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

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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

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

F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

• F7. . .

and F7. . .; 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(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.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

9 Investigations by local authorities.E+W

(1)Where a local authority or a local education authority bring F17. . . 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

F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

SupervisionE+W

F2011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2111A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2312A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2412AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2512B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2612C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2712D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3014A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3316A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3416B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Committal to care of local authoritiesE+W

F3820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3920A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4121A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F4323Remands and committals to local authority accommodation.E+W

(1)Where—

(a)a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and

(b)he is not released on bail,

the remand or committal shall be to local authority accommodation; and in the following provisions of this section [F44(except subsection (1A))] , any reference (however expressed) to a remand shall be construed as including a reference to a committal.

[F45(1A)Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation.]

(2)A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be—

(a)in the case of a person who is being looked after by a local authority, that authority; and

(b)in any other case, the local authority in whose area it appears to the court that he resides or the offence or one of the offences was committed.

(3)Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him.

(4)[F46Subject to subsections (5) [F47, (5ZA)] and (5A) below,]] a court remanding a person to local authority accommodation may, after consultation with the designated authority, require that authority to comply with a security requirement, that is to say, a requirement that the person in question be placed and kept in secure accommodation.

(5)A court shall not impose a security requirement [F48in relation to a person remanded in accordance with subsection (1) above] except in respect of [F49a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description], and then only if—

(a)he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

[F50(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—

(i)amount, or

(ii)would, if he were convicted of the offences with which he is charged, amount,

to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation,

[F51((5ZA))A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—

(a)he has attained the age of twelve and is of a prescribed description;

(b)one or both of the conditions set out in subsection (5ZB) below is satisfied; and

(c)the condition set out in subsection (5AA) below is satisfied.

((5ZB))The conditions mentioned in subsection (5ZA)(b) above are—

(a)that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;

(b)that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.

((5ZC))For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—

(a)he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or

(b)he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave.]

[F52(5AA)The condition mentioned in [F53subsections (5) and (5ZA)] above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to local authority accommodation with a security requirement would be adequate—

(a)to protect the public from serious harm from him; or

(b)to prevent the commission by him of imprisonable offences.]

[F54(5A)A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—

[F55(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct [F56or because it appeared that his financial resources were such that he was not eligible to be granted such a right] ; ]

[F57(aa)he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or]

(b)having been informed of his right to apply for [F58such representation] and had the opportunity to do so, he refused or failed to apply.]

(6)Where a court imposes a security requirement in respect of a person, it shall be its duty—

(a)to state in open court that it is of such opinion as is mentioned in subsection [F59(5AA)] above; and

(b)to explain to him in open court and in ordinary language why it is of that opinion;

and a magistrates’ court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register.

(7)[F60Subject to section 23AA below,]A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, require that person to comply with

[F61(a)any such conditions as could be imposed under section 3(6) of the Bail Act 1976 (c. 63) if he were then being granted bail; and

(b)any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection.]

[F62(7A)Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him—

(a)the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and

(b)his detention there pursuant to the arrangements shall be lawful.

(7B)Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State.]

(8)Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates’ court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register.

(9)A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements—

(a)for securing compliance with any conditions imposed on that person under subsection (7) above; or

(b)stipulating that he shall not be placed with a named person.

(10)Where a person is remanded to local authority accommodation, a relevant court—

(a)may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and

(b)where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed.

(11)Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above.

(12)In this section—

• [F63“children’s home” has the same meaning as in the Care Standards Act 2000;]

• “court” and “magistrates” court’ include a justice;

• [F64“extradition proceedings” means proceedings under the Extradition Act 2003;]

• “imprisonable offence” means an offence punishable in the case of an adult with imprisonment;

• [F65“prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;]

• [F66“relevant court”—

  (a)

  in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;

  (b)

  in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded.]

• [F64“requesting territory” means the territory to which a person’s extradition is sought in extradition proceedings;]

• “secure accommodation” means accommodation which is provided in a [F67children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000] for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State;

• [F68“sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

• “violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003;]

• “young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.

