Children and Young Persons Act 1969

Part IU.K. Care and other treatment of juveniles through court proceedings

[F1 Care of children and young persons through juvenile courts]E+W

1Care proceedings in juvenile courts.E+W

(1)Any local authority, constable or authorised person who reasonably believes that there are grounds for making an order under this section in respect of a child or young person may, subject to section 2(3) and (8) of this Act, bring him before a juvenile court.

(2)If the court before which a child or young person is brought under this section is of opinion that any of the following conditions is satisfied with respect to him, that is to say—

(a)his proper development is being avoidably prevented or neglected or his health is being avoidably impaired or neglected or he is being ill-treated; or

(b)it is probable that the condition set out in the preceding paragraph will be satisfied in his case, having regard to the fact that the court or another court has found that that condition is or was satisfied in the case of another child or young person who is or was a member of the household to which he belongs; or

[F2(bb)it is probable that the conditions set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933, including a person convicted of such an offence on whose conviction for the offence an order was made under Part I of the M1Powers of Criminal Courts Act 1973 placing him on probation or discharging him absolutely or conditionally is, or may become, a member of the same household as the child or young person;]

(c)he is exposed to moral danger; or

(d)he is beyond the control of his parent or guardian; or

(e)he is of compulsory school age within the meaning of the M2Education Act 1944 and is not receiving efficient full-time education suitable to his age, ability and aptitude [F3and to any special educational needs he may have]; or

(f)he is guilty of an offence, excluding homicide,

and also that he is in need of care or control which he is unlikely to receive unless the court makes an order under this section in respect of him, then, subject to the following provisions of this section and sections 2 and 3 of this Act, the court may if it thinks fit make such an order.

(3)The order which a court may make under this section in respect of a child or young person is—

(a)an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him; or

(b)a supervision order; or

(c)a care order (other than an interim order); or

(d)a hospital order within the meaning of [F4Part III of the M3Mental Health Act 1983]; or

(e)a guardianship order within the meaning of that Act.

(4)In any proceedings under this section the court may make orders in pursuance of paragraphs (c) and (d) of the preceding subsection but subject to that shall not make more than one of the orders mentioned in the preceding subsection, without prejudice to any power to make a further order in subsequent proceedings of any description; and if in proceedings under this section the court makes one of those orders and an order so mentioned is already in force in respect of the child or young person in question, the court may discharge the earlier order unless it is a hospital or guardianship order.

(5)An order under this section shall not be made in respect of a child or young person—

(a)in pursuance of paragraph (a) of subsection (3) of this section unless the parent or guardian in question consents;

(b)in pursuance of paragraph (d) or (e) of that subsection unless the conditions which, under [F5section 37 of the said Act of 1983], are required to be satisfied for the making of a hospital or guardianship order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable;

(c)if he has attained the age of sixteen and is or has been married.

(6)In this section “authorised person” means a person authorised by order of the Secretary of State to bring proceedings in pursuance of this section and any officer of a society which is so authorised, and in sections 2 and 3 of this Act “care proceedings” means proceedings in pursuance of this section and “relevant infant” means the child or young person in respect of whom such proceedings are brought or proposed to be brought.

[F62 Provisions supplementary to s. 1.E+W

(1)If a local authority receive information suggesting that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary.

(2)If it appears to a local authority that there are grounds for bringing care proceedings in repect of a child or young person who resides or is found in their area, it shall be the duty of the authority to exercise their power under the preceding section to bring care proceedings in respect of him unless they are satisfied that it is neither in his interest nor the public interest to do so or that some other person is about to do so or to charge him with an offence.

(3)No care proceedings shall be begun by any person unless that person has given notice of the proceedings to the local authority for the area in which it appears to him that the relevant infant resides or, if it appears to him that the relevant infant does not reside in the area of a local authority, to the local authority for any area in which it appears to him that any circumstances giving rise to the proceedings arose; but the preceding provisions of this subsection shall not apply where the person by whom the notice would fall to be given is the local authority in question.

(4)Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of the relevant infant before the court in which care proceedings are brought or proposed to be brought in respect of him; but [F7subsections (3) and (4) of section 55 of the M4Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “cannot be served or”.

(5)Where the relevant infant is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court aforesaid, the person in whose custody he is—

(a)may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b)shall within that period, unless within it the relevant infant is brought before the court aforesaid, bring him before a justice;

and the justice shall either make an interim order in respect of him or direct that he be released forthwith.

(6)[F8Section 97 of the M5Magistrates’ Courts Act 1980] (under which a summons or warrant may be issued to secure the attendance of a witness) shall apply to care proceedings as it applies to the hearing of a complaint.

(7)In determining whether the condition set out in subsection (2)(b) of the preceding section is satisfied in respect of the relevant infant, it shall be assumed that no order under that section is to be made in respect of him.

(8)In relation to the condition set out in subsection (2)(e) of the preceding section the references to a local authority in that section and subsections (1), (2) and (11) (b) of this section shall be construed as references to a local education authority; and in any care proceedings—

(a)the court shall not entertain an allegation that that condition is satisfied unless the proceedings are brought by a local education authority; and

(b)the said condition shall be deemed to be satisfied if the relevant infant is of the age mentioned in that condition and it is proved that he—

(i)is the subject of a school attendance order which is in force under section 37 of the M6Education Act 1944 and has not been complied with, or

(ii)is a registered pupil at a school which he is not attending regularly within the meaning of section 39 of that Act, or

(iii)is a person whom another person habitually wandering from place to place takes with him,

unless it is also proved that he is receiving the education mentioned in that condition;

but nothing in paragraph (a) of this subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether that condition is satisfied in respect of the relevant infant.

(9)If on application under this subsection to the court in which it is proposed to bring care proceedings in respect of a relevant infant who is not present before the court it appears to the court that he is under the age of five and either—

(a)it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed by rules under [F9section 144 of the M7Magistrates’ Courts Act 1980], that notice of the proposal to bring the proceedings at the time and place at which the application is made was served on the parent or guardian of the relevant infant at what appears to the court to be a reasonable time before the making of the application; or

(b)it appears to the court that his parent or guardian is present before the court

the court may if it thinks fit, after giving the parent or guardian if he is present an opportunity to be heard, give a direction under this subsection in respect of the relevant infant; and a relevant infant in respect of whom such a direction is given by a court shall be deemed to have been brought before the court under section 1 of this Act at the time of the direction, and care proceedings in respect of him may be continued accordingly.

(10)If the court before which the relevant infant is brought in care proceedings is not in a position to decide what order, if any, ought to be made under the preceding section in respect of him, [F10the court may make—

(a)an interim order; or

(b)an interim hospital order within the meaning of [F11section 38 of the M8Mental Health Act 1983]

in respect of him; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under [F11the said section 38], are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable.]

(11)If it appears to the court before which the relevant infant is brought in care proceedings that he resides in a petty sessions area other than that for which the court acts, the court shall, unless it dismisses the case and subject to subsection (5) of the following section, direct that he be brought under the preceding section before a juvenile court acting for the petty sessions area in which he resides; and where the court so directs—

(a)it may make an interim order in respect of him and, if it does so, shall cause the clerk of the court to which the direction relates to be informed of the case;

(b)if the court does not make such an order it shall cause the local authority in whose area it appears to the court that the relevant infant resides to be informed of the case, and it shall be the duty of that authority to give effect to the direction within twenty-one days.

