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anypenaltyimposedon a childfor an offence shouldcause as little interference
as possible with the child’s legitimate activities andpursuits, should take the
form most likelyto maintain andpromote the development of the child
andshouldtake the least restrictive form that is appropriate in the
circumstances; in particular, a periodof detention shouldbe imposed only
as a measure of last resort.
(3) A court may take into consideration as mitigating factors a child’s age and
level of maturity in determining the nature of any penalty imposed, unless
the penaltyis fixed bylaw.
(4) The penalty imposed on a child for an offence should be not greater than
that which would be appropriate in the case of an adult who commits an
offence of the same kind and may be less, where so provided for in this
Part.
(5) Any measures for dealing with offending by children shall have due regard
to the interests of anyvictims of their offending.
The courts on makinga findingof guilt in respect of a childoffender are empoweredunder
section 98 as follows:
Section 98: - Where a court is satisfied of the guilt of a childchargedwith an offence it
may, without prejudice to its general powers andin accordance with this part,
reprimandthe childor deal with the case bymaking one or more than one of the
followingorders:
(a) A conditional discharge order,
(b) An order that the child paya fine or costs,
(c) An order that the parent or guardian be boundover,
(d) A compensation order,
(e) A parental supervision order,
(f) An order that the parent or guardian paycompensation,
(g) An order imposing a community sanction,
(h) An order (the making of which may be deferred pursuant to Section 144) that
the child be detained in a children detention school or children detention centre,
includingan order under section 155(1),
(i) A detention and supervision order.
Havingregard to the prohibition upon imprisonment of a child (section 156) the most
restrictive penaltyavailable to a court exercisingcriminal jurisdiction over a childis a
detention order (section 142). However the court is again enjoinedfrom using the penalty
of detention except in the most parsimonious fashion under section 143 which provides:
Section 143:-
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