Part I Care and other treatment of juveniles through court proceedings
Detention
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229 Recognisance on release of arrested child or young person. C1
F31
A child or young person arrested in pursuance of a warrant shall not be released unless. . . F4 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.
F52
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.
1
The power to give directions under F6section 92 of the Powers of Criminal Courts (Sentencing) Act 2000F50or section 260 of the Sentencing Code (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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
E132 Detention of absentees.
1
If any of the following persons, that is to say—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
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 M1Children and Young Persons Act (Northern Ireland) 1968 F11(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. . . F12 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. . . F12 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. . . F12, to the premises or other place aforesaid or such other premises as the authority. . . F12 may direct.
F131A
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 F51paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or
F41aa
from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or
F32b
from local authority accommodation—
i
in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within F52the meaning given by section 173 of the Sentencing Code); or
ii
to which he has been remanded under F53paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or
F42iia
to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or
F46iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47c
from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
1B
A person so arrested shall be conducted to—
a
the place of safety;
b
the local authority accommodation;
F48ba
the place mentioned in subsection (1A)(c); or
c
such other place as the responsible person may direct, at the responsible person’s expense.
F331C
In this section “the responsible person” means, as the case may be—
a
the person who made the arrangements under F54paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;
F43aa
the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;
b
the authority specified under F56paragraph 24(3)(b) of Schedule 6 to the Sentencing Code;
c
the authority designated under F55paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;
F44ca
the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;
F49d
where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
e
where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.
F341D
If a child or young person—
a
is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and
b
is absent, without the consent of the responsible officer (within F57the meaning given by section 191 of the Sentencing Code), from the place in which he is required to reside,
he may be arrested by a constable anywhere in the United Kingdom without a warrant.
1E
A person so arrested shall be conducted to—
a
the place where he is required to reside, or
b
such other place as the local authority specified under F58paragraph 26(2)(b) of Schedule 6 to the Sentencing Code may direct,
at that local authority's expense.
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) F35, (1A) or (1D) 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 F14level 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 M2F15Magistrates’ Courts (Northern Ireland) Order 1981.
F162A
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 F36mentioned in subsection (1), F45(1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) 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) F37or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the F17responsible personF38or the responsible officer, as the case may be.
C23
A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) F39, (1A) or (1D) 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 F18level 5 on the standard scale or both.
4
The reference to a constable in F19subsections (1),(1A) F40, (1D) 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 F19subsection (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.
E232 Detention of absentees.
1
If any of the following persons, that is to say—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
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 F23(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. . . F24 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. . . F24 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. . . F24, to the premises or other place aforesaid or such other premises as the authority. . . F24 may direct.
F251A
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 F51paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or
F41aa
from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or
F32b
from local authority accommodation—
i
in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within F52the meaning given by section 173 of the Sentencing Code); or
ii
to which he has been remanded under F53paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or
F42iia
to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or
F46iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47c
from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
1B
A person so arrested shall be conducted to—
a
the place of safety;
b
the local authority accommodation;
F48ba
the place mentioned in subsection (1A)(c); or
c
such other place as the responsible person may direct, at the responsible person’s expense.
F331C
In this section “the responsible person” means, as the case may be—
a
the person who made the arrangements under F54paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;
F43aa
the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;
b
the authority specified under F56paragraph 24(3)(b) of Schedule 6 to the Sentencing Code;
c
the authority designated under F55paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;
F44ca
the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;
F49d
where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
e
where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.
F341D
If a child or young person—
a
is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and
b
is absent, without the consent of the responsible officer (within F57the meaning given by section 191 of the Sentencing Code), from the place in which he is required to reside,
he may be arrested by a constable anywhere in the United Kingdom without a warrant.
1E
A person so arrested shall be conducted to—
a
the place where he is required to reside, or
b
such other place as the local authority specified under F58paragraph 26(2)(b) of Schedule 6 to the Sentencing Code may direct,
at that local authority's expense.
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) F35, (1A) or (1D) 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 F26level 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 M4F27Magistrates’ Courts (Northern Ireland) Order 1981.
F282A
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 F36mentioned in subsection (1), F45(1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) 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) F37or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the F29responsible personF38or the responsible officer, as the case may be.
C33
A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) F39, (1A) or (1D) 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 F30level 5 on the standard scale or both.
4
The reference to a constable in F31subsections (1),(1A) F40, (1D) 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 F31subsection (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.