CROSS RIVER – CHILDREN AND YOUNG PERSONS LAW
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LAWS OF CROSS RIVER STATE
CHAPTER C4
CHILDREN AND YOUNG PERSONS LAW
ARRANGEMENT OF SECTIONS
PART 1
Juvenile Offenders
SECTION
- Bail of juvenile arrested.
- Custody of juvenile not discharged on bail after arrest.
- Association with adults while in custody.
- Constitution of juvenile court.
- Remand or committal to custody.
- Procedure in juvenile court.
- Rules of Court.
- Attendance at court of parent or guardian.
- Power to order parent or guardian to pay fine, damages or costs and to give security.
- Restrictions on punishment.
- Detention in the case of certain crimes committed by juvenile.
- Method of dealing with juvenile charged with offences.
- Places of detention.
- “Conviction” and “sentence” not to be used in relation to juveniles.
PART 2
Probation Officers
- Appointment of probation officers.
PART 3
Approved Institutions
- Establishment of approved institutions.
- Committal orders.
- Committal order need not come into immediate operation.
- Limitation of age.
- Leave from approved institutions.
- Legal custody.
- Procedure in case of unruly, etc., juvenile.
- Power to vary committal order.
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(4) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.
(5) Any sums imposed and ordered to be paid by a parent or guardian under this section, or on forfeiture of any such security as aforesaid, may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the juvenile was charged.
(6) A parent or guardian may appeal against an order made under this section to the High Court.
- Restrictions on punishment
(1) No child shall be ordered to be imprisoned.
(2) No young person shall be ordered to be imprisoned if in the opinion of the court he can be suitably dealt with in any other way whether by probation, fine, corporal punishment, committal to a place of detention or to an approved institution or otherwise.
(3) A young ordered to be imprisoned shall not be allowed to associate with adult prisoners.
- Detention in the case of certain crimes committed by juvenile
Notwithstanding anything to the contrary in this Law or in any written law, where a juvenile is found guilty of an attempt to murder, or of manslaughter, or of wounding with intent to do grievous bodily harm, the court may order the offender to be detained for such period as may be specified in the order, and where such an order is made the juvenile shall, during that period be liable to be detained in such place and in such condition as the Governor may direct, and whilst so detained shall be deemed to be in legal custody.
- Method of dealing with juvenile charged with offences
Where a juvenile charged with any offence is tried by a court, and the court is satisfied of his guilt, the court may—
(a) dismiss the charge; or
(b) discharge the offender upon his entering into a recognisance; or
(c) discharge the offender and place him under the supervision of a probation officer; or
(d) commit the offender by a committal order to the care of a fit person; or
(e) commit the offender by a committal order to an approved institution; or
(f) order the offender to be whipped; or
(g) order the offender or the parent or the guardian of the offender to pay a fine, damages or costs; or
(h) order the parent or the guardian of the offender to give security for his good behaviour; or
(i) commit the offender to custody in a place of detention provided under this Law for a period not exceeding six months; or
(j) if the offender is a young person order him to be imprisoned subject to the provisions of subsections (2) and (3) of section 10; or
(k) deal with the matter in any other manner in which it may legally be dealt with.
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- Places of detention
(1) The Commissioner or a local government with the prior approval of the Commissioner may establish remand homes.
(2) The Commissioner may make rules for the management, upkeep and inspection of such remand homes.
(3) Where a remand home is conveniently situated it shall be a place of detention for the purposes of section 2, 5 and 12.
(4) Where no remand home is conveniently situated a juvenile ordered to be detained in custody may, in the discretion of the police officer or officer of the court as the case may, be detained in an approved institution, prison or police station or any other suitable place or in the care and custody of such person as the police officer or court may think proper.
- “Conviction” and “sentence” not to be used in relation to juveniles
The expressions “conviction” and “sentence” shall not be used in relation to a juvenile dealt with in a juvenile court and any reference in any written Law to a person convicted, a conviction or a sentence shall, in the case of a juvenile, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding as the case may be.
PART 2
Probation Officers
- Appointment of probation officers
(1) The Civil Service Commission may appoint fit and proper persons of either sex to be probation officers or assistant probation officers.
(2) An assistant probation officer shall perform all or any of the duties of a probation officer under the direction of a probation officer.
(3) A probation officer when acting under a probation order shall be subject to the control of the courts for the area for which he is appointed.