(12)The relevant infant [F12or, in a case where a parent or guardian of his was a party to the care proceedings by virtue of an order under section 32A of this Act, the parent or guardian] may appeal to [F13the Crown court] against any order made in respect of [F14the relevant infant] under the preceding section except such an order as is mentioned in subsection (3)(a) of that section.

(13)Such an order as is mentioned in subsection (3)(a) of the preceding section shall not require the parent or guardian in question to enter into a recognisance for an amount exceeding [F15£1,000] or for a period exceeding three years or, where the relevant infant will attain the age of eighteen in a period shorter than three years, for a period exceeding that shorter period; and [F16section 120 of the M9Magistrates’ Courts Act 1980] (which relates to the forfeiture of recognisances) shall apply to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.

(14)For the purposes of this Act, care proceedings in respect of a relevant infant are begun when he is first brought before a juvenile court in pursuance of the preceding section in connection with the matter to which the proceedings relate.]

[F173 Further supplementary provisions relating to s. 1(2)(f)E+W

(1)In any care proceedings, no account shall be taken for the purposes of the condition set out in paragraph (f) of subsection (2) of section 1 of this Act (hereafter in this section referred to as “the offence condition”) of an offence alleged to have been committed by the relevant infant if—

(a)in any previous care proceedings in respect of him it was alleged that the offence condition was satisfied in consequence of the offence; or

(b)the offence is a summary offence. . . F18 and, disregarding section 4 of this Act, the period for beginning summary proceedings in respect of it expired before the care proceedings were begun; or

(c)disregarding section 4 of this Act, he would if charged with the offence be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(2)In any care proceedings the court shall not entertain an allegation that the offence condition is satisfied in respect of the relevant infant unless the proceedings are brought by a local authority or a constable [F19and, in the case of proceedings brought by a constable, the Director of Public Prosecutions has consented to the allegation being made]; but nothing in this or the preceding subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether the offence condition is satisfied in respect of the relevant infant.

(3)If in any care proceedings the relevant infant is alleged to have committed an offence in consequence of which the offence condition is satisfied with respect to him, the court shall not find the offence condition satisfied in consequence of the offence unless, disregarding section 4 of this Act, it would have found him guilty of the offence if the proceedings had been in pursuance of an information duly charging him with the offence and the court had had jurisdiction to try the information; and without prejudice to the preceding provisions of this subsection the same proof shall be required to substantiate or refute an allegation that the offence condition is satisfied in consequence of an offence as is required to warrant a finding of guilty, or as the case may be, of not guilty of the offence.

(4)A person shall not be charged with an offence if in care proceedings previously brought in respect of him it was alleged that the offence condition was satisfied in consequence of that offence.

(5)If in any care proceedings in which it is alleged that the offence condition is satisfied in respect of the relevant infant it appears to the court that the case falls to be remitted to another court in pursuance of subsection (11) of the preceding section but that it is appropriate to determine whether the condition is satisfied before remitting the case, the court may determine accordingly; and any determination under this subsection shall be binding on the court to which the case is remitted.

[F20(6)Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant, then, whether or not the court makes an order under section 1 of this Act—

(a)section 35 of the M10Powers of Criminal Courts Act 1973 (which relates to compensation for personal injury and loss of or damage to property) shall apply as if the finding were a finding of guilty of the offence; and

(b)it shall be the duty of the court, subject to subsections (6A) and (6B) of this section, to order that any sum awarded by virtue of this section be paid by the relevant infant’s parent or guardian instead of by the relevant infant, unless the court is satisfied—

(i)that the parent or guardian cannot be found; or

(ii)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(6A)An order shall not be made in pursuance of the preceding subsection unless the parent or guardian has been given an opportunity of being heard or has been required to attend the proceedings and failed to do so.

(6B)where the finding that the offence condition is satisfied is made in pursuance of subsection (5) of this section, the powers conferred by subsection (6) of this section shall be exercisable by the court to which the case is remitted instead of by the court which made the finding.]

(7)Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant and he is a young person, the court may if it thinks fit and he consents, instead of making such an order as is mentioned in section 1(3) of this Act, order him to enter into a recognisance for an amount not exceeding [F21£50] and for a period not exceeding one year to keep the peace or to be of good behaviour; and such an order shall be deemed to be an order under section 1 of this Act but no appeal to [F22the Crown court] may be brought against an order under this subsection.

(8)Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an offence which was not admitted by him before the court, then—

(a)if the finding is made in pursuance of subsection (5) of this section and the court to which the case is remitted decides not to make any order under section 1 of this Act in respect of the relevant infant; or

(b)if the finding is not made in pursuance of that subsection and the court decides as aforesaid,

the relevant infant may appeal to [F23the Crown court] against the finding, and in a case falling within paragraph (a) of this subsection any notice of appeal shall be given within [F24twenty-one days] after the date of the decision mentioned in that paragraph; and a person ordered to pay compensation by virtue of subsection (6) of this section may appeal to [F23the Crown court] against the order.

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25]

Consequential changes in criminal proceedings etc.E+W+S

5 Restrictions on criminal proceedings for offences by young persons.E+W

(1)A person other than a qualified informant shall not lay an information in respect of an offence if the alleged offender is a young person.

(2)A qualified informant shall not lay an information in respect of an offence if the alleged offender is a young person unless the informant is of opinion that the case is of a description prescribed in pursuance of subsection (4) of this section and that it would not be adequate for the case to be dealt with by a parent, teacher or other person or by means of a caution from a constable or through an exercise of the powers of a local authority or other body not involving court proceedings or by means of proceedings under [F26section 1 of this Act][F26Part IV of the Children Act 1989].

(3)A qualified informant shall not come to a decision in pursuance of the preceding subsection to lay an information unless—

(a)he has told the appropriate local authority that the laying of the information is being considered and has asked for any observations which the authority may wish to make on the case to the informant; and

(b)the authority either have notified the informant that they do not wish to make such observations or have not made any during the period or extended period indicated by the informant as that which in the circumstances he considers reasonable for the purpose or the informant has considered the observations made by the authority during that period;

but the informant shall be entitled to disregard the foregoing provisions of this subsection in any case in which it appears to him that the requirements of the preceding subsection are satisfied and will continue to be satisfied notwithstanding any observations which might be made in pursuance of this subsection.

(4)The Secretary of State may make regulations specifying, by reference to such considerations as he thinks fit, the descriptions of cases in which a qualified informant may lay an information in respect of an offence if the alleged offender is a young person; but no regulations shall be made under this subsection unless a draft of the regulations has been approved by a resolution of each House of Parliament.

(5)An information laid by a qualified informant in a case where the informant has reason to believe that the alleged offender is a young person shall be in writing and shall—

(a)state the alleged offender’s age to the best of the informant’s knowledge; and

(b)contain a certificate signed by the informant stating that the requirements of subsections (2) and (3) of this section are satisfied with respect to the case or that the case is one in which the requirements of the said subsection (2) are satisfied and the informant is entitled to disregard the requirements of the said subsection (3).

(6)If at the time when justices begin to inquire into a case, either as examining justices or on the trial of an information, they have reason to believe that the alleged offender is a young person and either—

(a)it appears to them that the person who laid the information in question was not a qualified informant when he laid it; or

(b)the information is not in writing or does not contain such a certificate as is mentioned in subsection (5)(b) of this section,

it shall be their duty to quash the information, without prejudice to the laying of a further information in respect of the matter in question; but no proceedings shall be invalidated by reason of a contravention of any provision of this section and no action shall lie, by reason only of such a contravention, in respect of proceedings in respect of which such a contravention has occurred.

