such lesser peri od as may be specified therein.
There in n right of npprfll to t-.hn High Court, agninnh any
order made under Sections 346, 347 and 349 of the Code. The Minister may in particular provide, in such regulations, tor the payment of expenses in respect of juveniles who are subject to any order, under any of these sections and as to the persons whomay be required to mnke; or contribute townrdn nueh payments.
limitations of Sentencing