(4) When a juvenile is charged with any offence other than homicide and the court is satisfied that the charge is proved, the court may make an order discharging the offender conditionally upon his entering into a recognisance, with or without sanctions, to be of good behaviour and to appear to be further dealt with when called upon at any time during such period, not exceeding three years, as may be specified in the order and to comply with such other terms as may be specified in the order. A recognisance entered into under this section as may be named in the order during the period specified in the order and such other condition for securing such supervision as may be specified in the order, and an order requiring the insertion of such conditions as aforesaid in the recognisance is in this Law referred to as a “probation order”.
(5) The probation officer or other person named in a probation order may at any time be relieved of his duties, and, in any such case or in case of the death of the person so named, another person may be substituted by the court before which the offender is bound by his recognisance to appear to be further dealt with.
(6) It shall be the duty of a probation officer, subject to the discretion of the court—
(a) to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit;
(b) to see that he observes the conditions of his recognisance;
(c) to report to the court as to his behaviour;
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(d) to advise, assist, and befriend him and, when necessary, to endeavour to find him suitable employment.
(7) The court before which any person is bound by his recognisance under this Law to appear to be further dealt with may, upon the application of the probation officer, and after notice to the offender, vary the conditions of the recognisance and may, upon being satisfied that the conduct of that person has been such as to make it unnecessary that he should remain longer under supervision, discharge the recognisance.
(8) (a) If the court before which an offender is bound by his recognisance to appear to be further dealt with, or any court, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his apprehension, or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties, if any, requiring him or them to attend at such court and at such time as may be specified in the summons.
(b) The offender, when apprehended, shall, if not brought forthwith before the court before which he is bound by his recognisance to appear to be further dealt with, be brought before a court.
(c) The court before which an offender on apprehension is brought, or before which he appears in pursuance of such summons as aforesaid, may, if it is not the court before which he is bound by his recognisance to appear to be further dealt with, remand him to custody or on bail until he can be brought before the last-mentioned court.
(d) A court, before which a person is bound by his recognisance to appear to be further dealt with, on being satisfied that he has failed to observe any condition of his recognisance, may forthwith, without any further proof of his guilt, deal with him as for the original offence.
PART 3
Approved Institutions
- Establishment of approved institutions
The Commissioner may establish institutions or may declare any school or institution to be an approved institution for the purposes of this Law.
- Committal orders
(1) A committal order shall be in the form in the Schedule or as near thereto as the circumstances may require.
(2) A committal order shall be prepared in triplicate by the court by which it is issued, provided that where it is proposed to commit the juvenile to a person named, the committal order shall not be prepared until it has been ascertained that such person so named in the order is willing to accept guardianship of such juvenile under the terms of the committal order. The court shall send the committal order in triplicate to the Commissioner together with a report which shall state the tribe or community to which the juvenile belongs, the religion of the person in whose custody the child or young person has been, the circumstances in which and the reasons why the committal order has been issued by the court.
(3) The Commissioner may disallow or confirm a committal order. If the Commissioner disallows an order the juvenile to whom it relates shall be brought before the court again to be otherwise dealt with under the provisions of section 12 or 24 as to the court may seem proper.
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If the Commissioner confirms an order he may confirm or vary the period for which the committal order shall be in force.
(4) One copy of the committal order shall be filed by the Commissioner, another by the court by which it was issued, and the third shall be sent with the juvenile named therein to the approved institution or person to which or to whom the juvenile is to be sent under such order.
- Committal order need not come into immediate operation
The operation of a committal order may be suspended pending the completion of arrangements for the reception of the juvenile into an approved institution or on account of his ill health or for other good and sufficient reason, and in such a case the court to the care of some fit and proper person willing to undertake such custody, or may release him on bail.
- Limitation of age
No committal order shall be made in respect of a person who has attained the age of seventeen years, and no such order shall remain in force after the person to whom it relates shall have attained the age of twenty years.
- Leave from approved institutions
At any time during the period of a person’s detention in an approved institution, the person in charge thereof may grant leave to him to be absent therefrom in the charge of such person and for such period as the manager may think fit, but during such leave he shall, for the purposes of this Law, be deemed to be under the care of the manager, who may at any time require him to return to the approved institution.
- Legal custody
A juvenile whilst detained in or whilst on leave from an approved institution in accordance with the provisions of this Law, and whilst being conveyed to or from such institution, shall be deemed to be in legal custody, and if he escapes he may be apprehended without warrant and brought back thereto.