(7)Nothing in the preceding provisions of this section applies to an information laid with the consent of the Attorney General or laid by or on behalf or with the consent of the Director of Public Prosecutions.

(8)It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

(9)In this section—

• “the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and

• “qualified informant” means a servant of the Crown, a police officer and a member of designated police force acting in his capacity as such a servant, officer or member, a local authority, the Greater London Council, the council of a [F27district] and any body designated as a public body for the purposes of this section;

and in this subsection “designated” means designated by an order made by the Secretary of State; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W

7 Alterations in treatment of young offenders etc.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(5)An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

X1(6)Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

(7)Subject [F32to subsection (7A) of this section and] to the enactments requiring cases to be remitted to juvenile courts and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child is found guilty of homicide or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power—

[F33(a)if the offence is punishable in the case of an adult with imprisonment, to make a care order (other than an interim order) in respect of him; or]

(b)to make a supervision order in respect of him; or

(c)with the consent of his parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; [F34and subsection (13) of section 2 of this Act shall apply to an order under paragraph (c) of this subsection as it applies to such an order as is mentioned in that subsection.]

[F35(7A)A court shall not make a care order under subsection (7) of this section in respect of a child or young person unless it is of opinion—

(a)that a care order is appropriate because of the seriousness of the offence; and

(b)that the child or young person is in need of care or control which he is unlikely to receive unless the court makes a care order.]

[F36(7B)An order under subsection (7)(c) of this section shall not require a person to enter into a recognisance—

(a)for an amount exceeding £1,000; or

(b)for a period exceeding—

(i)three years; or

(ii)where the young person concerned will attain the age of eighteen in a period shorter than three years, that shorter period.

(7C)Section 120 of the Magistrates’ Courts Act 1980 shall apply to a recognisance entered into in pursuance of an order under subsection (7)(c) of this section as it applies to a recognisance to keep the peace.]

(8)Without prejudice to the power to remit any case to a juvenile court which is conferred on a magistrates’ court other than a juvenile court by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a person guilty of an offence and either he is a young person or was a young person when the proceedings in question were begun it shall be the duty of the court to exercise that power unless the court [F37is of the opinion that the case is one which can properly be dealt with by means of—

(a)an order discharging him absolutely or conditionally; or

(b)an order for the payment of a fine; or

(c)an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.]

[F387A Legal representation.E+W

(1)A court shall not make a care order under section 7(7) of this Act in respect of a child or young person who is not legally represented in that court unless either—

(a)he applied for legal aid and the application was refused on the ground that it did not appear that his means were such that he required assistance; or

(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(2)For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before a care order is made, and in this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to the making of the care order; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.]

9 Investigations by local authorities.E+W

(1)Where a local authority or a local education authority bring [F41proceedings under section 1 of this Act or] proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

(2)If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

10 Further limitations on publication of particulars of children and young persons etc.E+W+S

(1)In subsection (1) of section 49 of the Act of 1933 (which among other things imposes restrictions on reports of certain court proceedings concerning children or young persons but authorises the court or the Secretary of State, if satisfied that it is in the interests of justice to do so, to dispense with the requirements of that section)—

(a)the references to a young person concerned in the proceedings as the person in respect of whom they are taken shall be construed as including references to any person who has attained the age of seventeen but not eighteen and against or in respect of whom the proceedings are taken and, in the case of proceedings under Part I of this Act, any other person in respect of whom those proceedings are taken; and

(b)the references to a juvenile court shall, in relation to proceedings in pursuance of the provisions of sections 15 and 16 of this Act or on appeal from such proceedings, be construed as including a reference to any other magistrates’ court or, as the case may be, the court in which the appeal is brought; and

(c)for the words “in the interests of justice so to do” there shall be substituted words “appropriate to do so for the purpose of avoiding injustice to a child or young person” and after the word “section” there shall be inserted the words “in relation to him”.

(2)Where by virtue of paragraph (b) of the preceding subsection the said section 49 applies to any proceedings, it shall be the duty of the court in which the proceedings are taken to announce in the course of the proceedings that that section applies to them; and if the court fails to do so that section shall not apply to the proceedings in question.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

SupervisionE+W

11 Supervision orders. E+W

Any provision of this Act authorising a court to make a supervision order in respect of any person shall be construed as authorising the court to make an order placing him under the supervision of a local authority designated by the order or of a probation officer; and in this Act “supervision order” shall be construed accordingly and “supervised person” and “supervisor”, in relation to a supervision order, mean respectively the person placed or to be placed under supervision by the order and the person under whose supervision he is placed or to be placed by the order.

[F4311A Local authority functions under certain supervision orders.E+W

The Secretary of State may make regulations with respect to the exercise by a local authority of their functions in a case where a person has been placed under their supervision by an order made under section 1(3)(b) or 21(2) of this Act.]

[F4412 Power to include requirements in supervision orders.E+W

(1)A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.

(2)Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—

(a)to live at a place or places specified in the directions for a period or periods so specified;

(b)to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(c)to participate in activities specified in the directions on a day or days so specified;

but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.

(3)The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.]

[F4512A Young offenders.E+W

[F46X2(1)Subject to subsection (2) of this section, this subsection applies to—

(a)any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and

(b)any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).

(2)Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.]

[F46X2(1)This subsection applies to any supervision order made under section 7(7) of this Act unless it requires the supervised person to comply with directions given by the supervisor under section 12(2) of this Act.]

(3)Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—

(a)to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;

(b)to remain for specified periods between 6 p.m. and 6 a.m.—

(i)at a place specified in the order; or

(ii)at one of several places so specified;

(c)to refrain from participating in activities specified in the order—

(i)on a specified day or days during the period for which the supervision order is in force; or

(ii)during the whole of that period or a specified portion of it.

(4)Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.

(5)The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.

(6)The court may not include requirements under subsection (3) above in a supervision order unless—

(a)it has first consulted the supervisor as to—

(i)the offender’s circumstances; and

(ii)the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;

(b)having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and

(c)the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.

(7)The court shall not include in such an order by virtue of subsection (3) above—

(a)any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or

(b)any requirement requiring the supervised person to reside with a specified individual; or

(c)any such requirement as is mentioned in section 12B(1) of this Act.

(8)The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction”) shall be the place where the supervised person lives.

(9)A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.

(10)A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

(11)A night restriction shall not be imposed in respect of more than 30 days in all.

(12)A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—

(a)by his parent or guardian;

(b)by his supervisor; or

(c)by some other person specified in the supervision order.

(13)A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.]

[F5312B Requirements as to mental treatment.E+W

(1)Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

(a)treatment by or under the direction of a fully registered medical practitioner specified in the order;

(b)treatment as a non-resident patient at a place specified in the order; or

(c)treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.

(2)A requirement shall not be included in a supervision order in pursuance of subsection (1) above—

(a)in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

(b)in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the supervised person becomes 18.]

[F5412C Requirements as to education.E+W

(1)Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.

(2)The Court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

(3)Expressions used in subsection (1) above and in the Education Act M121944 have the same meaning there as in that Act.

(4)The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.]

