General Provisions as to Preliminary ProceedingsE+W
31 Separation of children and young persons from adults in police stations, courts, &c.E+W
Arrangements shall be made for preventing a child or young person while detained in a police station, or while being conveyed to or from any criminal court, or while awaiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that a girl (being a child or young person) shall while so detained, being conveyed, or waiting, be under the care of a woman.
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W
Textual Amendments
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W
Textual Amendments
F2Ss. 33, 52 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
[F334 Attendance at court of parent of child or young person charged with an offence, &c.E+W
F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2)Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.
(3)If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—
(a)that the child or young person has been arrested;
(b)why he has been arrested; and
(c)where he is being detained.
(4)Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.
(5)For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—
(a)his parent or guardian; or
(b)any other person who has for the time being assumed responsibility for his welfare.
(6)If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.
(7)If it appears that at the time of his arrest a supervision order, as defined in section 11 of the M1Children and Young Persons Act 1969 [F6or Part IV of the Children Act 1989], is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.
[F7(7A)If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.]
(8)The reference to a parent or guardian in subsection (5) above is —
F8. . . in the case of a child or young person in the care of a local authority, a reference to that authority; F9. . .
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.
(10)The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.
(11)In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984]]
Textual Amendments
F3S. 34 substituted by Children and Young Persons Act 1963 (c. 37), s. 25(1)
F4S. 34(1) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 56, 101(1)(2), Sch. 12 para. 14, Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
F5S. 34(2)–(11) substituted for s. 34(2) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 57
F6Words in s. 34(7) inserted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 6(2) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F7S. 34(7A) inserted (14. 10. 1991) by Children Act 1989 (c. 41 , SIF 20), s. 108(5)(6), Sch. 13 para. 6(3) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F8Word "(a)" in s. 34(8) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2)
F9Words from "and (b)" to the end in s. 34(8) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 34(2)-(7)(8)(9) applied (with modifications)(2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I paras. 1, 3(3); s. 34(2)-(7)(8)(9) applied by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5
C2S. 34 applied (2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I para. 3(4); s. 34 applied by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3(4) as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(d)
Marginal Citations
[34AF10Attendance at court of parent or guardian.E+W
(1)Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—
(a)may in any case; and
(b)shall in the case of a child or a young person who is under the age of sixteen years,
require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.
(2)In relation to a child or young person for whom a local authority have parental responsibility and who—
(a)is in their care; or
(b)is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.]
Textual Amendments
F10S. 34A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss.56, 101(2), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2