[F69but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M1Criminal Justice Act 1991 [F70or the National Assembly for Wales].]

(13)In this section—

(a)any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989;

(b)any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and

(c)any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

(14)This section has effect subject to—

F71(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days),

but section 128(7) 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.

[F7223A Liability to arrest for breaking conditions of remand.E+W

(1)A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.

(2)A person arrested under subsection (1) above—

(a)shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace F73...; and

(b)in the said excepted case shall be brought before the court before which he was to have appeared.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3)A justice of the peace before whom a person is brought under subsection (2) above—

(a)if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;

(b)if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.]

[F7423BReport by local authority in certain cases where person remanded on bailE+W

(1)Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either—

(a)the person is charged with or has been convicted of a serious offence, or

(b)in the opinion of the court the person is a persistent offender.

(2)The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation.

(3)An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under section 23(2) of this Act if the person had been remanded to local authority accommodation.

(4)An order under subsection (2) above must specify the period within which the local authority must comply with the order.

(5)The maximum period that may be so specified is seven working days.

(6)If the Secretary of State by order so provides, subsection (2) above also applies where—

(a)a court remands on bail any person who has attained the age of 12 and is under the age of 17,

(b)the requirement in section 23AA(3) of this Act is fulfilled, and

(c)in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living.

(7)In this section—

• “serious offence” means an offence punishable in the case of an adult with imprisonment for a term of two years or more.

• “working day” means any day other than—

  (a)

  a Saturday or a Sunday,

  (b)

  Christmas day or Good Friday, or

  (c)

  a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

[F7523AA Electronic monitoring of conditions of remandE+W

(1)A court shall not impose a condition on a person under section 23(7)(b) above (an “electronic monitoring condition”) unless each of the following requirements is fulfilled.

(2)The first requirement is that the person has attained the age of twelve years.

(3)The second requirement is that—

(a)the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—

(i)amount, or

(ii)would, if he were convicted of the offences with which he is charged, amount,

to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.

(4)The third requirement is that the court—

F76(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is satisfied that the necessary provision can be made under [F77arrangements currently available in each local justice area which is a relevant area] .

(5)The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person’s case.

(6)Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(7)The Secretary of State may make rules for regulating—

(a)the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and

(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.

(8)[F78Subsections (4) to (7) of section 3AC] of the Bail Act 1976 (c. 63) (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.

(9)For the purposes of this section a [F79local justice area] is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80E+W

TransferU.K.

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

(1)If it appears to the Secretary of State, on the application of the welfare authority or the managers of the training school to whose care a person is committed [F81by a relevant order], 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 [F82F83. . .as if it were a supervision order imposing a [F84local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000].]

[F85(1A)In subsection (1) above “by a relevant order” means—

(a)by a fit person order;

(b)by virtue of a training school order; or

(c)by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]

(2)If it appears to the [F86the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F87to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provisions) applies] other than an interim order [F87or who is to accommodate a person pursuant to a supervision order imposing a [F84local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]][F88or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F86the 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 welfare authority in whose area his parent or guardian resides or will reside and the provisions of the M2Children and Young Persons Act (Northern Ireland) 1968 (except sections [F8988(3) and 90] 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, [F89the supervision order].

(3)When a person is received into the care of a local authority or welfare authority or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F90, care order or supervision 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 [F91or supervision order] aforesaid would have ceased to have effect by the effluxion of time or—

F92(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 welfare authority 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 or managers to whose care he is committed by the order.

(5)In this section “training school”, “training school order” and “welfare authority” 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.

