13—1

CHAPTER 13

JUVENILES
Section Page

1. Juvenile offenders
(1) general principles
(a) criminal liability of a juvenile ..................................................................... 13—1
(i) children under 7 ................................................................................... 13—2
(ii) children aged 7–14 ............................................................................... 13—2
(b) policy considerations ................................................................................... 13—2
(2) juvenile court procedures .................................................................................... 13—3
(3) trial in camera ...................................................................................................... 13—4
(4) concealment of identity of accused ..................................................................... 13—5
(5) guardian
(a) presence ....................................................................................................... 13—5
(b) assistance ..................................................................................................... 13—6
(6) special procedures
(a) remand ......................................................................................................... 13—6
(b) authority to prosecute .................................................................................. 13—7
(7) options open to court after conviction ................................................................. 13—7
(a) courses open to magistrates court or High Court ........................................ 13—7
(b) courses open to juvenile court ..................................................................... 13—8
(c) period of probation or detention in an institution ........................................ 13—9
(d) accused’s age at time of conviction ............................................................. 13—9
(8) sentencing of juveniles
(a) generally .................................................................................................... 13—10
(b) compensation order ................................................................................... 13—10
(c) imprisonment ............................................................................................. 13—10
(d) corporal punishment .................................................................................. 13—11

2. Juvenile witnesses and other juveniles in court .......................................................... 13—12

1. JUVENILE OFFENDERS

(1) GENERAL PRINCIPLES

(a) Criminal liability of a juvenile

The criminal law treats juveniles (for the purposes of this chapter, the word is used to refer to
persons under the age of eighteen years), differently from persons who have attained the age of
majority. In the first place, the criminal liability of a juvenile depends on his age.1 Secondly, the
trial of a juvenile differs in two main ways from that of an adult: (1) it is usually held in camera

1 The question of proof of a person’s age is dealt with in Chapter 22 section 1, below.
13—2 Criminal Procedure in Zimbabwe

and the accused’s name may not be divulged and (2) more courses are open to the court after
conviction.

For the purposes of deciding the criminal liability of juveniles, our law arbitrarily divides juveniles
into three groups: under 7 years of age; between the ages of 7 and 14 years; and from 14 years
upwards.2

(i) Children under 7

A child who has not completed his seventh year lacks criminal capacity; he is conclusively held to
be doli incapax, that is, incapable of committing any crime.3 This rule is subject to no exceptions
and cannot be rebutted. It applies to common law and statutory offences alike, irrespective of
whether mens rea of any kind is required. Even if it could be shown that the child knew his act was
wrongful, he would have to be acquitted.4

(ii) Children aged 7–14

A child between the ages of seven and fourteen years is legally presumed to be doli incapax. The
onus is on the State to rebut this presumption by proving that, at the time of commission, the
accused knew his act to be wrongful. Proof that the child in general knew the difference between
right and wrong will not be enough. It must be shown that he knew he was doing wrong in relation
to the circumstances in which he committed the act complained of and at the time of the alleged
crime.5

The presumption that a child in the 7 to 14 year age group is doli incapax weakens as the child gets
nearer the age of 14 years, though the onus still remains on the prosecution to prove that the child
was doli capax.6

Stronger evidence is required to rebut the presumption where the offence is a purely statutory one
than where the offence is malum in se (ie carries moral turpitude). In the former case, the child is
less likely to know that the act is unlawful.7

(b) Policy considerations

Even if it could be shown that a child between 7 and 14 years is doli capax, this does not mean that
a prosecution is warranted. Modern penal policy aims at keeping juvenile offenders out of the
formal criminal system if this is at all possible. To this end, such methods as “diversion” and
“reconciliation” are becoming used more and more in other countries. “Diversion” includes such
procedures as —

(a) the police disposing of the case informally, with the young offender being warned by a
suitably senior police officer, preferably in the presence of his parents, of the consequences
of future anti-social behaviour;

2 Burchell and Hunt p 185.

3 Attorney-General, Transvaal v Additional Magistrate for Johannesburg 1924 AD 421 at 434 per Innes CJ.
4 Burchell and Hunt p 186.
5 See Burchell and Hunt pp 186-187; R v Mahwahwa & Another 1955 SR 296; 1956 (1) SA 250(SR); R v Tsutso 1962
R & N 168; 1962 (2) SA 666 (SR); S v F (a juvenile) 1988 (1) ZLR 327 (H).
6 R v K 1956 (3) SA 353 (A) at 358.
7 R v Mketchi 1926 SR 100 at 101.
Juveniles 13—3

(b) pre-trial community service being agreed to, in lieu of criminal proceedings.

