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OSEI V. THE REPUBLIC

(1971) JELR 68020 (HC)

High Court  •  19 Mar 1971  •  Ghana

Coram
TAYLOR J.

Judgement

TAYLOR J.

I think this is a most unfortunate case. The juvenile courts must be alive to their responsibilities. The juvenile in this case is a school girl and the charge is acts tending to disturb the peace contrary to section 298 of the Criminal Code, 1960 (Act 29), and yet when the case was called and she pleaded not guilty she was immediately remanded into custody for one week. This juvenile has clearly been dealt with as if she has committed some heinous crime. Now the principle which the juvenile court should apply is contained in section 344 (1) of the Criminal Procedure Code, 1960 (Act 30), and is as follows:

ā€œ(1). Where a juvenile for any cause is remanded in custody by a Juvenile Court, the Court shall whenever possible commit him to the care of his parents or guardian or any fit person, whether a relative or not, who is willing to undertake the care of him, or to a remand home established under Part XI of this Code.ā€

It seems to me that to prevent a school girl from going to sā€¦

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