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The Juvenile Court may, in the interests of the child, direct any person to withdraw from court and where the attendance of the child is not deemed essential, proceed with the trial in the child's absence {sec. 6(4)(5)}.
The trial proceedings involving a child cannot be published in any form, unless specifically authorized, which may disclose the name, address, school or any identification which could lead to the identification of the child concerned, nor can any picture of the child be published {sec. 8}.
The Probation Officers report on the child's character and background should be treated as confidential. It may, however, be communicated to the child or the guardian, in order to give them an opportunity to produce evidence relevant to the matter stated in the report (sec. 9).
No Joint Trial of Adult & Child
No child can be charged with or tried for an offense together with an adult. If a child is charged with an offense for which he or she could be tried with an adult, the child should be tried separately by the Juvenile Court (sec. 5).
Release on Probation
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A child convicted by a Juvenile Court may be: |
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released on probation and placed under the care of a guardian or a suitable person upon execution of a bond, with or without surety. This placement should not exceed the period of imprisonment awarded {sec. 11(a); |
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sent to a borstal institution until he or she attains the age of 18 years or for the period of imprisonment, whichever is earlier {sec. 11(b)}. |
The period of imprisonment or probation may be reduced if the court is satisfied that further imprisonment or probation is unnecessary {sec. 11(c)}.
Punishments
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Under the Ordinance no child can be: |
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awarded a death penalty, or ordered to labor during the time spent in any borstal or any other institution; and |
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hand-cuffed, put in fetters or given any corporal punishment at any time while in custody. However, where there is reasonable apprehension that the child may escape from custody, he or she may be hand-cuffed (sec. 12). |
Appeals
A child has the right to appeal within 30 days after the order of conviction. Similarly, the Provincial Government or a party aggrieved by an acquittal order has the right to appeal within 30 days of the date of such order (sec. 13).
Rules
The Provincial Government is empowered to make rules for carrying out the purposes of this Ordinance by notification in the official Gazette.
Punjab was the first Province to notify rules under the JJSO through notification number SO(R&P)10-38/85 Volume III on February 2, 2002. The Punjab Rules call for the constitution of a panel of legal practitioners by the Sessions Judge for the purpose of providing legal assistance to the juvenile prisoners at State expense. Such a lawyer cannot be appointed in more than two cases at a time, and should not be paid less than Rs 5,000 and not more than Rs 10,000. The Punjab Rules also envisage establishment of one borstal institution in at least every district of the Province.
Balochistan was the second Province that notified the Rules through notification number SO(Judicial)5(18)/2001/365-93 on February 26, 2002. The Balochistan Rules are the only ones among the four Provinces that give the juvenile prisoners the facility of parole. These Rules also call for the provision of cots and other facilities including nutritional food, and facility of remission for convicted juveniles. They also make it the duty of the Provincial Law Secretary to visit and inspect every institution within the Province to satisfy himself that the provisions of the JJSO and the Rules are duly observed.
The Government of the Frontier notified the Rules through notification number SO(Prisons)HD/4-63/2002 on May 9, 2002.
The Government of Sindh notified the Rules through notification number VIII(7)SOJ/2000 on May 27, 2002; the Rules drafted by the Sindh Province are perhaps the most comprehensive ones and cover subjects that remain uncovered by the rules devised by the other provinces. Rule 20 of the Sindh Rules call for the provision of diet at State's expense and even provides a diet menu. Rule 21 prescribes the procedure for the production of inmates in the court. Rule 22 deals with the subject of production of inmates in the hospital for medical treatment at State’s expense.
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