COMMENTS UPON INDICTABLE OFFENCES IN THE JUVENILE DELINQUENTS ACT

Abstract

This article is intended to scrutinize one provision in particular of the Juvenile Delinquents Act, the provision that states the circumstances under which and by what procedure a child may be deferred from the juvenile court to the ordinary criminal courts. After reviewing the language of the provision and the scope of the statute in relation to it, the author considers three circumstances where application of the provision is advisable: where no previous deferment has been made, where there has been a previous deferment and where a child is charged with murder. He argues that three conditions must be present for the provision to be applied: 1) the matter must be an indictable offence; 2) the child must be apparently or actually over fourteen years old; and 3) the Court must, in its discretion, be of the opinion that the good of the child and the interests of society demand a deferment. Finally, he examines the circumstances under which the judge of a juvenile court may rescind an order.