CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 24 Chapters 6, 7 and 8—legal representation of child or young person

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 24

(1)     The court may hear an application under Chapter 6 (Young offenders), 7 (Children and young people in need of care and protection) or 8 (Transfer of protection orders and proceedings) in relation to a child or young person only if—

        (a)     the child or young person has a lawyer; or

        (b)     the court is satisfied that—

              (i)     the child or young person has had a reasonable opportunity to get legal representation; and

              (ii)     the child's or young person's best interests will be adequately represented in the proceeding.

(2)     If, in a proceeding under Chapter 6, 7 or 8 in relation to a child or young person—

        (a)     the child or young person does not have a lawyer; and

        (b)     either—

              (i)     the court is not satisfied that the child or young person has made, or can make, an informed and independent decision not to be represented by a lawyer, and it considers that the child or young person should be represented by a lawyer; or

              (ii)     the court is not satisfied the child's or young person's interests will be adequately represented in the proceeding;

the court may make the orders, or give the directions, it considers necessary or desirable to allow the child or young person a reasonable opportunity to get a lawyer.

(3)     The court may act under subsection (2)—

        (a)     on application by or on behalf of the child or young person or a party to the proceeding; or

        (b)     on its own initiative.

(4)     In a proceeding under Chapter 7 or 8 in relation to a child or young person, a lawyer of the child or young person must—

        (a)     if the lawyer is satisfied that, because of the child's or young person's age, maturity and level of understanding of the proceeding, the child or young person can give the lawyer instructions—act and make representations to the court in accordance with the instructions; or

        (b)     in any other case—act and make representations to the court in the best interests of the child or young person and having regard to the objects and principles of this Act.