- Procedure in case of unruly, etc., juvenile
If the person in charge of an approved institution is satisfied that any juvenile committed to the institution is of so unruly or depraved a character that it is undesirable that he should remain at such institution, he may cause such juvenile to be brought before a court may in respect of such juvenile make any order which could have been legally made by the court which issued the committal order under the provisions of this Law.
- Power to vary committal order
(1) The Commissioner may—
(a) if he is satisfied that the juvenile in respect of whom a committal order is about to expire would benefit by further care or training, extend the period of the committal order subject to the provisions of this Law;
(b) order any juvenile whose period of detention has exceeded twelve months to be discharged;
(c) order any juvenile to be removed from one approved institution or person;
(d) authorise the person in charge of the approved institution to release any juvenile on condition that he shall be of good behaviour and live under the charge of any trustworthy and respectable person, willing to receive and take charge of him, and to keep him at school or employed in some trade, occupation or calling:
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Provided that in the discretion of the person in charge of the approved institution the juvenile so released may be recalled to the institution, and thereupon the original committal order shall remain in full force and effect.
(2) For the purposes of this section “committal order” includes any corrective order issued under this Law.
PART 4
Juvenile in Need of Care and Attention
- Power to bring before a juvenile court in certain cases
(1) Any magistrate, justice of the peace, police officer, probation officer or other person authorised by the Commissioner in this behalf having reasonable grounds for believing that a juvenile comes within any of the following descriptions—
(a) who is an orphan or is deserted by his relatives; or
(b) who has been neglected or ill-treated by the person having the care and custody of such juvenile; or
(c) who has a parent or guardian who does not exercise proper guardianship; or
(d) who is found destitute, and has both parents or his surviving parent, undergoing imprisonment; or
(e) who is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the juvenile; or
(f) who is the daughter of a father who has been convicted of an offence under section 218 of the Criminal code or under the provisions of the Punishment of Incest Law in respect of any of his daughters; or
(g) who is found wandering and has no home or settled place of abode or visible means of subsistence; or
(h) who is found begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises, or place for the purpose of so begging or receiving alms; or
(i) who accompanies any person when that person is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise; or
(j) who frequents the company of any reputed thief or common or reputed prostitute; or
(k) who is lodging or residing in a house or the part of a house used by a prostitute for the purpose of prostitution, or is otherwise living in circumstances calculated to cause, encourage or favour the seduction or prostitution of the juvenile; or
(l) in relation to whom an offence under Chapter 21 of the Criminal Code has been committed or attempted; or
(m) who having been born or brought within the State would but for the provisions of the law relating to the legal status of slavery be a slave; or
(n) who is otherwise exposed to moral danger, may bring that juvenile before a juvenile court.
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(2) The court if satisfied that the juvenile comes within any of the descriptions contained in subsection (1) may—
(a) issue a committal order—
(i) sending him to an approved institution; or
(ii) committing him to the care of any fit person whether a relative or not, who is willing to undertake the care of him; or
(b) order his parent or guardian to enter into a recognisance to exercise proper care and guardianship; or
(c) without making any other order, or in addition to making an order under either paragraph (a) or (b), make an order placing him under the supervision of a probation officer or of some other person appointed by the court until he attains such age as is specified in such order, which shall not exceed twenty years.
(3) For the purposes of paragraph (n) of subsection (1), but without prejudice to the generality of the words thereof, the fact that a juvenile is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms, whether anything for sale, or is found loitering for the purpose of so begging or receiving alms, shall be evidence that he is exposed to moral danger.
(4) Any court before which a person is convicted of having committed in respect of a juvenile any offence referred to in paragraph (f) or paragraph (l) of subsection (1), may direct that the juvenile be brought before a juvenile court with a view to that court making such order under that subsection as may be proper, or, if satisfied that the material before it is sufficient to enable it properly to exercise jurisdiction, may, notwithstanding anything in Part 1, itself make any order which the juvenile court might make.
- Interference with working of committal order
Any person who—
(a) knowingly assists or induces or persistently attempts to induce a juvenile to run away from a prison to whose care he has been committed under the provisions of this Law, or from an approved institution or place of detention at which he has been committed as aforesaid; or
(b) without lawful authority takes away a juvenile from such a person, institution or place; or
(c) knowingly harbours or conceals a juvenile who has so run away or has been so taken away, or who prevents him from returning, shall be guilty of an offence and liable upon conviction to a term of imprisonment not exceeding six months or to a fine not exceeding twenty thousand naira.
