Section 259 Child’s Right Act
Section 259 Child’s Right Act 2003 is about Post‐release supervision of children offenders. It is under Part XXII (Release and Post‐Release supervision) of the Act.
(1) A child shall‐
(a) after his release from an approved institution and until the expiration of four years from the date of the order committing him to the approved institution be under the supervision of such after‐care association or person as may be specified in a notice to be given him by the Director or Comptroller‐General on his release; and
(b) while under that supervision, comply with such requirements as may be so specified so however, that the Director or Controller‐General may at any time modify or cancel any of those requirements or order that the child shall cease to be under supervision.
(2) If, before the expiration of four years from the date of the order committing a child to an approved institution the Director or Comptroller‐General is satisfied that the child after his release from the approved institution under section 257 of this Act, has failed to comply with any requirement for the time specified in the notice given to him under subsection (1) of this section, the Director or Comptroller‐General may direct the child to be recalled to an approved institution.
(3) A child who is recalled into an approved institution is liable to be detained in the approved institution until the expiration of ‐
(a) three years from the date of the order committing the child to the approved institution;
or
(b) six months from the date of his being taken into custody under the direction, whichever is the later, and, if at large, shall be deemed to be unlawfully at large.
(4) A direction by the Director or Comptroller‐General recalling a child to an approved institution shall at the expiration of four years from the date of the order committing the child to the approved institution, cease to have effect unless the child to whom it relates is then in custody thereunder.
(5) The Director or Comptroller‐General may, at any time, release a child who is detained in an approved institution under this section and the provisions of this section shall apply in the case of a child so released as they apply in the case of a child released under section 257 of this Act.
(6) If a child while under supervision, or after recall to an approved institution is ordered to be committed to an approved institution or is sentenced by the Court or any other court to all approved institution for training, the original order or sentence‐
(a) shall cease to have effect; and
(b) if imprisonment, any period for which he is so imprisoned under that sentence shall count as part of the period for which he is liable to be detained in an approved institution under his original sentence.
(7) The Director or Comptroller ‐General shall, in exercising his functions under this section, act in accordance with any general or special directions of the Minister or Commission, as the case may be whether it is advisable to release a child from an approved institution.
(8) In this section, any reference to the date of an order committing a child to an approved institution for training shall in relation to a child who has appealed against his order or sentence be construed as a reference to the date on which the order or sentence was finally affirmed.
