This Ordinance was repealed on 2010-04-01 by Law of the Child Act.
Children and Young Persons Act
Tanzania
Children and Young Persons Act
Chapter 13
- Published in Tanzania Government Gazette
- Commenced on 23 April 1937
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
- [Repealed by Law of the Child Act (Act 21 of 2009) on 1 April 2010]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Children and Young Persons Act.2. Interpretation
In this Act, unless the context requires otherwise—"approved school" means a school established by the Minister under the provisions of section 26 or any place or institution declared to be an approved school under the provisions of that section;"Board" means a Board of Visitors appointed by the Minister under the provisions of section 27;"child" means a person under the age of twelve years;"guardian" means in relation to a child or young person includes any person who, in the opinion of the court having cognisance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;"juvenile court" means a district court sitting as prescribed in subsections (1) and (2) of section 3 for the hearing and determination of cases relating to children or young persons;"manager" means the person or body of persons appointed as such under the provisions of section 26;"Minister" means the Minister responsible for social welfare;"young person" means a person who is twelve years of age or more but under the age of sixteen years.Part II – Special provisions as to procedure (ss. 3-17)
3. Juvenile courts
4. Bail for children and young persons
Where a person apparently under the age of sixteen years is apprehended with or without a warrant and cannot be brought forthwith before a court, the officer in charge of the police station to which he is brought shall—5. Association with adults whilst in custody
The Inspector-General of Police shall make arrangements for preventing, so far as practicable, a child or young person while in custody, from associating with an adult charged with an offence unless he is a relative.6. Juvenile court may dispose of all cases other than homicide
When a child or young person is brought before a juvenile court for any offence other than homicide the case shall be finally disposed of in that court.7. Children and young persons may be remanded to the care of a fit person or institution
8. Court's duty to explain charge
A juvenile court shall on hearing a charge against a child or young person, explain to him in simple language the substance of the alleged offence.9. Accused to be asked to show cause
After explaining the substance of the alleged offence the court shall ask the child or young person what he has to say in explanation thereof and whether he has any cause to show why he should not be convicted.10. Accused may be convicted on plea of guilty
If the statement made by the child or young person amounts to a plea of guilty the court may convict him.11. Attendance, appearance and hearing in juvenile court
12. Cross-examination of witness
At the close of the evidence of each witness the court shall put to the witnesses such questions as appear to be necessary or desirable, either for the purpose of establishing the truth or the facts alleged or to test the credibility of the witness.13. Defence
If after the prosecution witnesses have given their evidence the court is satisfied that the facts properly before it establish a prima facie case against the accused which, if unanswered, would leave no reasonable doubt as to his guilt the court shall hear the witnesses for the defence and any further statement which the accused may wish to make in his defence.14. Procedure upon conviction
If the child or young person admits the offence and the court accepts his plea or if after hearing the witnesses the court is satisfied that the offence is proved, the court shall convict him and shall then, except in cases where the circumstances are so trivial as not to justify such a procedure, obtain such information as to his character, antecedents, home life, occupation and health as may enable it to deal with the case in the best interests of the child or young person, and may put to him any question arising out of that information. For the purpose of obtaining the information or for special medical examination or observation, the court may from time to time remand the child or young person or may release him on bail.15. Attendance at court of parent of child or young person charged with an offence
Where a child or young person is charged with any offence, the court may in its discretion require the attendance of his parent or guardian and may make such orders as are necessary for the purpose.16. Determination of age
17. Persons appearing to be of the age of sixteen years or more
Where it appears to the court that any person brought before it is of the age of sixteen years or more, that person shall for the purposes of this Act be deemed not to be a child or young person.Part III – Punishment of juvenile offenders (ss. 18-25)
18. Probation orders
19. Power to vary conditions of release
The court before which any person is bound by his recognisance under this Act to appear for sentence may, after notice to the offender, vary the conditions of the recognisance and may, on 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.20. Provision in case of offender failing to observe conditions of release