[F5512D Duty of court to state in certain cases that requirement in place of custodial sentence.E+W

(1)Where—

(a)in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and

(b)it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,

it shall state in open court—

(i)that it is making the order instead of a custodial sentence;

(ii)that it is satisfied that—

(a)the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or

(b)only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and

(iii)why it is so satisfied.

(2)Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.

(3)Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.]

13 Selection of supervisor.E+W

(1)A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.

(2)A court shall not insert in a supervision order a provision placing a child under the supervision of a probation officer unless the local authority of which the area is named or to be named in the order in pursuance of section 18(2)(a) of this Act so request and a probation officer is already exercising or has exercised, in relation to another member of the household to which the child belongs, duties imposed [F56on probation officers by paragraph 8 of Schedule 3 to the M13Powers of Criminal Courts Act 1973 or by rules under paragraph 18(1)(b)] of that Schedule.

(3)Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements made by the [F57probation committee]; but if the probation officer selected as aforesaid dies or is unable to carry out his duties. . . F58, another probation officer shall be selected as aforesaid for the purposes of the order.

14Duty of supervisor.E+W

While a supervision order is in force it shall be the duty of the supervisor to advise, assist and befriend the supervised person.

[F5914A Refusal to allow supervisor to visit child or young person.E+W

Where a supervision order has been made in a case where a condition set out in paragraph (a), (b), (bb) or (c) of section 1(2) above is satisfied, a refusal to comply with a requirement imposed under section 18(2)(b) below—

(a)that the supervisor of a child or young person shall visit him; or

(b)that a child or young person shall be medically examined,

shall be treated for the purposes of section 40 of the M14Children and Young Persons Act 1933 (under which a warrant authorising the search for and removal of a child or young person may be issued on suspicion of unnecessary suffering caused to, or certain offences committed against, the child or young person) as giving reasonable cause for such suspicion.]

15Variation and discharge of supervision orders.E+W

(1)If while a supervision order is in force in respect of a supervised person who has not attained the age of eighteen it appears to a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a)cancelling any requirement included in it in pursuance of section 12 [F60, 12A, [F6112AA] 12B or 12C] or section 18(2)(b) of this Act; or

(b)inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power,

[F62and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person]; but the powers of variation conferred by this subsection do not include power to insert in the supervision order, after the expiration of [F63three months beginning with the date when the order was originally made], a requirement in pursuance of [F64section 12B(1)] of this Act, unless. . . F65 it is in substitution for such a requirement already included in the order [F66or power to insert in the supervision order a requirement in pursuance of [F64section 12A(3)] (b) of this Act in respect of any day which falls outside the period of 3 months beginning with the date when the order was originally made.]

(2)If on an application in pursuance of the preceding subsection, in a case where the supervised person has attained the age of seventeen [F67and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order], it appears to the court appropriate to do so it may proceed as if the application were in pursuance of subsection (3) or, if it is made by the supervisor, in pursuance of subsections (3) and (4) of this section and as if in that subsection or those subsections, as the case may be, the word “seventeen” were substituted for the word “eighteen” and the words “a magistrates’ court other than” were omitted.

[F68(2A)If while a supervision order made under section 7(7) of this Act [F69or made by a court on discharging a care order made under that subsection] is in force in respect of a person who has not attained the age of 18 it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F7012AA] 12C or 18(2)(b) of this Act, the court—

(a)may order him to pay a fine of an amount not exceeding £100; or

(b)subject to section 16A(1) of this Act, may make an attendance centre order in respect of him,

whether or not it also makes an order under subsection (1) of this section.]

(3)If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it appears to a magistrates’ court other than a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a)inserting in it a provision specifying the duration of the order or altering or cancelling such a provision already included in it; or

(b)substituting for the provisions of the order by which the supervisor is designated or by virtue of which he is selected such other provisions in that behalf as could have been included in the order if the court had then had power to make it and were exercising the power; or

(c)substituting for the name of an area included in the order in pursuance of section 18(2)(a) of this Act the name of any other area of a local authority or petty sessions area, as the case may be, in which it appears to the court that the supervised person resides or will reside; or

(d)cancelling any provision included in the order by virtue of section 18(2)(b) of this Act or inserting in it any provision prescribed for the purposes of that paragraph; or

(e)cancelling any requirement included in the order in pursuance of section [F7112, 12A, [F7212AA], 12B or 12C] of this Act.

[F73(4)If while a supervision order made under section 7(7) of this Act [F74or made by a court on discharging a care order made under that section] is in force in respect of a person who has attained the age of 18 it is proved to the satisfaction of a magistrates’ court [F75(not being a juvenile court)][F75other than a juvenile court], on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F7612AA] 12C or 18(2)(b) of this Act, the court—

(a)whether or not it also makes an order under subsection (3) of this section, may order him to pay a fine of an amount not exceeding £100 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him;

(b)if it also discharges the supervision order, may make an order imposing on him any punishment other than a sentence of detention in a young offender institution which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him in the exercise of that power;

and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents—

(i)the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

(ii)if the punishment imposed is a fine, it shall not in any event exceed £2,000.

(4A)If while a supervision order is in force in respect of a person it is proved to the court under subsection (2A) or (4) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him, or found him guilty, in the exercise of that power.

(4B)In a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the sentence imposed shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed a custodial sentence for a term of six months and a fine—

(a)if the offender has not attained the age of 18, of £400; and

(b)if he has attained that age, of £2,000.

(4C)A court may not make an order by virtue of subsection (4A) of this section unless the court which made the supervision order made a statement under section 12D(1) of this Act.

(4D)For the purposes of subsection (4C) above a certificate under section 12D of this Act shall be evidence of the making of the statement to which it relates.]

(5)If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of [F77section 12B(1)] of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—

(a)that the treatment should be continued beyond the period specified in that behalf in the order; or

(b)that the supervised person needs different treatment; or

(c)that he is not susceptible to treatment; or

(d)that he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor; and on receiving a report under this subsection the supervisor shall refer it to a juvenile court, and on such a reference the court may make an order cancelling or varying the requirement.

(6)The preceding provisions of this section shall have effect subject to the provisions of the following section.

16Provisions supplementary to s. 15.E+W

(1)Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

(2)Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but [F78subsections (3) and (4) of section 55 of the M15Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the word “cannot be served or”.

(3)Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—

(a)may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b)shall within that period, unless within it the [F79relevant infant][F79supervised person] is brought before the court aforesaid, bring him before a justice;

[F80and the justice shall [F81either direct that he be released forthwith or—

(i)if he has not attained the age of eighteen, make an interim order in respect of him;

(ii)if he has attained that age, remand him.]

[F81(i)direct that he be released forthwith; or

(ii)remand him.]]

[F82(3A)Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—

(a)direct that he be released forthwith; or

(b)subject to subsection (3C) of this section, remand him to local authority accommodation.

(3B)A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.

(3C)Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—

(a)to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or

(b)to a prison, if he has not been so notified.]

[F83X3(4)If on an application to a court under subsection (1) of the preceding section—

(a)the supervised person is brought before the court under a warrant issued or [F84an interim order made by virtue of][F84a remand under] the preceding provisions of this section; or

(b)the court considers that it is likely to exercise its powers under that subsection to make an order in respect of the supervised person but, before deciding whether to do so, seeks information with respect to him which it considers is unlikely to be obtained unless the court [F85makes an interim order in respect of][F85remands] him,

the court may [F86make an interim order in respect of][F86remand] the supervised person.]

