The Juvenile Justice Act defines a juvenile as someone at least 12 but under 18 (Article 2). Juvenile courts handle alleged violations of criminal law and specified risk situations (Article 3). A legal representative or other suitable person generally must be notified to accompany the young person at questioning (Article 3-1). Investigations and hearings are private, although the juvenile court may permit relatives and other specified people to attend (Article 34). A parent as legal representative can give views at a hearing, and an assistant may be chosen at any time (Articles 31, 32 and 36). In particular cases the juvenile court refers the matter to a prosecutor for criminal procedure (Article 27); otherwise a protective disposition may be ordered under Article 42. Outcomes depend on the facts.
Who is a juvenile, and what is a juvenile case?
Article 2 defines a juvenile as a person aged 12 or above but not yet 18. Age at the relevant conduct should be checked.
Article 3 covers two kinds of matters: conduct violating criminal law, and specified situations—such as regularly carrying dangerous implements without good reason, using drugs without yet committing an offense, or unpunishable preparation or attempt—where protection of healthy development is needed. The need for protection is assessed from the child's personality, environment, associations, activities, family function, school and work circumstances.
本法稱少年者，謂十二歲以上十八歲未滿之人。（少年事件處理法第2條）
Unofficial English summary (not an official translation): Juvenile Justice Act Article 2 applies to a person aged at least 12 and under 18.
What happens when police or a school learn of the conduct?
Anyone who learns of a juvenile's conduct violating criminal law may report it to the competent juvenile court (Article 17). Judicial police, prosecutors and courts who learn of it through their duties must refer the matter to that court. Specified risk situations may be reported to a juvenile counseling committee (Article 18).
When a juvenile is questioned, the legal representative, current caregiver or another suitable person must generally be notified to attend, unless the notified person lacks a valid reason for absence or the matter is urgent (Article 3-1). At police questioning, accompaniment, arrest or receipt of the juvenile, police must promptly explain the alleged facts and law, silence, the right to choose an assistant and the right to request favorable evidence to the juvenile and representative or caregiver (Articles 3-2 and 18-1(4)).
Are juvenile investigations and hearings open to the public?
No. Investigation and hearing are private. The court may permit the juvenile's family members, school teachers, people working in juvenile protection and other suitable persons to attend, and may hear their views when necessary (Article 34). Privacy does not mean that parents and assistants are automatically excluded.
調查及審理不公開。但少年法院得許少年之親屬、學校教師、從事少年保護事業之人或其他認為相當之人在場旁聽；必要時得聽取其意見。（少年事件處理法第34條）
Unofficial English summary (not an official translation): Article 34 makes the investigation and hearing private while allowing the court to admit specified people and hear their views.
What can a parent or legal representative do?
The court sets a hearing and summons the juvenile, legal representative or current caregiver, and notifies the assistant (Article 32(1)). When questioning the juvenile at the hearing, it must give the representative or caregiver and assistant a chance to state their views (Article 36). A parent serving as legal representative is therefore a participant in the process.
The juvenile, representative or caregiver may choose an assistant at any time (Article 31(1)). Choosing a non-lawyer requires court consent (Article 31-1). For an offense with a minimum of at least three years' imprisonment, the court must designate an assistant if none has been chosen; it must also do so in other cases where it finds assistance necessary (Article 31(2)).
When is a case transferred to a prosecutor?
After investigation, the juvenile court must order transfer to a competent prosecutor if it finds a violation of criminal law involving an offense with a minimum of at least five years' imprisonment, or if the person has turned 20 after the case came before the court (Article 27(1)). It may transfer another serious case when, considering conduct, character and history, it finds criminal punishment appropriate (Article 27(2)). Neither transfer rule applies if the person was under 14 when the conduct occurred (Article 27(3)).
What protective dispositions may the court order?
Unless it declines to proceed with a hearing or protective measure, the court chooses one Article 42(1) disposition: an admonition with possible holiday guidance; probation with possible community service; placement with an appropriate welfare, educational, medical or transitional-education institution or another suitable facility for guidance; or correctional education. Where the juvenile is addicted to drugs or hallucinogenic substances, habitually abuses alcohol, or has an evident physical or mental impairment, Article 42(2) also allows appropriate treatment before or alongside a protective disposition.
少年法院審理事件，除為前二條處置者外，應對少年以裁定諭知下列之保護處分：一、訓誡，並得予以假日生活輔導。二、交付保護管束並得命為勞動服務。三、交付安置於適當之福利、教養機構、醫療機構、執行過渡性教育措施或其他適當措施之處所輔導。四、令入感化教育處所施以感化教育。（少年事件處理法第42條第1項）
Unofficial English summary (not an official translation): Article 42 lists four types of protective disposition, including admonition, probation, placement and correctional education.
When might legal advice help?
When a child receives a juvenile-court notice or faces investigation, hearing or possible transfer to prosecutors, early advice can clarify the procedure and help prepare a statement. Parents can give their views and choose an assistant. This is general information, not advice or a predicted result for an individual case.