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Miscellaneous provisions as to prosecutions.
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77.—(1) In a prosecution for an offence under this Part of this Act, the court before whom the prosecution is brought may, on the application of the prosecutor or the person prosecuted or on its own motion, order the parent or employer of the young person to whom the prosecution relates to produce such young person before the court at a specified time and place, and in the event of such parent or employer failing without reasonable excuse so to produce such young person the court may inflict on such parent or employer a fine not exceeding twenty shillings.
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(2) In any prosecution for an offence under this Part of this Act the burden of proof of any of the following matters in relation to the young person to whom the prosecution relates shall lie on the person prosecuted, that is to say:—
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(a) the age of the young person;
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(b) that there was a reasonable excuse for the non-attendance of the young person for instruction in accordance with this Part of this Act on any particular day or during any particular period;
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(c) that the young person is receiving education suitable to a young person otherwise than by attending for instruction in accordance with this Part of this Act.
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(3) In any prosecution under this Part of this Act, a certificate purporting to be signed by the principal teacher at a course of instruction or school, attendance at which is attendance for instruction in accordance with this Part of this Act, stating that the young person to whom the prosecution relates is or is not attending that course of instruction or school or stating that such young person did or did not attend that course of instruction or school on particular days shall, until the contrary is proved be evidence of such of the matters aforesaid as are stated in such certificate.
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(4) In any prosecution for an offence under this Part of this Act a certificate purporting to be signed by a duly qualified medical practitioner that the young person to whom the prosecution relates is or was at any specified time suffering from a specified physical or mental malady or injury and that such malady or injury was of such a nature as to render the young person unfit to attend at a course of instruction or a school or that some person residing in the house in which such young person resides is or was suffering from a specified physical malady or injury shall, until the contrary is proved, be evidence of such of the facts aforesaid as are stated in such certificate.
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(5) In any prosecution for an offence under this Part of this Act, the court may order the costs incurred in relation to such prosecution by the prosecutor or the person prosecuted to be paid by the person prosecuted or the prosecutor (as the case may require) and may fix the amount of such costs.
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