Frequently Asked Questions

The constitution and power of the Youth Courts are governed by the Children and Young Persons Act (CYPA) (Act 20 or 2001).
Section 33 CYPA Chapter 38

• Where a person is below 16 years old (a juvenile), he cannot be charged in an adult Court.
• Exception:
  - he is charged with an offence triable only by the High Court; or
  - he is jointly charged with an adult offender.

Part 1: Arrest of the Juvenile
When a juvenile commits a sizeable offence, the police may arrest him/her without a warrant of arrest. The juvenile must be brought before the Youth Courts without unnecessary delay. If he/she is remanded by the police, the police will have to bring him/her to the Youth Courts within 48 hours so that the charge may be referred against the juvenile offender.

Part 2: Charging of the Juvenile
When the juvenile is brought before the Youth Court Judge, the following steps will be taken:

• The substance of the alleged offence will be explained to the juvenile by the Court so that he/she understands the reason for his presence in Court;
• The juvenile will be asked if he/she admits to the offence;
• If yes, the juvenile pleads guilty and will be dealt with accordingly;
• If not, the case will be heard by way of a trial. Evidence will be heard and witnesses may be cross-examined by:
  • the juvenile or his defence counsel;
  • the juvenile's parent/guardian;
  • the juvenile's relatives or other responsible person; and
  • the Court.
• At the close of the prosecution's case, if there is some evidence which is not inherently credible, the Court will explain the substance of the evidence against the juvenile;
• The juvenile may give evidence on oath or make a statement. He/she may call witnesses in his defence;
• If it is proved that the juvenile is guilty as charged, the juvenile will be dealt with accordingly; and
• Once guilt is established (whether juvenile pleads guilty or is proven guilty), the juvenile's parents/guardians may mitigate on behalf of their child. What this means is that the parents/guardians will be given an opportunity to persuade the Court as to why probation would be suitable for the offender. The positive traits, character or behaviour of the juvenile offender may be highlighted by the parents/guardians or legal counsel.

Part 3: Probation Officers' Report
At this point, the Court may adjourn the case for a Probation Officer's Report (PO Report) to be put up, through interviews with the juvenile, parents/guardians, and reports from the school and professionals. The report would contain information on:

• The juvenile's general conduct;
• Home environment;
• School record;
• Medical history; and
• Any other relevant matters.

Part 4: Deciding on Dispositional Order
The Court will sit with the two Panel Advisors (who are individuals in the community with vast work experience with juveniles and who are appointed by the President of Singapore), Court Counsellors and Probation Officers (PO) for a discussion on the case before making the Dispositional Order. The content of the PO Report and the PO's recommendation will be deliberated over thoroughly. Rehabilitation plans for the juvenile and family will be considered to ensure that the juvenile is well rehabilitated and reintegrated back into the family and society holistically.
However, it is important to note that the severity of the offence is also a crucial factor to be taken into consideration when deciding on the Dispositional Order. Besides rehabilitation and restoration, the Dispositional Order also needs to have a component of deterrence and punishment so that the juvenile may be sufficiently discouraged from committing further offences. These two components have to be balanced with careful contemplation.
For selected cases, the juvenile and family may be asked to attend a Juvenile Case Conferencing (also known as a Family Conference) to sort out certain issues before an order is finally decided upon. The Family Conference is legislated by CYPA, Sections 45(1) and 46(1), with its purpose defined as follows:

• Reprimanding the offender;
• Administering a formal caution in the prescribed manner;
• Requiring the offender to pay compensation to the victim of the offence in such manner and of such amount as may be determined by the Family Conference;
• Requiring the offender to apologise to the victim;
• Recommend or initiate an additional order for young person and / or guardian or parents thereof to undergo rehabilitative counselling or appropriate programmes.
• Requiring the offender to do such other act as the Family Conference thinks appropriate in the circumstances.

The purpose and objective for each Family Conference is different and will be marked out by the Youth Court Judge during discussion.
It must be noted that a Family Conference is not a counselling session but an extension of the Youth Courts process. The Family Conference focuses on both deterrence of crime and restoration - through reprimand, formal caution, compensation and apologies to victims, and social undertakings. Possible commencement of counselling, psychotherapy or other programmes which are deemed appropriate for rehabilitation or reintegration may also take place.