Reconciliation, as the word implies, involves reconciling the victim and the offender and ensuring
that the offender in some way compensates the victim. Clearly, such a method would be quite
inappropriate for some offences.

The views of a probation officer should be sought by the Attorney-General before the decision is
made to prosecute. If the decision is that the juvenile should be dealt with formally, it is desirable
that a child in the 7 to 14 year age group should be taken to a juvenile court rather than a criminal
court, unless there are exceptional circumstances.8 It is undesirable to prosecute children between
the ages of 7 and 14 for statutory offences which may often be no more than boyish pranks.9

(2) JUVENILE COURT PROCEDURES

Juvenile courts may be established by the Minister of Justice, Legal and Parliamentary Affairs for
any area in Zimbabwe. If no specific juvenile court has been established, every magistrates court
is a juvenile court for its own area of jurisdiction.10

The normal procedure in criminal matters is that a juvenile court does not deal with the case until
the juvenile has been convicted. The court would not have jurisdiction to do so otherwise, unless
it conducted an inquiry and found that the juvenile was a “child in need of care”, as defined in s 2
of the CP&AA. The mere fact that a juvenile has committed an offence does not make him a child
in need of care.

The magistrate presiding over a juvenile court may summon to sit with him up to two assessors.
The assessors must be persons who, in the magistrate’s opinion, have experience in any matter
which may arise for decision. If the court is enquiring into the case of a female juvenile, one of the
assessors must be a woman, if a suitable woman is available.11

A local public prosecutor is ex officio a juvenile court assistant of a juvenile court. His functions
are to lead any available evidence relevant to the proceedings and generally to assist the juvenile
court in performing its functions. In carrying out these functions, he may cross-examine any
witnesses whom he did not call.12 It will be seen that his position is not the same as that of a
prosecutor. His duty to lead any available relevant evidence and generally to assist the court means
that he must lead evidence which is favourable to the accused as well as the evidence favourable
to the State.

A juvenile court is not bound by any normal rules relating to civil or criminal proceedings and the
proceedings are conducted in such a way as the presiding officer thinks best fitted to do substantial
justice.13 Evidence may be led by way of affidavit or report but if any properly interested person so
requests, the magistrate must call the person who made the affidavit or report to be called to be
cross-examined under oath.14

8 R v Eva 1967 RLR 113 (G); 1967 (3) SA 627 (R); S v Kwadiso & Another 1977 (3) SA 876 (E) at 877; S v F (a
juvenile) supra.
9 R v Mahwahwa supra.
10 CP&AA s 3. In fact no separate juvenile courts have been established.
11 CP&AA s 4.
12 CP&AA s 4(7) and (8).
13 CP&AA s 5(1).
13—4 Criminal Procedure in Zimbabwe

Any person who, in the magistrate’s opinion, is a properly interested person, may examine any
witness, either personally or through a legal representative.15

The presence of the juvenile at the proceedings is not mandatory. A juvenile court holding an
inquiry may do so in the juvenile’s absence. The court may order the juvenile to be removed for
the whole or part of the proceedings. It must order the juvenile’s removal during any part of the
inquiry if the juvenile’s presence becomes unnecessary or undesirable.16

Having made its inquiry, the juvenile court may deal with the juvenile offender in various ways.
These will be dealt with in subsection (7), below.

(3) TRIAL IN CAMERA

At the trial of any juvenile, no-one may be present except:

(a) the accused and any co-accused, irrespective of the age of the co-accused;

(b) the accused’s legal representative and his spouse and the legal representative and spouse
of his co-accused;

(c) a parent or guardian or person in loco parentis of the accused;

(d) a parent or guardian or person in loco parentis of his co-accused, if the co-accused is
under 18 years of age;

(e) an officer of the court;

(f) a person whose presence is necessary in connection with the trial;

(g) any person authorised by the judge or presiding officer to be present at the trial.17

Apart from (g), the court may not make any exceptions to these requirements.