[F83X3(4)Where an application is made to a court under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—

(a)a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or

(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).]

(5)A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

(a)discharging the supervision order;

(b)cancelling a provision included in the supervision order in pursuance of section 12 [F87, 12A, [F8812AA], 12B or 12C] or section 18(2)(b) of this Act;

(c)reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12 [F87, 12A, [F8812AA], 12B or 12C];

(d)altering in the supervision order the name of any area;

(e)changing the supervisor.

(6)A juvenile court shall not—

(a)exercise its powers under subsection (1) of the preceding section to make [F89a care order or] an order discharging a supervision order or inserting in it a requirement authorised by section 12 [F90, 12A, [F9112AA] 12B or 12C] of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;

(b)exercise its powers to make an order under subsection (5) of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;

(c)exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by [F92section 12B(1)] of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said [F92section 12B(1)] on such evidence as is there mentioned.

(7)Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by [F92section 12B(1)] of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

(8)The supervised person [F93or, in a case where a parent or guardian of his was a party to the proceedings on an application under the preceding section by virtue of an order under section 32A of this Act, the parent or guardian] may appeal to [F94the Crown court] against—

(a)any order made under the preceding section, except an order made or which could have been made in the absence of the supervised person and an order containing only provisons to which he consented in pursuance of the preceding subsection;

(b)the dismissal of an application under that section to discharge a supervision order.

(9)Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

(10)In [F95paragraph (b) of subsection (2A) and] paragraph (a) of subsection (4) of the preceding section “attendance centre order” means such an order to attend an attendance centre as is mentioned in subsection (1) of section [F9617 of the M16Criminal Justice Act 1982];. . . F97

(11)In this and the preceding section references to a juvenile court or any other magistrates’ court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a juvenile court in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of seventeen or eighteen, the court shall deal with the application as if he had not attained the age in question.

[F9816A(1)The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—

(a)in subsection (1), for the words from “has power” to “probation order” there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(2A) or (4) of the Children and Young Persons Act 1969”;

(b)for references to an offender there were substituted references to a supervised person; and

(c)subsection (13) were omitted.

(2)Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—

(a)for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and

(b)there were omitted—

(i)from subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and

(ii)from subsection (6), the words “for an offence”]

17 Termination of supervision.E+W

A supervision order shall, unless it has previously been discharged, cease to have effect—

(a)in any case, on the expiration of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made;

[F100(b)if the order was made by virtue of section 1 of this Act or on the occasion of the discharge of a care order and the supervised person attains the age of eighteen on a day earlier than that on which the order would expire under paragraph (a) above, on that earlier day.]

[F101(c)in the case of an order made by virtue of section 1 of this Act, if an event mentioned in paragraph (a) or (b) of section 25(1) of the Child Abduction and Custody Act 1985 occurs with respect to the child.]

18 Supplementary provisions relating to supervision orders.E+W

(1)A court shall not make a supervision order unless it is satisfied that the supervised person resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the supervised person will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of section 12(1) of this Act.

(2)A supervision order—

(a)shall name the area of the local authority and the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this paragraph, that the supervised person resides or will reside; and

(b)may contain such prescribed provisions as the court aforesaid considers appropriate for facilitating the performance by the supervisor of his functions under section 14 of this Act, including any prescribed provisions for requiring visits to be made by the supervised person to the supervisor,

and in paragraph (b) of this subsection “prescribed” means prescribed by rules under [F102section 144 of the M18Magistrates’ Courts Act 1980].

(3)A court which makes a supervision order or an order varying or discharging a supervision order shall forthwith send a copy of its order—

(a)to the supervised person and, if the supervised person is a child, to his parent or guardian; and

(b)to the supervisor and any person who has ceased to be the supervisor by virtue of the order; and

(c)to any local authority who is not entitled by virtue of the preceding paragraph to such a copy and whose area is named in the supervision order in pursuance of the preceding subsection or has ceased to be so named by virtue of the court’s order; and

(d)where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and

(e)where a petty sessions area named in the order or discharged order in pursuance of subsection (2) of this section is not that for which the court acts, to the clerk to the justices for the petty sessions area so named;

and, in a case falling within paragraph (e) of this subsection, shall also send to the clerk to the justices in question such documents and information relating to the case as the court considers likely to be of assistance to them.

[F103(4)Where a supervision order—

(a)requires compliance with directions given by virtue of section 12(2) of this Act; or

(b)includes by virtue of [F104section 12A(3)] of this Act a requirement which involves the use of facilities for the time being specified in a scheme in force under section 19 of this Act for an area in which the supervised person resides or will reside,

any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of subsection (2) of this section.]

[F10519 Facilities for the carrying out of supervisors’ directions and requirements included in supervision orders by virtue of section 12(3C).E+W

(1)It shall be the duty of a local authority, acting either individually or in association with other local authorities, to make arrangements with such persons as appear to them to be appropriate, for the provision by those persons of facilities for enabling—

(a)directions given by virtue of section 12(2) of this Act to persons resident in their area; and

(b)requirements that may only be included in a supervision order by virtue of [F106section 12A(3)] of this Act if they are for the time being specified in a scheme,

to be carried out effectively.

(2)The authority or authorities making any arrangements in accordance with subsection (1) of this section shall consult each relevant probation committee as to the arrangements.

(3)Any such arrangements shall be specified in a scheme made by the authority or authorities making them.

(4)A scheme shall come into force on a date to be specified in it.

(5)The authority or authorities making a scheme shall send copies of it to the clerk to the justices for each petty sessions area of which any part is included in the area to which the scheme relates.

(6)A copy of a scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours, and any such authority shall on demand by any person furnish him with a copy of the scheme free of charge.

(7)The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.

(8)A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.

(9)The powers conferred by subsection (7) of this section shall not be exercisable by an authority or authorities unless they have first consulted each relevant probation committee.

(10)The authority or authorities who made a scheme shall send to the clerk to the justices for each petty sessions area of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) of this section, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements, and the new or altered arrangements shall come into force on that date.

(11)Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.

(12)A supervision order shall not require compliance with directions given by virtue of section 12(2) of this Act unless the court making it is satisfied that a scheme under this section is in force for the area where the supervised person resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under this section for that area.

(13)Subject to subsection (14) of this section, a supervision order may not include by virtue of [F106subsection 12A(3)] of this Act—

(a)any requirement that would involve the supervised person in absence from home—

(i)for more than 2 consecutive nights; or

(ii)for more than 2 nights in any one week; or

(b) if the supervised person is of compulsory school age, any requirement to participate in activities during normal school hours,

unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under this section for the area in which the supervised person resides or will reside.

(14)Subsection (13)(b) of this section does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the supervised person resides or will reside.

(15)It shall be the duty of every local authority to ensure that a scheme made by them in accordance with this section, either individually or in association with any other local authority, comes into force for their area not later than 30th April 1983 or such later date as the Secretary of State may allow.

(16)In this section “relevant probation committee” means a probation committee for an area of which any part is included in the area to which a scheme under this section relates.

(17)Expressions used in this section and in the M19Education Act 1944 have the same meanings in this section as in that Act.]