Section 44 of the CYPA empowers the Youth Courts to make a list of orders (as listed below), whether on its own or in various combinations. The types of orders that the Youth Courts can make include:

• To discharge the offender;
  
• To discharge the offender upon his entering into a bond to be of good behaviour and to comply with such order as may be imposed;
  
• To commit the offender to the care of a relative or other fit person for a period to be specified by the Court;
  
• To order his parent or guardian to enter into a bond to exercise proper care and guardianship and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender;
  
• To make a probation order requiring the offender to be under the supervision of a probation officer or a volunteer probation officer for a period of not less than 6 months and not more than 3 years;
  
• To make an order, in accordance with the prescribed requirements, requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court;
  
• To order the offender to be detained in a place of detention for a period not exceeding 6 months;
  
• To order the offender to be detained in a place of detention or an approved institution over such number of weekends, not exceeding 26, as the Court thinks fit;
  
• To order the offender to be sent to a juvenile rehabilitation centre for a period of not more than 3 years;
  
• To order the offender to pay a fine, damages or costs;
  
• To order the offender to be brought before a District Court to be dealt with or deal with the offender under section 305 of the Criminal Procedure Code 2010 if the offender:
  - Has attained the age of 16 years; or
  - Having attained the age of 14 years but being below the age of 16 years, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered to be sent to a juvenile rehabilitation centre,
  and the Youth Courts are satisfied that it is expedient with a view to his reformation that he should undergo a period of training in a reformative training centre.
  The Youth Courts may also make an order requiring both the juvenile and his/her parents or guardians to undergo such counselling, psychotherapy or other programmes or to partake in such activity as the Court may think necessary for the purpose of:
  
• Resolving any relationship problems between the juvenile and the parent or guardian thereof;
  
• Rehabilitating or assisting in the rehabilitation of the juvenile;
  
• Enabling the parent or guardian of the juvenile to manage the juvenile; or
  
• Enhancing, promoting or protecting the physical, social and emotional well-being and safety of the juvenile.

For such Mandatory Counselling orders - A bond may be executed by parents/guardians to ensure their compliance with such an order. Failure to comply with the order would mean a forfeiture of the bond as well as a fine of up to $2000.
Each of the above accompanying orders can also be made singly, without combining with any other orders, or in combination with one or more accompanying orders.

In the case that the juvenile breaches the orders (i.e. breaks the rules of probation or residential centre), the order made may be changed or varied at the discretion of the Court. He/she may:

• Have probation extended;
  
• Be required to reside in a voluntary welfare organisation or Juvenile Rehabilitation Centre;
  
• Be transferred to and detained in a Juvenile Rehabilitation Centre (probation revoked);
  
• Be sentenced to Reformative Training under the Criminal Procedure Code;
  
• Any other orders as specified above.

If your child is undergoing the Youth Court Order or other programmes, it is important to cooperate with your child's case worker. Attending parenting workshops and talks as well as going for counselling sessions for the family may also be useful for you.

Under the Children & Young Persons Act (CYPA), the Director of Social Welfare (the Director) or any officer who is appointed by the Director of Social Welfare as a child protection officer (Protector), if they are of the view that a child or young person under the age of 16 years is need of care and protection, they may remove the child or young person to a place of temporary care and control, present him/her before a registered medical practitioner or approved welfare officer for an assessment of any medical or other treatment that is necessary before making an application to the Youth Courts for a care and protection order to be issued in favour of the child or young person.

Under Section 4 of the CYPA, a child or young person is in need of care or protection if:

• the child or young person has no parent or guardian;
• the child or young person has been abandoned by his parent or guardian and despite reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person;
• the parent or guardian of the child or young person:
  
  • is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person; or
    
  • is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control;
• the child or young person has been, is being or is at risk of being ill-treated:
  
  • by his parent or guardian; or
  • by any other person, and his parent or guardian, although knowing of such ill-treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill-treatment;
  
  
• the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his health or development and his parent or guardian neglects or refuses to have him so examined, investigated or treated;
  
• the child or young person behaves in a manner that is, or is likely to be, harmful to himself or to any person and:
  
  • his parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or
  • the remedial measures taken by the parent or guardian fail;
  
  
• there is such a serious and persistent conflict between the child or young person and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing the child or young person emotional injury;
  
• the child or young person:
  
  • is a person in respect of whom a relevant offence has been or is believed to have been committed; or
  • is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar offence being committed against him; and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child or young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely or unwilling to protect the child or young person from such offence; or
  
  
• the child or young person is found to be:
  
  • destitute or wandering without any settled place of abode and without visible means of subsistence;
    
  • begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of begging or receiving alms;
    
  • engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or
    
  • using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act (Cap. 146A)) for the purpose of inducing or causing in himself a state of intoxication.