Similar provisions apply to who may be present when judgment and sentence are passed on a
juvenile or when the court is receiving information to enable it to assess a proper sentence.18

Comment

It is not clear why it was necessary to repeat in s 334 the requirements set out in s 194,
unless a “trial” is considered to end when the verdict is given.19

Although preparatory examinations are generally held in camera,20 it is open to the accused to
apply for an order for the examination to be held in public. The magistrate may not make such an
order if the accused is under the age of 18 years.21

14 CP&AA s 5(2). 15 CP&AA s 5(3).

16 CP&AA s 19(2). 17 CP&EA s 194(6).
18 CP&EA s 334(2) and (3).
19 R v John 1954 SR 57; 1954 (3) SA 269 (SR).
20 CP&EA s 70; see Chapter 9, above.
Juveniles 13—5

Proceedings before a juvenile court are also in camera. No person may be present unless —

(a) his presence is necessary in connection with the proceedings or he is an officer of the
court;

(b) he is a parent or guardian of the juvenile, whose presence is necessary in connection with
the proceedings;

(c) he is the juvenile’s legal representative;

(d) he is authorised by the magistrate to be present; or

(e) he is the person in charge of the home or institution at which the juvenile is residing.22

(4) CONCEALMENT OF IDENTITY OF ACCUSED

No person may publish by radio, television or in any document produced by printing or any other
method of multiplication the name, address, school or place of occupation or any other information
likely to reveal the identity of an accused person under the age of 18 years. However, the presiding
judge or magistrate or, after the trial, the Minister of Justice, Legal and Parliamentary Affairs, may
consent to the publication of such information. Such consent may be given if the judge, magistrate
or Minister is of the opinion that publication would, in the circumstances of the case, be just and
equitable and in the public interest or in the interests of any particular person. The consent is
conveyed in writing and must be signed by the judge, magistrate or Minister.23

Publication without such consent is an offence.24

As a matter of practice, it is normal for the court to allow representatives of the media to be present
at the trial of a juvenile, provided that the subsequent reports do not directly or indirectly reveal
the name of the accused.

Similar provisions apply to the proceedings of juvenile courts.25

(5) GUARDIAN

(a) Presence

When a juvenile is summoned to undergo a preparatory examination or served with an indictment

and notice of trial, a copy of the summons or indictment and notice must be served on the juvenile’s
parent or guardian, if (in the case of a preparatory examination) the parent or guardian can be
found within the area of jurisdiction of the magistrate who is to hold the preparatory examination.
A notice should be attached to the copy, warning the parent or guardian to attend the preparatory
examination or High Court trial and remain in attendance. If the preparatory examination is
converted into a summary trial, the parent or guardian must remain in attendance at the trial.26

21 CP&EA s 70(5) and (8). 22 CP&AA s 5(6).

23 CP&EA s 195(1). 24 CP&EA s 195(2).
25 CP&AA s 5(5). 26 CP&EA s 67(1).
13—6 Criminal Procedure in Zimbabwe

If the parent or guardian of a juvenile undergoing a preparatory examination or trial in the High
Court has not received a warning notice, the presiding magistrate or judge may direct any person
to warn the parent or guardian to attend. The warning may be oral or in writing. Failure to attend
in answer to such a warning renders the parent or guardian liable to be arrested and fined and even
to be detained and compelled to attend.27

Where a juvenile has been summoned to be tried, similar provisions apply.28

Where a juvenile has been arrested for the purpose of being brought before a court or has been
warned to appear before a court on a charge, the person who arrested or warned the juvenile must,
unless a magistrate directs otherwise, warn the juvenile’s parent or guardian to attend court. Failure
to attend in answer to such a warning renders the parent or guardian liable to be arrested and fined
and even to be detained and compelled to attend.29

It is the court’s duty to inform a juvenile accused that he is entitled to assistance from his parent or
guardian and to ensure that the parent or guardian has been warned to attend.30

It is not necessary for the parent or guardian of a juvenile to attend if the juvenile is married or
appears to be tacitly emancipated.31

(b) Assistance

Where a juvenile under the age of 16 years is being tried in a magistrates court, he may be represented
by his natural or legal guardian. The guardian may defend the juvenile and examine and cross-
examine the witnesses.32

It is also desirable for the parent or guardian of a juvenile accused to assist the accused before the
accused is asked to make a confession. Failure to afford a juvenile the assistance of his parent or
guardian, where this is reasonably possible, before taking a confession could in some circumstances
lead to the conclusion that the confession was not made freely and voluntarily and without undue
influence.33

