CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 148
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 148
148 . Legal representation of child
[(1) deleted]
(2) If, in protection
proceedings, it appears to the Court that the child ought to have separate
legal representation, the Court may order that the child be separately
represented by a legal practitioner.
(3) The Court may make
an order under subsection (2) —
(a) on
its own initiative; or
(b) on
the application of —
(i)
the child; or
(ii)
an organisation concerned with the wellbeing of children;
or
(iii)
any other person.
(4) A legal
practitioner who represents a child in protection proceedings must act on the
instructions of the child if the child —
(a) has
sufficient maturity and understanding to give instructions; and
(b)
wishes to give instructions,
and in any other case
must act in the best interests of the child.
(5) Any question as to
whether a child has sufficient maturity and understanding to give instructions
is to be determined by the Court.
[Section 148 amended: No. 21 of 2008 s. 642; No. 9
of 2022 s. 334.]