Committal to care of local authoritiesE+W

[F10720 Orders for committal to care of local authorities.E+W

(1)Any provision of this Act authorising the making of a care order in respect of any person shall be construed as authorising the making of an order committing him to the care of a local authority; and in this Act “care order” shall be construed accordingly and “interim order” means a care order containing provision for the order to expire with the expiration of twenty-eight days, or of a shorter period specified in the order, beginning—

(a)if the order is made by a court, with the date of the making of the order; and

(b)if it is made by a justice, with the date when the person to whom it relates was first in legal custody in connection with the matter in consequence of which the order is made.

(2)The local authority to whose care a person is committed by a care order shall be—

(a)except in the case of an interim order, the local authority in whose area it appears to the court making the order that that person resides or, if it does not appear to the court that he resides in the area of a local authority, any local authority in whose area it appears to the court that any offence was committed or any circumstances arose in consequence of which the order is made; and

(b)in the case of an interim order, such one of the local authorities mentioned in paragraph (a) of this subsection as the court or justice making the order thinks fit (whether or not the person in question appears to reside in their area).

[F108(2A)in determining the place of residence of any person for the purposes of this section, any period shall be disregarded during which, while in the care of a local authority (whether by virtue of a care order or not), he resided outside the local authority’s area.]

(3)Subject to the provisions of the following section, a care order other than an interim order shall cease to have effect—

(a)if the person to whom it relates had attained the age of sixteen when the order was originally made, when he attains the age of nineteen; and

(b)in any other case, when that person attains the age of eighteen.

(4)A care order shall be sufficient authority for the detention by any local authority or constable of the person to whom the order relates until he is received into the care of the authority to whose care he is committed by the order.]

[F10920A Power of court to add condition as to charge and control of offender in care.E+W

(1)Where a person to whom a care order relates which was made—

(a)by virtue of subsection (3) of section 1 of this Act in a case where the court which made the order was of the opinion that the condition mentioned in subsection (2)(f) of that section was satisfied; or

(b)by virtue of section 7(7) of this Act, [F110or

(c)by virtue of section 15(1) of this Act in a case where—

(i)the supervision order for which the care order was substituted was made under section 7(7) of this Act; and

(ii)the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,]

is convicted or found guilty of an offence punishable with imprisonment in the case of a person over 21, the court which convicts or finds him guilty of that offence may add to the care order a condition under this section that the power conferred by section 21(2) of the M20Child Care Act 1980 (power of local authority to allow a parent, guardian, relative or friend charge and control) shall for such period not exceeding 6 months as the court may specify in the condition—

(a)not be exercisable; or

(b)not be exercisable except to allow the person to whom the order relates to be under the charge and control of a specified parent, guardian, relative or friend.

(2)Where—

(a)the power conferred by subsection (1) above has been exercised; and

(b)before the period specified in the condition has expired the person to whom the care order relates is convicted or found guilty of another offence punishable with imprisonment in the case of a person over 21,

the court may replace the condition with another condition under this section.

(3)A court shall not exercise the powers conferred by this section unless the court is of opinion that it is appropriate to exercise those powers because of the seriousness of the offence and that no other method of dealing with the person to whom the care order relates is appropriate; and for the purpose of determining whether any other method of dealing with him is appropriate the court shall obtain and consider information about the circumstances.

(4)A court shall not exercise the said powers in respect of a person who is not legally represented in that court unless either—

(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(5)Before adding a condition under this section to a care order a court shall explain to the person to whom the care order relates the purpose and effect of the condition.

(6)At any time when a care order includes a condition under this section—

(a)the person to whom the order relates;

(b)his parent or guardian, acting on his behalf; or

(c)the local authority in whose care he is,

may apply to a juvenile court for the revocation or variation of the condition.

(7)The local authority may appeal to the Crown Court against the imposition of a condition under this section by a magistrates’ court or against the terms of such a condition.

(8)For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is convicted or found guilty and before any power conferred by this section is exercised, and in this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to the exercise of the power; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.]

[F11121 Variation and discharge of care orders.E+W

(1)If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order which would cease to have effect by virtue of subsection (3)(b) of the preceding section, that he is accommodated in a community home or a home provided by the Secretary of State and that by reason of his mental condition or behaviour it is in his interest or the public interest for him to continue to be so accommodated after he attains the age of eighteen, the court may order that the care order shall continue in force until he attains the age of nineteen; but the court shall not make an order under this subsection unless the person in question is present before the court.

(2)If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order or on the application of that person, that it is appropriate to discharge the order, the court may discharge it and on discharging it may, unless it was an interim order and unless the person to whom the discharged order related has attained the age of eighteen, make a supervision order in respect of him.

[F112(2A)A juvenile court shall not make an order under subsection (2) of this section in the case of a person who has not attained the age of eighteen and appears to the court to be in need of care or control unless the court is satisfied that, whether through the making of a supervision order or otherwise, he will receive that care or control.]

(3)Where an application under [F113subsection (2) of this section] for the discharge of a care order is dismissed, then—

(a)in the case of an interim order, no further application for its discharge shall be made under that subsection except with the consent of a juvenile court (without prejudice to the power to make an application under subsection (4) of the following section); and

(b)in any other case, no further application for its dishcarge shall be made under this subsection by any person during the period of three months beginning with the date of the dismissal except with the consent of a juvenile court.

(4)The person to whom the relevant care order relates or related may appeal to [F114the Crown court] against an order under subsection (1) of this section or a supervision order made in pursuance of subsection (2) of this section or the dismissal of an application under the said subsection (2) for the discharge of the care order.

[F115(4A)In a case where a parent or guardian is a party to the proceedings on an application under subsection (2) of this section by virtue of an order under section 32A of this Act, the parent or guardian may appeal to the Crown Court against the making of a supervision order or the refusal of the court to discharge the care order.]

(5)The local authority to whose care a person is committed by a care order (other than an interim order) may, within the period of three months beginning with the date of the order, appeal to [F114the Crown Court] against the provision of the order naming their area on the ground that at the time the order was made the person aforesaid resided in the area of another local authority named in the notice of appeal; but no appeal shall be brought by a local authority under this subsection unless they give notice in writing of the proposal to bring it to the other local authority in question before giving notice of appeal.

(6)References in this section to a juvenile court, in relation to a care order, are references to a juvenile court acting for any part of the area of the local authority to whose care a person is committed by the order or for the place where that person resides.]

[F11621A Termination of care order on adoption etc. E+W

(1)A care order relating to a person under the age of 18 shall cease to have effect—

(a)on his adoption;

(b)if any order under an enactment to which this paragraph applies is made in relation to him;

(c)if an order similar to an order under section 25 of the M21Children Act 1975 is made in relation to him in Northern Ireland, the Isle of Man or any of the Channel Islands.

(2)Subsection (1)(b) above applies to the following enactments—

(a)sections 14 and 25 of the Children Act 1975;

(b)sections 18 and 55 of the M22Adoption Act 1976; and

(c)sections 18 and 49 of the M23Adoption (Scotland) Act 1978.

(3)After the commencement of section 55 of the Adoption Act 1976 subsection (1)(c) above shall have effect with the substitution of “55 of the Adoption Act 1976” for “25 of the Children Act 1975”.]

[F11722 Special provisions relating to interim orders.E+W

(1)A juvenile court or a justice shall not make an interim order in respect of any person unless either—

(a)that person is present before the court or justice; or

(b)the court or justice is satisfied that he is under the age of five or cannot be present as aforesaid by reason of illness or accident.

