Article 4 of the Saudi Juvenile Law
المادة 4 من نظام الأحداث
The article provides that procedures for reports by juvenile complainants and their testimony take place in a suitable place in the presence of the guardian, while reducing the need for them to attend in future.
Official text (Arabic)
This article has not been amended since the law was issued.
تكون في مكان مناسب إجراءات ضبط بلاغات الأحداث المدعين، وسماع الشهود من الأحداث, وما يتبعها من إجراءات تتطلب حضور الحدث -لأول مرة- (بوجود ولي أمره أو من يقوم مقامه). وتحدد اللائحة ما يلزم حيال ذلك بما يكفل عدم الحاجة إلى حضوره مستقبلاً لأي إجراء، ما لم تقتضِ الضرورة خلاف ذلك، وفقاً لما يقدره المحقق أو القاضي.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 4 explained in plain English
This article deals with a juvenile who is a complainant or witness, not an accused. It regulates three types of procedures:
- Procedures for recording reports by juvenile complainants.
- Hearing witnesses who are juveniles.
- The procedures that follow, which require the juvenile's attendance for the first time.
The article requires two things in these procedures: that they take place in a suitable place, and that they be carried out in the presence of the juvenile's guardian or the person acting in his place.
The article then refers to the Implementing Regulations to set what is necessary so that the juvenile does not need to attend in future for any procedure, the purpose being that he is not summoned repeatedly. An exception is made for what necessity requires, as assessed by the investigator or judge. The article does not give the details of these controls, which are left to the Implementing Regulations.
Article 1 defines a juvenile as someone who has completed seven years and has not completed eighteen, with his age calculated under Article 3 by the Hijri calendar. If the juvenile is an accused, the provisions on arrest in Article 5 apply to him. To learn what a family is entitled to regarding a report concerning their son or daughter, you can consult a lawyer specializing in criminal cases and juvenile cases.
Practical example
A 14-year-old girl in Makkah witnessed an assault in the neighborhood, and her testimony was requested. Under this article, her testimony is heard in a suitable place in the presence of her father or the person acting in his place, and as a rule she should not be summoned again for any procedure unless the investigator or judge assesses that necessity requires it.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 4 of the Saudi Juvenile Law
May a child's testimony be heard without his guardian?
The article provides that hearing juvenile witnesses takes place in the presence of his guardian or the person acting in his place and in a suitable place.
Is a juvenile witness summoned more than once?
The Implementing Regulations set what ensures there is no need for his attendance in future for any procedure, unless necessity requires otherwise as assessed by the investigator or judge.
Does the article cover a juvenile who files a report?
Yes. It covers procedures for recording reports by juvenile complainants.
More articles on Arrest and Notification of a Juvenile
- Article 5
The article regulates the arrest of a juvenile: his guardian is informed immediately in flagrante cases, and otherwise the arrest is carried out with the guardian or a Home representative present, or in a way that prevents being alone with him.
يراعى عند القبض على الحدث في حالات التلبس إبلاغ ولي أمره فوراً أو من يقوم مقامه. أما في غير حالات التلبس فيراعى حال الحدث، وأن يكون القبض عليه بحضور ولي أمره أو
- Article 6
The article provides that, in all cases, notifying a juvenile is not valid unless his guardian or the person acting in his place is notified.
في جميع الأحوال لا يكون إجراء تبليغ الحدث صحيحاً إلاَّ إذا بُلّغ ولي أمره أو من يقوم مقامه.
- Article 10
The article provides that in places with no juvenile facility, the juvenile's statements are heard in the presence of a guardian or Ministry representative, and he or she is handed to the guardian against an undertaking unless the Public Prosecution sees otherwise.
يسمع رئيس جهة الضبط أو من ينيبه أقوال الحدث -في الأماكن التي ليس فيها دار- بحضور ولي أمره أو من يقوم مقامه، أو مندوبٍ من الوزارة أو بما يمنع الخلوة أو الانفراد
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.