Part IIIE+W+S Criminal justice system

Youth justiceE+W

39 Youth offending teams.E+W

(1)Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

(2)Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—

(a)any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and

(b)the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.

(3)It shall be the duty of—

(a)every chief officer of police any part of whose police area lies within the local authority’s area; and

(b)every [F1local probation board][F2, [F3Strategic Health Authority, ][F4Local Health Board] or Primary Care Trust] any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(4)The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—

(a)by making the payments directly; or

(b)by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(5)A youth offending team shall include at least one of each of the following, namely—

(a)[F5an officer of a local probation board];

[F6(aa)where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;]

(b)[F7where the local authority is in Wales, a social worker of the] local authority F8. . . ;

(c)a police officer;

(d)a person nominated by [F9a Primary Care Trust or] a [F4Local Health Board] any part of whose area lies within the local authority’s area;

[F10(da)where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;]

(e)[F11where the local authority is in Wales,] a person nominated by the chief education officer appointed by the local authority under section 532 of the M1Education Act 1996.

(6)A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

(7)It shall be the duty of the youth offending team or teams established by a particular local authority—

(a)to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and

(b)to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

Textual Amendments

F6S. 39(5)(aa) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(a); S.I. 2007/1792, art. 2

F7Words in s. 39(5)(b) substituted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(b); S.I. 2007/1792, art. 2

F8Words in s. 39(5)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F10S. 39(5)(da) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(c); S.I. 2007/1792, art. 2

F11Words in s. 39(5)(e) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(d); S.I. 2007/1792, art. 2

Modifications etc. (not altering text)

Commencement Information

I1S. 39 wholly in force at 1.4.2000; S. 39 not in force at Royal Assent see s. 121; S. 39 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 39 in force at 1.4.2000 insofar as not already in force by S.I. 2000/924, art. 2

Marginal Citations