(2)An interim order shall contain provision requiring the local authority to whose care a person is committed by the order to bring that person before a court specified in the order on the expiration of the order or at such earlier time as the specified court may require, so however that the said provision shall, if the court making the order considers it appropriate so to direct by reason of the fact that that person is under the age of five [F118or is legally represented] or by reason of illness or accident, require the local authority to bring him before the specified court on the expiration of the order only if the specified court so requires.

(3)A juvenile court acting for the same area as a juvenile court by which or a justice by whom an interim order has been made in respect of any person may, at any time before the expiration of the order, make a further interim order in respect of him; and the power to make an interim order conferred by this subsection is without prejudice to any other power to make such an order.

(4)The High Court may, on the application of a person to whom an interim order relates [F119, or, in a case where the order was made in proceedings to which a parent or guardian was a party by virtue of an order under section 32A of this Act, of the parent or guardian,], discharge the order on such terms as the court thinks fit; but if on such an application the discharge of the order is refused, the local authority to whose care he is committed by the order shall not exercise in his case their powers under [F120section 21(2) of the M24Child Care Act 1980] (which enables them to allow a parent or other person to be in charge of him) except with the consent and in accordance with any directions of the High Court.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

(6)Subsections (1), (3) and (4) of this section, so much of section 2(11)(a) as requires the clerk to be informed and section 21(2) to (4) s of this Act shall apply to a warrant under subsection (5) of this section as they apply to an interim order but as if the words “is under the age of five or” in subsection (1) of this section were omitted.]

23 Remand to care of local authorities etc.E+W

(1)Where a court—

(a)remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or

(b)remands a young person charged with or convicted of one or more offences or commits him for trial or sentence,

and he is not released on bail, then, subject to the following provisions of this section, the court shall commit him to the care of a local authority in whose area it appears to the court that he resides or that the offence or one of the offences was committed.

(2)If the court aforesaid certifies that a young person is of so unruly a character that he cannot safely be committed to the care of a local authority under the preceding subsection, then if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.

(3)If, on the application of the local authority to whose care a young person is committed by a warrant under subsection (1) of this section, the court by which he was so committed or any magistrates’ court having jurisdiction in the place where he is for the time being certifies as mentioned in subsection (2) of this section, the provisions of the said subsection (2) relating to committal shall apply in relation to him and he shall cease to be committed in pursuance of the said subsection (1).

(4)The preceding provisions of this section shall have effect subject to the provisions of [F122section 37 of the M25Magistrates’ Courts Act 1980] (which relates to committal to [F123the Crown court] with a view to a [F124youth custody sentence]).

(5)In this section “court” and “magistrates’ court” include a justice; and notwithstanding anything in the preceding provisions of this section, [F125section 128(7) of the said Act of 1980] (which provides for remands to the custody of a constable for periods not exceeding three clear days) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128E+W

TransferU.K.

25 Transfers between England or Wales and Northern Ireland. E+W+N.I.

(1)If it appears to the Secretary of State, on the application of the [F129welfare authority][F129Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed by a fit person order or by virtue of a training school order [F130or by an order under subsection (2) below], that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect as if it were a care order and as if sections 20(2) and (3) and 21(1) and (5) of this Act were omitted and in section 31(3)(a) of this Act for the reference to section 20(3) there were substituted a reference to subsection (3) of this section.

(2)If it appears to the [F131the Secretary of State], on the application of the local authority to whose care a person is committed by a care order other than an interim order [F130or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F131the Secretary of State] may make an order committing him to the care of the managers of a training school or to the care of the [F132welfare authority in whose area his parent or guardian resides or will reside][F132Secretary of State] and the provisions of the M26Children and Young Persons Act (Northern Ireland) 1968 (except sections 83(3)(a), 88(3), 90 and 91(3)) shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, a fit person order.

(3)When a person is received into the care of a local authority or [F134welfare authority][F134the Ministry of Home Affairs] or the managers of a training school in pursuance of an order under this section, the training school order, fit person order or care order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a)in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b)in the case of an order under subsection (2), on the date when the care order aforesaid would have ceased to have effect by the effluxion of time or—

(i)if the person to whom the order relates is committed by it to the care of [F135a welfare authority][F135the Ministry of Home Affairs] and will attain the age of eighteen before that date, when he attains that age;

(ii)if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4)An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or [F136welfare authority][F136the Ministry of Home Affairs] or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority [F137Ministry] or managers to whose care he is committed by the order.

(5)In this section “training school”, [F138“training school order” and “welfare authority”][F138and “training school order”] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

26Transfers between England or Wales and the Channel Islands or Isle of Man. U.K.

(1)The Secretary of State may by order designate for the purposes of this section an order of any description which—

(a)a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

(b)provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

(c)appears to the Secretary of State to be of the same nature as a care order other than an interim order;

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order.

(2)The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection, be deemed to be the subject of a care order committing to the care of the local authority.

(3)This Act shall have effect, in relation to a person in respect of whom an authorisation under this section is in force, as if sections 20(2) and (3), 21 and 31. . . F139 were omitted; and it shall be the duty of a local authority who propose, in exercise of their powers under [F140section 21(2) of the M27Child Care Act 1980], to allow such a person to be under the charge and control of a person residing outside England and Wales to consult the relevant authority before exercising those powers.

(4)An authorisation given to a local authority under this section shall cease to have effect when—

(a)the local authority is informed by the Secretary of State that he has revoked it; or

(b)the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

(c)the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

27 F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

DetentionU.K.

[F14228 Detention of child or young person in place of safety.E+W

(1)If, upon an application to a justice by any person for authority to detain a child or young person and take him to a place of safety, the justice is satisfied that the applicant has reasonable cause to believe that—

(a)any of the conditions set out in section 1(2)(a) to (e) of this Act is satisfied in respect of the child or young person; or

(b)an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied in respect of him; or

(c)the child or young person is about to leave the United Kingdom in contravention of section 25 of the Act of 1933 (which regulates the sending abroad of juvenile entertainers),

the justice may grant the application; and the child or young person in respect of whom an authorisation is issued under this subsection may be detained in a place of safety by virtue of the authorisation for twenty-eight days beginning with the date of authorisation, or for such shorter period beginning with that date as may be specified in the authorisation.

(2)Any constable may detain a child or young person as respects whom the constable has reasonable cause to believe that any of the conditions set out in section 1(2)(a) to (d) of this Act is satisfied or that an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied or than an offence is being committed under section 10(1) of the Act of 1933 (which penalises a vagrant who takes a juvenile from place to place).

(3)A person who detains any person in pursuance of the preceding provisions of this section shall, as soon as practicable after doing so, inform him of the reason for his detention and take such steps as are practicable for informing his parent or guardian of his detention and of the reason for it.

(4)A constable who detains any person in pursuance of subsection (2) of this section or who arrests a child without a warrant otherwise than for homicide shall as soon as practicable after doing so secure that the case is enquired into by [F143the custody officer at] a police station, and that officer shall on completing the enquiry either—

(a)release the person in question; or

(b)if the officer considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence, make arrangements for his detention in a place of safety and inform him, and take such steps as are practicable for informing his parent or guardian, of his right to apply to a justice under subsection (5) of this section for his release;

and subject to the said subsection (5) it shall be lawful to detain the person in question in accordance with any such arrangements.