It is desirable for a juvenile offender to have his parent or guardian assist him from the start,34 but
the court is not obliged to inform the juvenile of his right to be represented.35

(6) SPECIAL PROCEDURES

(a) Remand

If a juvenile is accused of any offence other than treason, murder or rape, any judge, magistrate or

27 CP&EA s 67(2), (3) and (5).

28 CP&EA s 140(6).
29 CP&EA s 142(5), as read with s 67.
30 S v Sefoka en Andere (1993) Juta SCD 24/1994 p 4 (T).
31 CP&EA s 67(1), proviso; s 128(4); s 142(5), proviso.
32 CP&EA s 191(b).
33 S v M 1993 (2) SACR 487 (A).
34 S v Sefoka en Andere supra.
35 S v Stetson, reported sub nom S v A Juvenile 1972 (2) RLR 178 (A) and S v S 1973 (1) SA 208 (RA).
Juveniles 13—7

police officer who is empowered by Part IX of the CP&EA to admit a person to bail36 may, instead
of admitting the juvenile to bail or detaining him, take one of the following courses:

(a) he may release the juvenile without bail and warn him to appear before a court at a
stipulated time and place;

(b) he may release the juvenile to the care of his custodian (not necessarily his guardian)
and warn the custodian to bring him or have him brought to court at a stipulated time
and place; or

(c) he may place the juvenile in a place of safety,37 pending his appearance in court or until
he is otherwise dealt with.38

A person who fails to comply with a warning given in terms of (a) or (b) commits an offence.39

It is not acceptable that a juvenile accused be kept in custody for a long time before being released
on his parents’ recognizances.40

(b) Authority to prosecute

There is a practice that the Attorney-General’s authority is required for the prosecution of a person
aged under 14 years41 and a directive has been issued to this effect. The lack of authority from the
Attorney-General is now regarded as a serious irregularity.42 It is questionable, however, whether
a conviction could be set aside on that ground alone, there being no legislative requirement for
such authority.

(7) OPTIONS OPEN TO COURT AFTER CONVICTION

Sentence generally and the various options available are dealt with in Chapter 25 below. In this
chapter, we will deal only with the special procedures that may be followed instead of passing
sentence when a juvenile is convicted.

(a) Courses open to magistrates court or High Court

Where a person under the age of 19 years (not 18) has been convicted, the court may, instead of
imposing a fine or imprisonment, order that he be taken before a juvenile court and dealt with in
terms of the CP&AA43 or, after ascertaining from the Ministry of Labour that accommodation is
available, order that he be placed in a training institute in Zimbabwe or a reform school in South
Africa.44 In addition, a male offender under the age of 18 years may be sentenced to moderate
corporal punishment, not exceeding six strokes.45

36 See Chapter 6, above.

37 As defined in s 2 of the CP&AA.
38 CP&EA s 135(1).
39 CP&EA s 135(2).
40 S v Sefoka en Andere supra.
41 R v Eva 1967 RLR 113 (G); 1967 (3) SA 627 (R).
42 S v M 1994 (1) ZLR 13 (G).
43 The courses open to the juvenile court are dealt with below.
44 CP&EA s 351(2).
45 CP&EA s 353.
13—8 Criminal Procedure in Zimbabwe

If a person between 19 and 21 years of age is convicted of any offence other than treason, murder
or rape, the court may, instead of punishing him by means of a fine or imprisonment, order that he
be placed under the supervision of a probation officer and that he reside as directed by the court.46

A magistrate’s order for placement in a training institution or reform school is subject to automatic
review.47

An order that the accused be dealt with by a juvenile court or a probation order is not regarded as
a conviction, unless the accused is convicted on a second or subsequent occasion before reaching
the age of 18.48

(b) Courses open to juvenile court

A juvenile court, having held its enquiry in respect of a convicted juvenile, has several options
open to it. It may:

(i) if satisfied that a certified institution49 or training institute50 will accept the juvenile, order
him to be placed in that institution or training institute, which must be named in the order;
or

(ii) order the juvenile to be placed in, returned to or remain in the custody of any suitable
person, who must be named in the order, or that of his parent or guardian; or

(iii) order him to reside in such place as the court determines; or

(iv) subject to the approval of the Minister, order him to be placed in a South African
institution.51

It may also order him to be placed under the supervision of a probation officer for up to three
years.52

Pending the making of an order, the court may order that the juvenile be kept in a place of safety
or returned to the custody of his parent or guardian.53

