(1) Subject to any rules or directions made or issued by the Chief Justice, where it appears to a court, other than a Children’s Court, at any stage of the proceedings that a child is charged before it with an offence other than murder and is not charged together with a person or persons of or above the age of eighteen years, the court may, and where within the area of a subordinate court’s jurisdiction there is established a Children’s Court having jurisdiction, the subordinate court shall remit the case to a Children’s Court;
Provided that nothing in this subsection shall be construed as preventing a court, if it considers in the circumstances, including the stage reached in the proceedings, that it is proper so to do, from proceeding with hearing and determination of the charge.
(2) Where in accordance with the provisions of subsection (1) of this section, a case is remitted to a children’s court after a finding that the child charged is guilty of the offence, the Children’s Court to which the case has been remitted may deal with the offender in any way in which it might have dealt with him if he had been tried and found guilty by that court.
(3) No appeal shall lie against an order of remission made under this section, but nothing in this section shall affect any right of appeal against the verdict or finding on which such order under section 194 of this Act, he may appeal against such findings to the Court of Appeal.
(4) A court by which an order remitting a case to a Children’s Court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail or bond until he can be brought before the Children’s Court, and shall cause to be transmitted to the clerk of the Children’s Court a certificate setting out the nature of the offence and stating the stage reached in the case, and that the case has been remitted for the purposes of being dealt with under this section.
(5) Where, pursuant to the provisions of section 182, a court other thana Children’s court hears a charge against a child, the court shall apply all the provisions of this Act as relate to the safeguards to be accorded a child offender.
Provided that nothing in this subsection shall be construed as preventing a court, if it considers in the circumstances, including the stage reached in the proceedings, that it is proper so to do, from proceeding with hearing and determination of the charge.
(2) Where in accordance with the provisions of subsection (1) of this section, a case is remitted to a children’s court after a finding that the child charged is guilty of the offence, the Children’s Court to which the case has been remitted may deal with the offender in any way in which it might have dealt with him if he had been tried and found guilty by that court.
(3) No appeal shall lie against an order of remission made under this section, but nothing in this section shall affect any right of appeal against the verdict or finding on which such order under section 194 of this Act, he may appeal against such findings to the Court of Appeal.
(4) A court by which an order remitting a case to a Children’s Court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail or bond until he can be brought before the Children’s Court, and shall cause to be transmitted to the clerk of the Children’s Court a certificate setting out the nature of the offence and stating the stage reached in the case, and that the case has been remitted for the purposes of being dealt with under this section.
(5) Where, pursuant to the provisions of section 182, a court other thana Children’s court hears a charge against a child, the court shall apply all the provisions of this Act as relate to the safeguards to be accorded a child offender.
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