(5)It shall not be lawful for a child arrested without a warrant otherwise than for homicide to be detained in consequence of the arrest or such arrangements as aforesaid, or for any person to be detained by virtue of subsection (2) of this section or any such arrangements, after the expiration of the period of eight days beginning with the day on which he was arrested or, as the case may be, on which his detention in pursuance of the said subsection (2) began; and if during that period the person in question applies to a justice for his release, the justice shall direct that he be released forthwith unless the justice considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence.

(6)If while a person is detained in pursuance of this section an application for an interim order in respect of him is made to a magistrates’ court or a justice, the court or justice shall either make or refuse to make the order and, in the case of a refusal, may direct that he be released forthwith.]

[F14429 Recognisance on release of arrested child or young person. E+W

A child or young person arrested in pursuance of a warrant shall not be released unless. . . F145 his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.]

30 Detention of young offenders in community homes.E+W

(1)The power to give directions under section 53 of the Act of 1933 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

(2)It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146E+W

32 Detention of absentees.U.K.

(1)If any of the following persons, that is to say—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

(d)a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M28Children and Young Persons Act (Northern Ireland) 1968,

is absent from premises at which he is required by. . . F150 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F150 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F150, to the premises or other place aforesaid or such other premises as the authority. . . F150 may direct.

[F151X4(1A)If a child or young person is absent from a place of safety to which he has been taken in pursuance of section 2(5), 16(3) or 28 of this Act without the consent of—

(a)the person who made the arrangements for his detention in the place of safety in pursuance of the said section 2(5) or 16(3), or

(b)the person on whose application an authorisation relating to the child or young person has been issued under the said section 28,

he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant, and shall, if so arrested, be conducted to the place of safety at the expense of the person referred to in paragraph (a) or (b) (as the case may be) of this subsection.]

[F151X4(1A)If a child or young person is absent, without the consent of the responsible person—

(a)from a place of safety to which he has been taken under section 16(3) of this Act; or

(b)from local authority accommodation—

(i)in which he is required to live under section 12AA of this Act; or

(ii)to which he has been remanded under [F152section 23(1)][F152section 16(3A) or 23(1)] of this Act,

he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.

(1B)A person so arrested shall be conducted to—

(a)the place of safety;

(b)the local authority accommodation; or

(c)such other place as the responsible person may direct, at the responsible person’s expense.

(1C)In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F153, 16(3B)] or 23 of this Act.]

(2)If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F154or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F155level 3 on the standard scale].

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F156M29Magistrates’ Courts (Northern Ireland) Order 1981].

[F157(2A)Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

(2B)A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F158person referred to in subsection (1A)(a) or (b) (as the case may be) of this section][F158responsible person].]

(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F159or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F160level 5 on the standard scale] or both.

(4)The reference to a constable in [F161subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F161subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

(5)Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Conflict of interest between parent and child or young personE+W

[F16232A Conflict of interest between parent and child or young person.E+W

(1)If before or in the course of proceedings in respect of a child or young person—

(a)in pursuance of section 1 of this Act, or

(b)on an application under section 15(1) of this Act for the discharge of a relevant supervision order or a supervision order made under section 21(2) of this Act on the discharge of a relevant care order; or

(c)on an application under section 21(2) of this Act for the discharge of a relevant care order or a care order made under section 15(1) of this Act on the discharge of a relevant supervision order; or

(d)on an appeal to the Crown Court under section 2(12) of this Act, or

(e)on an appeal to the Crown Court under section 16(8) of this Act against the dismissal of an application for the discharge of a relevant supervision order or against a care order made under section 15(1) on the discharge of—

(i)a relevant supervision order; or

(ii)a supervision order made under section 21(2) on the discharge of a relevant care order; or

(f)on an appeal to the Crown Court under section 21(4) of this Act against the dismissal of an application for the discharge of a relevant care order or against a supervision order made under section 21(2) on the discharge of—

(i)a relevant care order; or

(ii)a care order made under section 15(1) on the discharge of a relevant supervision order,

it appears to the court that there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child or young person and those of his parent or guardian, the court may order that in relation to the proceedings the parent or guardian is not to be treated as representing the child or young person or as otherwise authorised to act on his behalf.

(2)If an application such as is referred to in subsection (1)(b) or (c) of this section is unopposed, the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall order that in relation to proceedings on the application no parent or guardian of his shall be treated as representing him or as otherwise authorised to act on his behalf; but where the application was made by a parent or guardian on his behalf the order shall not invalidate the application.

(3)Where an order is made under subsection (1) or (2) of this section for the purposes of proceedings on an application within subsection (1)(a), (b) or (c) of this section, that order shall also have effect for the purposes of any appeal to the Crown Court arising out of those proceedings.

(4)The power of the court to make orders for the purposes of an application within subsection (1)(a), (b) or (c) of this section shall also be exercisable, before the hearing of the application, by a single justice.

[F163(4A)Where an order is made under this section in respect of a parent or guardian in relation to any proceedings he shall by virtue of the order be made a party to the proceedings.]

(5)In this section—

• “relevant care order” means a care order made under section 1 of this Act;

• “relevant supervision order” means a supervision order made under section 1 of this Act.]

[F16432B Safeguarding of interests of child or young person where section 32A order made.E+W

(1)Where the court makes an order under section 32A(2) of this Act the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall in accordance with rules of court appoint a guardian ad litem of the child or young person for the purposes of the proceedings.

In this subsection “court” includes a single justice.

(2)Rules of court shall provide for the appointment of a guardian ad litem of the child or young person for the purposes of any proceedings to which an order under section 32A(1) of this Act relates.

(3)A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child or young person in the manner prescribed by rules of court.]

[F16532C Applications by grand-parents to be parties to proceedings.E+W

(1)Where in any such proceedings as are mentioned in section 32A(1) of this Act any grandparent of the child or young person in respect of whom the proceedings are brought makes an application to the court under this section, the court may, in such circumstances as may be specified in rules of court, give leave for the grandparent to be made a party to the proceedings.

(2)Rules of court shall make provision as to the circumstances in which the court may give leave under subsection (1) above.

(3)In this section “the court” includes a single justice.]

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166E+W

Transitional modifications of Part I for persons of specified agesE+W

34 Transitional modifications of Part I for persons of specified ages.E+W

(1)The Secretary of State may by order provide—

(a)that any reference to a child in section 4, [F16713(2) or 28(4) or (5)][F167or 13(2)] of this Act shall be construed as excluding a child who has attained such age as may be specified in the order;

(b)that any reference to a young person in section 5 of this Act (except subsection (8)) shall be construed as including a child, or excluding a young person, who has attained such age as may be so specified;

(c)that any reference to a young person in section 5(8), 7(7), 7(8), 9(1), 23(1) or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

(e)that [F169section 23(2) or (3)][F169section 23(4) to (6)] of this Act shall have effect as if the references to a young person excluded a young person who has not attained such age as may be so specified;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

(2)In the case of a person who has not attained the age of seventeen but has attained such lower age as the Secretary of State may by order specify, no proceedings [F171under section 1 of this Act or] for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section [F1712(3) or] 5(8) of this Act, given notice of the proceedings to a probation officer for the area for which the court acts; [F171and accordingly in the case of such a person the reference in section 1(1) of this Act to the said section 2(3) shall be construed as including a reference to this subsection].

(3)In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or probation and after-care committee acting for any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by a probation officer.

(4)Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

(6)Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.

(7)A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.