The Director or the Protector will file a Complaint/Summons on behalf of the child or young person in the Youth Courts.
The Youth Court Judge, if he/she is of the view that there are sufficient grounds which are contained in the Complaint/Summons to warrant an investigation of the matter, will proceed to call for a Social Report on the child or young person.
In the meanwhile, the Youth Court Judge may make interim orders which may include placing the child or young person in a place of safety pending the Social Report.

After interviews are conducted with the parents/guardians, the child, and/or any significant others, the child protection officer will submit a Social Report to the Youth Courts. The Youth Court Judge will make the order after a discussion with two Panel Advisers (who are individuals in the community with vast work experience with juveniles and who are appointed by the President of Singapore). The Youth Court Judge may:

• order the parent or guardian of the child or young person to enter into a bond to exercise proper care and guardianship of the child or young person for such period as may be specified by the Court;
  
• order the child or young person to be committed to the care of a fit person for such period as may be specified by the Court;
  
• order the child or young person to be committed to a place of safety or a place of temporary care and protection for such period as may be specified by the Court; or
  
• without making any other order or in addition to an order under (a), (b) or (c) above, make an order placing the child or young person under the supervision of a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court.

If parents/guardians wish to contest the child protection application, they can inform the Youth Court Judge and he/she will give directions for parties to file their supporting documents and fix the matter for hearing. At the hearing, the Youth Court Judge will proceed to hear from the Director/Protector and the parents and/or their legal representatives before proceeding to make the necessary orders.

Under Section 50 of the Children and Young Persons Act (CYPA), parents can apply to the Youth Courts for a BPC Order to be made against their uncontrollable child.
The Youth Courts have the powers to make BPC Orders only against uncontrollable children who are below the age of 16 years at the point of the BPC Order.

The Youth Courts will only make a BPC Order if the parents can prove to the satisfaction of the Youth Court Judge that their child is beyond parental control. Making an application in the Youth Courts should serve as a last resort. Families are encouraged to try out the following measures before coming to the Youth Courts:

• Speak to school authorities if the child is in school
• Seek professional counselling in school, Family Service Centres or other social service agencies
• Seek psychological or psychiatric consultations, if necessary

• Parents should bring their child to the Youth Courts on Tuesday afternoons from 1.30pm to 4pm. (If the child has run away from home, a Warrant of Arrest may be issued to compel the child's attendance in Court)
• Register with the registration officer outside Youth Courts
• Parents will also be required to put into writing, details of their application in the relevant Form

A counsellor from the Singapore Children's Society (SCS) will thereafter attend to the parents and advise the parents on the next steps to take.
Once the BPC application is made, one of the following events could take place:

• The parents and/or their child could be advised to seek further assistance in the school or other social service agencies (e.g. Family Service Centre, Community Development Council)
• The parent and/or their child could be referred to Beaconworks, a six-month structured programme, which deals with issues concerning the juvenile and the family
• The Youth Court Judge could refer the parents and/or their child for counselling with SCS (lasting four weeks), before returning to the Youth Courts
• If the Youth Courts decide to accept the application, the application must be affirmed before the Youth Court Judge
• The parents' consent must be sought before the Youth Courts can pass any BPC Order.

The child will be remanded at the Singapore Boys' Home (SBH) or the Singapore Girls' Home (SGH) pending interviews with an officer from the Ministry of Social and Family Development (MSF). If the child is not present, a Warrant of Arrest will be issued for the child to be brought to the Youth Courts.

After interviews are conducted with the applicant parent, his/her spouse (or ex-spouse), the child, and/or any significant others, the MSF officer will submit a Social Report to the Youth Courts. The Youth Court Judge will make the order after a discussion with two Panel Advisers (who are individuals in the community with vast work experience with juveniles and who are appointed by the President of Singapore). The child may be ordered by the Youth Courts to:

• Reside in a Place of Safety for a period not exceeding three years
• Be placed on Statutory Supervision for a specified period, of up to three years, under the supervision of a social worker.

If the child fails to comply with any of the given orders, the social worker will initiate breach proceedings against the child in the Youth Courts. The child will then be remanded in SBH or SGH for a further report to be prepared and the Youth Court Judge will make an appropriate order taking into account the further report.

Change does not occur immediately. Your child needs to have the motivation to change and your continual support is critical for facilitating and sustaining the change. It would be helpful to be sensitive to your child's emotional needs and at the same time, ensure that your child complies with the rules and regulations laid upon him/her.

Making a BPC application in the Youth Courts may bring about some strain in the relationship between you and your child. It will be important to take steps to rebuild and strengthen your relationship with your child through counselling programmes.

If your child is undergoing the Youth Court Order or other programmes, it is important to cooperate with your child's case worker. Attending parenting workshops and talks as well as going for counselling sessions for the family may also be useful for you.