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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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