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Section 19, The Prevention of Cruelty to Children Ordinance

Status not yet checkedThe Prevention of Cruelty to Children Ordinance, Sierra Leone

(l) Where a person having the custody, charge or careof a child has been- (a) convicted of committing in respect of such child an offence under this Ordinance, or any of the offences mentioned in the schedule to this Ordinance, or (b) committed for trial for any such offence, or (c) bound over to keep the peace towards such child, by any court, that court either at the time when the person is so convicted, committed for trial or bound over, and without requiring any new proceedings to be instituted for the purpose, or at any other time, may, if satisfied on inquiry that it is expedient so to deal with the child, order that the child be taken out of the custody, charge or care of the person so convicted, committed for trial, or bound over, and be committed to the care of a relative of the child or some other fit person named by the court (such relative or other person being willing to undertake such care), until he attains the age of sixteen years, or for any shorter period, and that court or any court of like jurisdiction may of its own motion, or on the application of any person, from time to time by order renew, vary and revoke any such order. (2) If the child has a parent or legal guardian, no order shall be made under this section unless the parent or legal guardian has been convicted of or committed for trial for the offence, or is under committal for trial for having been, or has been proved to the satisfaction of the court making the order to have been, party, or privy to the offence, or has been bound over to keep the peace towards the child or cannot be found. (3) Every order under this section shall be in writing, and any such order may be made by the court in the absence of the Prevention of Cruelty to Children [Cap. 31 '-----child; and the consent of any person to undertake the care of a child in pursuance of any such order shall be proved in such wanner as the court may think sufficient to bind him. (4) Where an order is made under this section in respect of a person who has been committed for trial, then, if that person is acquitted of the charge, or if the charge is dismissed for want of prosecution, the order shall forthwith be void, except with regard to anything that may have been lawfully done under it. (5) The Governor may at any time in his discretion discharge a child from the care of any person to whose care he is committed in pursuance of this section either absolutely or on such conditions as the Governor approves, and the Governor in Council way, if he thinks fit, make rules in relation to children so comwitted to the care of any person, and to the duties of such persons with respect to such children. (6) The Governor, in any case where it appears to him to be for the benefit of a child who has been committed to the care of any person in pursuance of this section, may empower such person to procure the emigration or repatriation of the child, but, except with such authority, no person to whose care a child is so committed shall procure his emigration or repatriation.

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