PART 4 continued
(1) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless—
(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and
(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.
(2) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless—
(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and
(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.
(3) A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report.
(4) If the recommendation is made under Article 33A(5)(a), the report—
(a) where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and
(b) where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers.
(5) If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan.
(6) If the recommendation is made under Article 33A(5)(c), the report—
(a) must not specify what sort of custodial sentence the court should impose or for what period; but
(b) must include details of the youth conference plan.
(7) If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so.
(8) A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.”
After Article 36I of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 55 of this Act) insert—
(1) Where a recommendation is made to a court under Article 33A(5)(b) or (c), the court may make a youth conference order in relation to the offender to whom the recommendation relates.
(2) A youth conference order is an order requiring the offender—
(a) to comply with the requirements specified in the youth conference plan; or
(b) to comply with those requirements as varied by the order;
and the order must specify as the date when the offender must begin so to comply either the date specified in the youth conference plan under Article 3C(6) or such other date as the court may, with the consent of the youth conference co-ordinator, determine.
(3) A court must not make a youth conference order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant it.
(4) In forming any such opinion the court must take into account all information about the circumstances of the offence, or of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) which is available to it.
(5) The court must not make a youth conference order unless the offender consents.
(6) The court must not make a youth conference order under paragraph (2)(b) unless it has consulted the youth conference co-ordinator.
(7) If the court does not make a youth conference order under paragraph (2)(a) in a case where it has power to do so, it must give its reasons in open court.
(8) Where the court makes a youth conference order, it may not exercise any other power it has to deal with the offender for the offence.
(9) But if the recommendation to the court was made under Article 33A(5)(c) the court may, if the offender consents, also impose any custodial sentence which the court has power to impose for the offence.
(1) Before making a youth conference order, the court must state in open court that it is of the opinion that Article 36J(3) applies and why it is of that opinion.
(2) Before making a youth conference order, the court must explain to the offender in ordinary language—
(a) why it is making the order;
(b) the effect of the order and of the requirements proposed to be included in it;
(c) the consequences which may follow under Schedule 1A if he fails to comply with those requirements; and
(d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.
(3) In this Order “responsible officer”, in relation to an offender subject to a youth conference order, means the youth conference co-ordinator, or other person designated by the Secretary of State, who is specified in the order.
(4) If the court is a magistrates' court, it must cause any reasons given under Article 36J(7) or paragraph (1) or (2)(a) to be entered in the Order Book.
(5) A youth conference order must name the petty sessions district in which it appears to—
(a) the court making the order; or
(b) the court amending under Schedule 1A any provision included in the order,
that the offender resides or will reside.
(6) The court by which a youth conference order is made must immediately give copies of the order to—
(a) the offender subject to the order;
(b) his parent or guardian; and
(c) the responsible officer.
(7) Except where the court is itself a magistrates' court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—
(a) a copy of the order; and
(b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.
(8) Schedule 1A (which makes provision for dealing with failures to comply with youth conference orders and for their revocation and amendment) shall have effect.
(1) The responsible officer must monitor compliance by the offender with the youth conference order.
(2) The Secretary of State may make rules regulating the monitoring by the responsible officer of an offender subject to a youth conference order.
(3) Rules under paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.
(4) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions as the responsible officer.”
(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments.
(2) After Article 28 insert—
(1) Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates' court.
(2) An application under paragraph (1) shall be made—
(a) by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates' court; or
(b) if an application under sub-paragraph (a) is refused, in person to a magistrates' court.
(3) If, on an application made under paragraph (1), it appears to the court that—
(a) the means of the child are insufficient to enable him to obtain legal aid; and
(b) it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,
the court may grant in respect of him a criminal aid certificate.
(4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—
(a) a solicitor; and
(b) subject to paragraph (5), counsel,
assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.
(5) Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—
(a) the offence with respect to which the diversionary youth conference is convened is an indictable offence; and
(b) the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.”
(3) After Article 35 insert—
(1) In this Part references to—
(a) the preparation and conduct of a person’s defence before a court or at a trial;
(b) the preparation and conduct of an appeal; and
(c) resisting an appeal,
include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).
(2) In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).”
After Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.
(1) Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.
(2) The Secretary of State may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.
In Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert—
“(3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if—
(a) he will not become an adult during the period of the order;
(b) he has not had a custodial sentence imposed on him within the last two years; and
(c) the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.”
In Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of children convicted of certain grave crimes), after paragraph (2) insert—
“(2A) Before giving a direction under paragraph (1) or (2) in relation to a child who has not attained the age of 14, the Secretary of State must consult the appropriate authority.”