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

(1)If it appears to the Secretary of State, on the application of the [F144Ministry 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 [F145by a relevant order], 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 [F146F147. . . as if it were a supervision order imposing a [F148local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]]

[F149(1A)In subsection (1) above “by a relevant order” means—

(a)by a fit person order;

(b)by virtue of a training school order; or

(c)by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]

(2)If it appears to the [F150the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F151to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provions) applies] other than an interim order [F151or who is to accomodate a person pursuant to a supervision order imposing a [F148local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]] [F152or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F150the Secretary of State] may make an order committing him to the care of the managers of a training school F153. . . and the provisions of the M5Children and Young Persons Act (Northern Ireland) 1968 (except sections [F154 88(3) and 90] 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, [F155the supervision order].

(3)When a person is received into the care of a local authority F157. . . or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F158, care order or supervision 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 [F159or supervision order] or aforesaid would have ceased to have effect by the effluxion of time or—

F160(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F161. . . 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 F161. . . or managers to whose care he is committed by the order.

(5)In this section ”training school” [F162and “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 [F93 or as a supervision order imposing a [F94local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]];

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 [F95and ”care order” means an order made under section 31 of the Children Act 1989.].

(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 [F96 be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a supervision order imposing a [F94local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act] with a requirement that the child be accommodated by a designated local authority].

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97E+W

DetentionU.K.

F9828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F9929 Recognisance on release of arrested child or young person. E+W

[F100(1)]]A child or young person arrested in pursuance of a warrant shall not be released unless. . . F101 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.

[F102(2)In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.]

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

(1)The power to give directions under [F103section 92 of the Powers of Criminal Courts (Sentencing) Act 2000] (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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104E+W

32 Detention of absentees.E+W

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

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

(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 M3Children and Young Persons Act (Northern Ireland) 1968 [F108(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],

is absent from premises at which he is required by. . . F109 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. . . F109 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. . . F109, to the premises or other place aforesaid or such other premises as the authority. . . F109 may direct.

[F110(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 [F111paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b)from local authority accommodation—

(i)in which he is required to live under [F112paragraph 5 of Schedule 6 to that Act]; or

(ii)to which he has been remanded under [F113 paragraph 7(5) of Schedule 7 to that Act][F114; or

(iii)to which he has been remanded or committed under section 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 [F115paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000] or, as the case may be, the authority designated under][F116paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section][F11723 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) [F118or (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 [F119level 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 [F120M4Magistrates’ Courts (Northern Ireland) Order 1981].

[F121(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 [F122(1A)(a) or (b)(i) or (ii)] 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 [F123responsible 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) [F124or (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 [F125level 5 on the standard scale] or both.

(4)The reference to a constable in [F126subsections (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 [F126subsection (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.

32 Detention of absentees.S+N.I.

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

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

(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 M6Children and Young Persons Act (Northern Ireland) 1968 [F166(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],

is absent from premises at which he is required by. . . F167 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. . . F167 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. . . F167, to the premises or other place aforesaid or such other premises as the authority. . . F167 may direct.

[F168(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 [F169paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b)from local authority accommodation—

(i)in which he is required to live under [F170paragraph 5 of Schedule 6 to that Act]; or

(ii)to which he has been remanded under [F171paragraph 7(5) of Schedule 7 to that 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 [F172paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000] or, as the case may be, the authority designated under [F173paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section] 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) [F174or (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 [F175level 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 [F176M7Magistrates’ Courts (Northern Ireland) Order 1981].

[F177(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 [F178responsible 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) [F179or (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 [F180level 5 on the standard scale] or both.

(4)The reference to a constable in [F181subsections (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 [F181subsection (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

F12732A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F12832B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F12932C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130E+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—

F131(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c)that any reference to a young person in section 5(8), F132. . . 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(e)that [F134section 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(2)In the case of a person who has not attained [F136the age of eighteen] but has attained such lower age as the Secretary of State may by order specify, no proceedings F137. . . 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 F137. . . 5(8) of this Act, given notice of the proceedings to [F138an officer of a local probation board] [F139, or an officer of a provider of probation services, acting in the area] for which the court acts; F137. . ..

(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 [F140local probation board] acting for [F141, or a provider of probation services operating in,] any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by [F138an officer of a local probation board] [F142or an officer of a provider of probation services].

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(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.