If the court orders the juvenile into the custody of his parent or a suitable person or if it orders that
he resides in a particular place, it may also order him to attend a specified attendance centre on
specified days and for specified hours. Attendance at such a centre may not be ordered for more
than three hours a week or 48 hours in all.54 An attendance centre is a place which the juvenile
must attend to receive guidance and undergo treatment in order that he may be rehabilitated and
disciplined.55

46 CP&EA s 351(3).
47 CP&EA s 351(4).
48 CP&EA s 351(7).
49 That is, one certified in terms of s 30 of the CP&AA.
50 Established in terms of s 29 of the CP&AA
51 CP&AA s 20(1). 52 CP&AA s 20(2).
53 CP&AA s 20(4). 54 CP&AA s 20(3).
55 CP&AA s 2.
Juveniles 13—9

Detention in a training institute is generally appropriate only for juvenile offenders likely to go on
committing common law offences and to embark on a life of crime; it would not be suitable for
crimes of a political nature.56

(c) Period of probation or detention in an institution

When a person is ordered to be placed under the supervision of a probation officer or in a training
institute, certified institution or reform school, he must remain there until whichever of the following
events occurs soonest:

(i) three years from the date of the order; or

(ii) he is released on licence in terms of the CP&AA; or

(iii) he is discharged from the effect of the order in terms of the CP&AA.57

The period in any of these institutions is called the “period of retention”.

After the period of retention has expired (for whatever reason), the accused remains under the
supervision of the management of the institution for three years from the end of the period of
retention, until he is discharged from supervision in terms of the CP&AA or when he reaches 21
years, whichever event occurs soonest.58

The court may extend the period of retention on the application of the Minister of the Public
Service, Labour and Social Welfare or of the parent or guardian of the juvenile concerned. The
court would have to be satisfied that a further period in an institution would advance the education
or welfare of the accused.59 The Minister may, with the consent of the parent or guardian of the
accused, order the accused’s return to the institution if he is satisfied that a further period in the
institution would advance the education or welfare of the accused.60 Such orders by the court or
the Minister may be for such periods as the court or Minister thinks fit and may be revoked at any
time. However, the period or periods may not be for more than three years from the expiry of the
original period of retention and may not extend beyond date on which the accused attains the age
of 21.61

(d) Accused’s age at time of conviction

A situation which has caused problems is that when the accused is under the specified age at the
time he commits the offence and over that age when he is convicted. In Zimbabwe, the High Court
held in S v Chitiki 1986 (1) ZLR 60 that the important date to consider is the date of sentence, not
the date on which the offence was committed. In so holding, the court did not follow a line of
South African cases to the contrary, in spite of the fact that the wording of the South African
statute was (and in the current Criminal Procedure Act 51 of 1977 remains) similar to that of the
Zimbabwe statute. It is submitted that the High Court erred in its approach. Among other things,
the Court misconstrued the effect of the judgment in R v Rainers 1961 (1) SA 460 (A) when it said

56 R v Mashami 1966 RLR 602 (A); 1967 (1) SA 94 (RA).

57 CP&EA s 352(2). 58 CP&EA s 352(3).
59 CP&EA s 352(4). 60 CP&EA s 352(5).
61 CP&EA s 352(6).
13—10 Criminal Procedure in Zimbabwe

that the Appellate Division had held that the date of conviction was the relevant date. In fact, the
Appellate Division held that the date of the commission of the offence was the operative date. The
consistent South African approach accords with the common law position, which holds that youthful
offenders are dealt with more leniently because of the frailties and deficiencies of youth at the
time of the commission of the offence.62

This is clearly the fairer approach. The essential moral blameworthiness of the accused is determined
at the time he commits the offence. His subsequent conduct will not alleviate or aggravate his
moral blameworthiness although it may affect the sentence. Again, if the accused had been caught
and prosecuted immediately after the offence was committed, he would be eligible to the lighter
punishment. The law’s delays may very well mean that he would have passed the relevant age by
the time his trial takes place. This surely is no reason why an offender should be liable to higher
penalties.

(8) SENTENCING OF JUVENILES

(a) Generally

Assuming that the court elects to impose a sentence on a juvenile accused, rather than refer him to
a juvenile court or order him to be detained in an institution, the court is still obliged to treat a
juvenile offender differently from an adult.

