Cap. 602 Art. 17Hearing of the minor.

(1) Before taking a decision in proceedings affecting a minor and if the Court considers the minor to be of sufficient understanding, it shall, always acting according to his best interests, take into consideration the wishes and views of the minor, as well as all the circumstances of the case, so as to:

(a) ensure that the minor has received all relevant information, including but not limited to information in relation to procedures which have been, or may be, taken with respect to the minor and the reasons therefor;

(b) consult with the minor in a manner appropriate to his understanding, unless the Court deems it reasonably clear that this is contrary to the best interests of the minor;

(c) give the minor the opportunity to express his views and consider them:

Provided that the Court shall, if it did not do so on the day appointed for the hearing of the case, hear the minor by not later than the second sitting in the hearing of the case.

(2) Where the Court does not itself consult the minor it shall ensure that the person consulting the minor has received appropriate training to make such consultations, and in the case of unaccompanied minors the Court shall also ensure that the person consulting such minors has the appropriate linguistic and cultural sensitivity.

(3) The person performing the consultation in accordance with the foregoing sub-article shall prepare a report on the same consultation and shall file it in the acts of the proceedings in such manner and within such time as the Court may order.

(4) The views of the minor which can be determined or, when such views cannot be determined, the reasons therefor, shall be noted in the acts of the proceedings by the Court.

(5) The views of the minor shall be determined with sensitivity and in a manner which does not cause harm to the minor.

(6) In any proceedings before the Court, the Court shall consider:

(a) the views of the minor, if the minor is considered to have sufficient understanding;

(b) the physical, emotional and educational needs of the minor and the capability of the parents, or of other appropriate persons, to contribute towards those needs;

(c) the effect that any change in circumstances may have on the minor;

(d) the age, background and characteristics of the minor that the Court deems relevant;

(e) the harm that the minor has suffered or may suffer; and

(f) any other relevant matter.

(7) The Court shall appoint the time in which the minor shall give his evidence in accordance with sub-article (8) and for such purpose it shall hear the minor in premises prescribed in accordance with article 15.

(8) Evidence from the minor shall be recorded by experts who shall be nominated by the Minister so as to form part of a list of experts to be appointed by the Court in cases of such a nature, and such evidence shall, as much as possible, be recorded in one sitting while also ensuring that the rights of all the parties involved are safeguarded.

(9) For the cross-examination of the minor by the lawyers of the parties, the questions to the minor shall be made to the experts mentioned in sub-article (8) in front of the Court and the Court shall ensure that the evidence required is gathered according to sub-article (8) and the law on evidence:

Provided that in exceptional cases only, a party to the proceedings may require that the Court hears the minor again for the purposes of an additional cross-examination and for such purposes the Court shall proceed to such hearing in the same manner as provided in this sub-article.

(10) The Minister may, by regulations, prescribe the procedure for the appointment of experts referred to in sub-article (8).