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:
"(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."
It seems to me that to prevent a school girl from going to school by remanding her in custody on a charge as petty as acts tending to disturb [p.342] the peace, a charge which is not punishable by imprisonment, is indeed most irresponsible. The remand into prison is more harsh than the sentence which the court could have imposed if it had found the juvenile guilty, because under section 298 of Act 29 the maximum sentence is a fine of N¢100.00. It seems to me that section 344(1) of Act 30 gives a guide-line as to what the juvenile court should do in the circumstances. It is a most unfortunate exercise of discretion and an abuse of discretion bordering on a reckless failure to do their duty when the juvenile court remanded this school girl into custody instead of remanding her into the care of her parents or guardian or any adult willing to take care of her.
In so far as the court ignored its duty, its order cannot be contained. The juvenile is hereby admitted to bail and committed to the care of her mother, the deponent herein, Ama Hawa of Ahensan. She is to enter into a bond in the sum of N¢10.00 without sureties conditioned for her producing the juvenile in court at any time the court wants her to stand her trial. This ruling should be brought to the attention of the juvenile court. Registrar to carry out.
DECISION
Application allowed.
T.G.K.