(b) Compensation order

A compensation order may be made against a juvenile, but it is questionable whether his guardian
must assist him.63 In respect of some offences, a compensation order is not discretionary, even if in
fact it is not likely to lead to compensation being paid. It is submitted that where a compensation
order is discretionary, the court should not make such an order against a juvenile unless there is
some real prospect of the compensation being paid, such as if the juvenile’s guardian accepts
liability.

(c) Imprisonment

The policy that a prison sentence should be avoided wherever possible64 applies particularly to
young offenders, who should be kept out of prison if a suitable alternative method of punishment
exists.65 Juveniles under the age of 16 should not be sent to prison at all, while periods of
imprisonment imposed on juveniles between 16 and 18 years of age should vary according to the
age and the moral blameworthiness of the individual offender. Generally speaking, girls of a
particular age should not be dealt with as severely as boys of that age.66

The accused’s behaviour in court should not be taken into account in assessing the severity of the
sentence.67

62 R v Rainers supra; R v Mazibuko 1958 (4) SA 353 (A); S v Pledger 1975 (2) SA 244 (E); S v W 1990 (1) SACR 263
(NC).
63 CP&EA s 362; S v Sibanda & Others 1979 RLR 169 (G).
64 S v Mpofu (2) 1985 (1) ZLR 285 (H).
65 S v G & Another 1970 (2) RLR 28 (A) at 31.
66 S v S & Others 1977 (1) RLR 245 (A).
67 R v Panganayi & Others 1968 (2) RLR 201 (G).
Juveniles 13—11

A social welfare or probation officer’s report should be obtained before a prison sentence is imposed
on a juvenile. The report should comment on the desirability of such a sentence and give information
about the accused’s character and background.68 The greatest regard should always be paid to the
report of the social welfare or probation officer, who is an expert in his field. While a court is never
compelled to accept any expert evidence at its face value, it should not lightly disregard an opinion
that is honestly given and supported by sound reasons.69

(d) Corporal punishment

If a male person under the age of 18 years is convicted of any offence, the court may sentence him
to moderate corporal punishment not exceeding six strokes.70 Corporal punishment may be
imposed —

(i) in lieu of any other punishment; or

(ii) in addition to a wholly suspended sentence of a fine or imprisonment; or

(iii) in addition to an order that he be taken before a juvenile court or placed in a training
institute or reform school.71

Corporal punishment must be inflicted in private.72 The juvenile’s parent or guardian is entitled to
be present and must be advised of that right when sentence is passed.73 Corporal punishment may
not be imposed unless a medical practitioner has examined the accused and certified that he is in
a fit state to undergo corporal punishment.74 If the medical practitioner is of the opinion that the
juvenile is not fit to undergo corporal punishment, his certificate must be sent back to the court
which passed the sentence (or to a court of the same jurisdiction). The court may, if satisfied that
the accused is not fit to undergo corporal punishment, amend the sentence is such way as it thinks
appropriate.75

Although up to six strokes may be ordered, the maximum number should be reserved for the most
serious cases.76

The method of inflicting corporal punishment, the person who may inflict it and the place at which
it may be inflicted are set out in the Criminal Procedure (Corporal Punishment) Regulations 1993
(SI 308/93). Where corporal punishment is imposed, the sentence should follow the wording of
the CP&EA and the regulations, thus:

“ To receive a moderate correction of [state number] strokes with a rattan cane to be

administered in private at [the name of the nearest prison] by a designated prison officer”.

68 S v Panganayi & Others supra.

69 S v Adams 1971 (4) SA 125 (C); S v Barry & Another 1973 (2) RLR 1 (A).
70 CP&EA s 353(1).
71 In terms of CP&EA s 351(2).
72 CP&EA s 353(2).
73 CP&EA s 353(3).
74 CP&EA s 353(4).
75 CP&EA s 353(5).
76 S v Butau 1994 (1) ZLR 240 (H).
13—12 Criminal Procedure in Zimbabwe

2. JUVENILE WITNESSES AND OTHER JUVENILES IN COURT

No juvenile, other than the accused, may be present at any criminal trial except when he is actually
giving evidence, unless the judge or magistrate authorises him to be present.77

The identity of a juvenile witness may not be published, unless the judge or magistrate has, after
consulting the juvenile witness and his guardian, given his consent in writing to that publication.78
Publication without such consent is an offence.79

77 CP&EA s 194(7).
78 CP&EA s 197.
79 CP&EA s 197(2).