Justice (Northern Ireland) Act 2002

Section 63

SCHEDULE 11Extension of youth justice system to 17 year olds

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

1In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates' court to be paid by person under 17 not to exceed amount of fine imposed on him), for “seventeen” substitute “eighteen”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for “seventeen” substitute “eighteen”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

3In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—

(a)in sub-paragraph (a), for “seventeen” substitute “eighteen”, and

(b)in the heading of Table A, for “17” substitute “18”.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

4In Article 45(4) of the Magistrates' Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “eighteen”.

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

5In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for “17” substitute “18”.

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

6In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for “17” substitute “18”.

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

7The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for “17” (in both places) substitute “18”.

9In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “18”.

10In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for “17” substitute “18”.

11In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for “17” substitute “18”.

12In Article 21(3) (court not to dispense with need for pre-sentence report before passing custodial sentence on person under 17 unless it relies on previous report), for “17” substitute “18”.

13In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for “17” substitute “18”.

14In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “18”.

15In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “18”.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

16The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “18”.

18In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “18”.

19In Article 45 (punishment of certain grave crimes)—

(a)in paragraph (1), for “under the age of 18” substitute “a child”,

(b)in paragraphs (4) and (5), for “person” substitute “child”, and

(c)in paragraph (6), for “person will, in the opinion of the Secretary of State, attain the age of 18” substitute “child will, in the opinion of the Secretary of State, become an adult”.

20In Article 53 (parental responsibility for children in juvenile justice centres), for “person detained by the managers of a juvenile justice centre is under the age of 18” substitute “child is being detained by the managers of a juvenile justice centre”.

21In Article 54 (escapes from juvenile justice centres)—

(a)in paragraph (1), for “under the age of 18” substitute “still a child”,

(b)omit paragraph (3)(b), and

(c)in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “paragraph (3)(c)”.

Terrorism Act 2000 (c. 11)

22The Terrorism Act 2000 has effect subject to the following amendments.

23In section 70(5) (young persons charged with scheduled offence and held in custody), for “seventeen” substitute “eighteen”.

24In section 78(3) (punishment of children on conviction on indictment of scheduled offence), for “17” substitute “18”.