Law library · Sierra Leone · The Prevention of Cruelty to Children Ordinance
Section 17, The Prevention of Cruelty to Children Ordinance
Status not yet checkedThe Prevention of Cruelty to Children Ordinance, Sierra Leone
(1) Any constable maytakeintocustody without warrant,any person-
(a) who within view of the constable commits an offence
under this Ordinance, or any of the offences mentioned in
the schedule to this Ordinance, where the name and residence
of such person is unknown to the constable and cannot be
ascertained by the constable, or
(b) who has committed, or who the constable has reason
to believe has committed, an offence under this Ordinance
or any of the offences mentioned in the schedule to this
Ordinance, if he has reasonable ground for believing that
such person will abscond, or if the name and address of such
person are unknown to and cannot be ascertained by the
constable.
(2) Where a constable arrests any person without warrant
in pursuance of this section, the Commissioner, the Assistant
Commissioner or Superintendent or Assistant Superintendent
or an Inspector, or Sub-Inspector of Police or the officer in
charge of the police station to which such person is brought, or
a District Commissioner shall, unless in his belief the release of
such person on bail would tend to defeat the ends of justice or
to cause injury or danger to the· child against whom the offence
is alleged to have been committed, release the person arrested
on his entering into such a recognisance, with or without
sureties, as may in the. judgment of the officer of police or
District Commissioner be required to secure the attendance of
such person upon the hearing of the charge.
18. {1) A constable or any person authorised by a magistrate
may take to a place of safety any child in respect of whom an
offence under this Ordinance, or any of the offences mentioned
in the schedule to this Ordinance, has been, or there is reason
to believe has been, committed.
{2) A child so taken to a place of safety, and also any child
who seeks refuge in a place of safety, may there be detained
until he can be brought before a court of summary jurisdiction,
and that court may make such order as is mentioned in the next
following sub-section, or may cause the child to be dealt with as
circumstances may admit and require, until the charge made
against any person in respect of any offence as aforesaid with
regard to the child has been determined by the conviction or
discharge of such person.
(3) Where it appears to a court of summary jurisdiction that
an offence under this Ordinance, or any of the offences mentioned
in the schedule to this Ordinance has been committed in respect
Arrest without warrant.
police to
grant bail.
police to
lodge child
in place of
safety till
brc;mght
before the
Court.
order detention of child
pending
hearing.
detain child.
order removal
of child from
custody of
unsuitable
person.
Limitation
of power of
make such
order when
child has
fit legal
guardian.
Method of
making such
order.
of any child who is brought before the court and that it is
expedient in the interest of the child that an order should be
made under this sub-section, the court may, without prejudice
to any other power under this Ordinance, make such order as
circumstances require for the care and detention of the child
until a reasonable time has elapsed for a charge to be made
against some person for having committed the offence, and, if
a charge is made against any person within that time, until the
charge has been determined by the conviction or discharge of
that person, and in case of conviction for such further time not
exceeding twenty-one days as the court which convicted may
direct, and any such order may be carried out notwithstanding
that any person claims the custody of the child.
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