- Where parent or guardian unable to exercise control
Where the parent or guardian of a juvenile proves to a juvenile court that he is unable to control the juvenile the court, if satisfied—
(a) that it is expedient so to deal with the juvenile, and
(b) that the parent or guardian understands the results which will follow from, and consents to, the making of the order,
may make a committal order in respect of such juvenile, or may order him to be placed under the supervision of a probation officer or of some other person appointed by the court until he attains such age as is specified in such order which shall not exceed twenty years.
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PART 5
Contribution by Parent or Guardian towards Maintenance of Juvenile
- Court may order contributions
(1) Whenever a juvenile has under section 12, 15 (8), 24 or 26 been committed to an approved institution or to the care of an individual, and the court is satisfied that the need for such an order has arisen from neglect on the part of any person who in the opinion of the court is or has been or ought to have been exercising the powers of a parent or a guardian over the child or young person, the court may order any such person to make contributions in respect of him.
(2) When making any such order the court shall have regard to the means of the person ordered to contribute and no person shall be ordered to contribute a sum exceeding twenty naira per month.
(3) If any person neglects to comply with any such order the court may for every breach of the order direct the amount to be levied in the manner by law provided for levying fines imposed by a court in a criminal proceeding, and in addition the court may sentence such person to imprisonment for a term of three months.
(4) A court having jurisdiction over the place in which the person or persons liable to contribute may be may, at any time, on the application of such person or persons or on the application of a probation officer or any other person appointed by the Commissioner in that behalf, and on proof of a change of circumstances of the person or persons so required to contribute, increase, reduce or rescind any order in such manner as to the court may seem just.
PART 6
Determination of Age
- Presumption or determination of age
Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a juvenile, the court shall make due inquiry as to the age of that person, and for that purpose shall require the production of a birth certificate or other direct evidence as to the date of birth and, in the absence of such certificate or evidence, a certificate signed by a medical officer in the service of the Government giving his opinion as to such age, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Law, be deemed to be the true age of that person and, where it appears to the court that the person so brought before it is of the age of seventeen years or upwards, that person shall for the purposes of this Law be deemed not to be a juvenile.
PART 7
Possession and Custody of Juveniles
- Prohibition against dealing in juveniles
(1) It shall be an offence—
(a) to barter or sell a juvenile;
(b) to place a juvenile in moral danger or to place him in danger of exploitation;
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(c) (i) to give a child into the custody, possession, control or guardianship of any person other than a grandparent or the descendant of a grandparent of such juvenile whether or not for pecuniary or other benefit;
(ii) not being a grandparent or the descendant of a grandparent of a juvenile, to acquire the custody, possession or guardianship of such juvenile whether or not for pecuniary or other benefit:
Provided that it shall be a defence to a charge brought under the provisions of this paragraph, the onus of proving which shall be upon the accused, to show that the giving or acquisition was for the benefit of the juvenile, and that the juvenile is not placed in moral danger or in danger of exploitation by reason of such giving or acquisition, or that the giving or acquisition is in accordance with local customary law so far as such local customary law is not repugnant to natural justice, morality or humanity or inconsistent with any written law.
(2) The Commission may by order, notwithstanding any local customary law to the contrary, declare that in any area in the State described in such order no person shall give or acquire the custody, possession, control or guardianship of any juvenile or of any female of any specified age below the age of seventeen years, or shall remove any such female from such area, save in accordance with rules made by the Commissioner, and such rules may be made either generally or made in respect of any particular area in the State.
(3) No proceedings shall be taken in respect of an offence against the provision of subsection (1) without the written consent of the Attorney-General, who may delegate his powers under this subsection to a state counsel.
(4) Any person contravening any provision of this section or of any rules made thereunder shall be guilty of an offence and liable upon conviction to a term of imprisonment not exceeding seven years.
(5) In this section—
“moral danger” includes slavery, bondage and exposure to destitution, prostitution or immorality of any kind;
“exploitation” includes making unreasonable or excessive use of the services of a child or young person or using the services of a child or young person for monetary profit.
