F1Part V
Absence without leave
69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement.
1
If a child—
a
absconds from a place of safety in which he has been detained by virtue of this Act, or
b
absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,
he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands F2; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
2
A child arrested in pursuance of this section shall be brought back—
a
in a case falling within paragraph (a) of subsection (1), to the place of safety,
b
in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.
3
If, in the case of a child required to be brought back in pursuance of the last foregoing subsection—
a
the occupier of the place of safety, or
b
the person under whose control he has been placed,
is unwilling or unable to receive him, the child shall be detained in a place of safety until the F3Principal Reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.
4
A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.
F45
In this and the next following section any reference—
a
to a child absconding includes a reference to his being unlawfully taken away;
b
to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.
70 Abscondment from residential establishments.
If a child who is required by a supervision requirement to reside in a residential establishment—
a
absconds from the establishment in which he resides; or
b
absconds from any hospital or other institution in which he is temporarily residing; or
c
being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;
he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands and brought back—
i
in a case falling within paragraph (b) to the place from which he absconded; or
ii
where he has run away from the person mentioned in paragraph (c), to that person; or
iii
in any case, to the residential establishment F5; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
C271 Harbouring. C1
Any person who knowingly—
a
assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or
b
harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,
shall be liable on summary conviction to a fine not exceeding F6level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Transfer
72 Supervision of children moving to England or Wales or Northern Ireland.
1
Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—
a
discharge the supervision requirement; or
b
send notification of the requirement
F7i
in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
ii
in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).
in which the child proposes to reside or is residing.
F81A
F9A youth courtto which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 F1012A, 12AA, 12B or 12Cof the M1Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—
F11a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
b
section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.
F122
A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—
a
if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;
b
if he is over the age of fourteen years, a probation order; or
c
in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.
2A
An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.
2B
Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.
3
Where a case is disposed of by a F13 youth court or, as the case may bejuvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Supervision of children moving to Scotland.
C31
Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either—
a
discharge the probation order or supervision order; or
b
send notification of that order to the F15Principal Reporter
and on the receipt of such a notification it shall be the duty of the F16Principal Reporter
F17i
in the case of a supervision order made by virtue of F18sections 189(4) and 390(4) of the M2Criminal Procedure (Scotland) Act 1975 to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the F16Principal Reporter has received by virtue of section 76 of this Act;
ii
in any other case.
to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
F19In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.
F201A
Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the M3Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—
a
the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;
b
the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and
c
the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the F16Principal Reporter shall apply accordingly.
2
3
When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.
74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
1
Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—
a
discharge the supervision requirement;
b
continue the supervision requirement;
c
vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or
d
make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.
2
If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.
3
Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F23 in Northern Ireland, being . . . F23, a training school within the meaning of the M4Children and Young Persons Act (Northern Ireland) 1950 or, . . . F23, committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.
4
The provisions of . . . F23 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F23 a training school as if it were . . . F23 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:
Provided that—
a
b
the contributions to be made in respect of him under . . . F23 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
F245
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
F256
An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the F26Children Act 1989, but as if section 31(8) were omitted.
75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
1
Where . . . F27F28the Secretary of State is satisfied that the parent of a child who is subject to an . . . F27 training school order F29or an order under section 74(3) of this Act relating to a training school proposes to reside or is residing in Scotland, he may refer the case to the F30Principal Reporter and if the case is so referred the F31Principal Reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
C42
Where a child has been committed to the care of a local authority in England or Wales F32by a care order (other than an interim order) within the meaning of the F33Children Act 1989 or an order under section 74(3) of this Act, or committed to the care of F34an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order underF35the said section 74(3) and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the F31Principal Reporter shall arrange a children’s hearing accordingly.
3
Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F27 training school order F36or order under the said section 74(3) relating to a training school or, as the case may be, of the order committing the child to the care of the local or F37other authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.
4
When a children’s hearing have disposed of a case referred to them under this section the order F38under the said section 74(3) or of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.
76 Procedure.
1
A children’s hearing or . . . F39 court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.
2
It shall be the duty of the F40Principal Reporter at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . F39 court referring a case to F41the Principal Reporter for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . F39 court or, as the case may be, to the F40Principal ReporterF42to which the case stands referred.
3
Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.
C54
Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . F39 training school order F43or order under section 74(3) of this Act relating to a training school or committed to the care of a local authority in England or Wales F44or of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland, it shall be the duty of the managers . . . F39 of the training school or, as the case may be, of that local F45or other authority to ensure the transfer of the child to the place notified to them by the F40Principal Reporter.
77 Meaning of child for the purposes of this Part of this Act.
1
“Child” in this Part of this Act means—
a
for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
c
for any other purpose, a person under eighteen.
2
“Parent” in this Part of this Act includes a guardian.
Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))