21. Power to order parent to pay fine instead of child or young person
22. Imprisonment
23. Alternative punishment in certain cases
Where a child or young person is convicted of any offence other than homicide or other than an offence punishable with imprisonment for a term exceeding seven years, the court may, in addition or alternatively to any other order which may be made, under this Act in its discretion—24. When approved school order may be made
25. Young person may be brought before a court in certain circumstances
Part IV – Approved schools (ss. 26-37)
26. Approved schools
27. Appointment of board of visitors
28. Power of board
29. Approved school orders
30. Approved school orders may be suspended
The operation of an approved school order may be suspended pending completion of arrangements for the reception of the child or young person into an approved school, or on account of his ill-health or for other good and sufficient reason and in the case the court may remand him in custody or may order him to be committed to the care of a fit and proper person willing to undertake the custody, or may release him on bail.31. Authority for detention
A child or young person while detained in an approved school in accordance with the provisions of this Act and while being conveyed to or from such school shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and brought back to the school.32. Extension of period of detention
If the manager of an approved school is satisfied that a person whose period of detention is about to expire needs further care or training he may, with the approval of the Minister, detain him for a further period not exceeding one year, so however, that he is not detained beyond the date upon which he attains the age of eighteen years.33. Power of manager to bring persons detained before a court
If the manager of an approved school is satisfied that any person committed to the school is of so unruly or depraved a character that it is undesirable that he should remain at the school, he may, with the approval of the Board, cause that person to be brought before a subordinate court having jurisdiction in the place where the school is situated or before the court which made the approved school order and that court may make any order which could have been legally made by the committing court under the provisions of this Act.34. Transfer of incorrigibles, etc., to prison
Where a young person detained in an approved school is reported to the Minister by the manager of the approved school to be of so unruly or depraved a character that it is, in the opinion of the Board, undesirable that he should remain at such school or to be incorrigible or to be exercising a bad influence on the inmates of the school, the Minister may commute the whole or part of the unexpired residue of the period of detention to a term of imprisonment but in no case exceeding the unexpired residue.35. Discharge and transfer from approved school
The manager of an approved school may—36. Release on licence
37. Enforcement of approved school orders made in zanzibar
Part V – Appeals and revision (ss. 38-40)
38. Time for appeal
Every appeal against an order or sentence made or passed by a district court under the provisions of this Act shall be entered within seven days of the date of the order or sentence appealed against:Provided that the High Court may for good cause admit an appeal out of time.39. Revision
If no appeal is entered against an approved school order made by a district court under the provisions of this Act within the time allowed by section 38, a copy of the Act together with the proceedings shall be sent forthwith to the High Court and the High Court may in the exercise of its revisional jurisdiction make such order as it may deem proper.40. Repealed
[Repealed by Act No. 9 of 1996 Sch.]41. Approved school order to take effect pending consideration by High Court
Notwithstanding anything contained in section 30, an approved school order shall not be suspended for the reason only that no order by the High Court in the exercise of its appellate or revisional jurisdiction has been received unless the child or young person concerned is committed to the care of a fit and proper person or released on bail.Part VI – General provisions (ss. 41-43)
42. Power to make rules
43. Application to primary courts
44. Effect of this act on other laws
Save in so far as other provision is expressly made in this Act, nothing in this Act shall be deemed to affect any other law relating to the trial and punishment of offenders.History of this document
01 April 2010
Repealed by
Law of the Child Act
31 July 2002 this version
Consolidation
23 April 1937
Commenced
Cited documents 2
Act 2
1. | Criminal Procedure Act | 7687 citations |
2. | Magistrates’ Courts Act | 2151 citations |
Documents citing this one 371
Judgment 359
Law Reform Report 5
JOT Documents and Guidelines 4
Gazette 2
1. | Tanzania Government Gazette dated 2010-07-31 number 31 | |
2. | Tanzania Government Gazette supplement number 29 dated 2014-07-25 number 30 |
Manual 1
1. | Criminal Prosecutions Case Manual |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Children and Young Persons (Extension of Ordinance to Primary Courts) Order, 1964 | Government Notice 640 of 1964 | 31 July 2002 |
Children and Young Persons (Approved Schools) (Annual Holiday) Rules, 1945 | Government Notice 201 of 1945 | 31 July 2002 |