PART 8
Neglect of Children
- Ill-treatment and neglect of children
Any person who has attained the age of seventeen years, and who has the custody, charge or care of any child or young person who has not yet attained the age of fourteen years, and who—
(a) wilfully assaults, ill-treats, neglects, abandons, or exposes him or causes or procures him to be assaulted, ill-treated, him unnecessary suffering or injury to health (including injury to or loss of sight or hearing or limb or organ of the body or any mental derangement); or
(b) exposes him to the risk of burning by allowing him to be in any place near an open fire without any protection or guard against the risk of his being burnt or scalded or without taking any reasonable precautions against that risk; or
(c) leaves him at night unattended by any person over the age of seventeen; or
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(d) leaves him unattended by any person over the age of seventeen in a motor vehicle; shall be guilty of an offence and liable upon conviction to a fine not exceeding two hundred naira or to a term of imprisonment not exceeding two years.
- Prohibition of juveniles being used in begging and in hawking at night
Any person who causes or allows any juvenile to be used for the purposes of begging or for the purposes of trading or hawking between the hour of 8 p.m. and sunrise shall be guilty of an offence and liable upon conviction to a fine not exceeding twenty thousand naira or to a term of imprisonment not exceeding two years.
PART 9
Miscellaneous provisions
- Regulations
The Commissioner may make regulations generally for the carrying into effect of this Law and without prejudice to the generality may make regulations for—
(a) regulating the management, control, inspection, discipline and interior economy of approved instructions;
(b) providing for the inspection of persons committed to the custody of approved institutions and individuals;
(c) prescribing the disposal of contributions made under section 27;
(d) prohibiting the employment of children or young persons in any particular trade occupation, business or calling.
- Interpretation
In this Law—
“approved institution” means an institution established, and any place or institution declared to be an approved institution under section 18;
“authorised officer” means a person appointed by the Commissioner for the purposes of this Law and includes a Probation Officer;
“child” means any person who has not yet attained the age of fourteen years;
“guardian” in relation to a child or young person includes any person who in the opinion of the court having cognisance of any matter in which a child or young person is concerned, has for the time being the charge of or control over such child or young person;
“juvenile” includes a child and a young person;
“juvenile court” means a court constituted under section 6;
“Commissioner” means the member of the State Executive Council for the time being charged with responsibility for this Law;
“probation officer” includes assistant probation officer;
“whipped” and “corporal punishment” mean whipped with a light rod or cane or birch or whip, which shall be of patterns approved by the Commissioner;
“young person” means a person who has attained the age of fourteen years but who has not attained the age of seventeen years.
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- Short title
This Law may be cited as the Children and Young Persons Law.
SCHEDULE
FORM OF COMMITTAL ORDER
Children and Young Persons Law
In the ……………………………………………………………………………… Court of Cross River State.
The …………………………………………………. court . …………………………………………….
Let the *boy or girl known by the name of …………………………………………………………..
Whose description appears below be taken to………………………………………………………………………. (name of institution or person) and be there detained in the custody and care of—
………………………………………………………………………………………………………………………………………………………………………….. (the person in charge of the said institution or the name of the said person) subject to the provisions of the Children and Young Persons Law.
This Committal Order shall remain in force from the date thereof up to and inclusive of
the ……………………………………………………………… day of ………………………………………………………………….
DESCRIPTION
Name: ………………………………………………………… Sex ………………………… Age ………………………………….
Tribe of community: ………………………………………………………………………………………………………………..
Name and address of mother: ………………………………………………………………………………………………………..
Description of child or young person: ……………………………………………………………………………………………..
Reason for issue of committal order: ………………………………………………………………………………………………
Dated this ………………………. day of ……………………………………………………………………………………………….
Judge……………………………………………………………………………………………….Division
Magistrate…………………………………………………………………………………………..District
Confirmed this ……………….. day of………………………………………………………………….
……………………………………………………………………………………………….Commissioner
_________________________
*Delete as required.
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CHAPTER C4
CHILDREN AND YOUNG PERSONS LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
[E.N.L.N. 40 OF 1962. (S.1(3).]
- INSTRUMENTS MADE UNDER THE LAW
Application of Part 3 of Cap. 19.
- Juvenile Court Rules
- Approved Institutions Regulations
- Establishment of Remand Homes
- Remand Homes Rules
- Street Trading Regulations
- Supervision of Individual Regulations
- Disposal of Contributions Regulations
- Restriction on Removal of Females Rules
- Restriction on Removal of Young Persons and Children (Application to Areas) Order
ORDER APPLYING PART 2
- This order may be cited as the Children and Young Persons Order.
- Part 3 of the Law is hereby made applicable throughout Eastern Nigeria.
