Children and Young Persons Act (Northern Ireland) 1968

SCHEDULES

Sections 3, 31, 32, 33, 34, 60, 61, 62, 93, 96, 99 and 174.

SCHEDULE 1 F1 N.I. OFFENCES AGAINST CHILDREN AND YOUNG PERSONS WITH RESPECT TO WHICH SPECIAL PROVISIONS OF THIS ACT APPLY

F1 1978 NI 17

The murder or manslaughter of a child or young person.

Infanticide.

[F2 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, in respect of a child or young person.]

F2 2004 c.28

[F3 An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person.]

F3 Sch. 1: entry substituted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 57 (with savings in s. 180); S.I. 2010/145, art. 2(2), Sch. paras. 18(a), 25(a)

[F4 An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.]

F4 Words in Sch. 1 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 8; S.I. 2024/31, reg. 2

Any offence under section 27,F5 . . . of the Offences against the Person Act 1861 M1 , and any offence against a child or young person under section [F6 42 or 43] of that Act.

F5 Sch. 1: words in the entry relating to the Offences Against the Person Act 1861 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(a)(i), Sch. 3; S.R. 2008/510, art. 2

F6 Sch. 1: words in the entry for the Offences Against the Person Act 1861 substituted (2.2.2009) by virtue of Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 12(4)(a)(ii); S.R. 2008/510, art. 2

Marginal Citations

M1 1861 c. 100

Any offence under the Criminal Law Amendment Act, 1885 M2 .

Marginal Citations

M2 1885 c. 69

F7 . . .

F7 Sch. 1: entry relating to the Punishment of Incest Act 1908 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(b), Sch. 3; S.R. 2008/510, art. 2

F8 . . .

F8 Sch. 1: entry relating to the Mental Health (Northern Ireland) Order 1986 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(d), Sch. 3; S.R. 2008/510, art. 2

Any offence under sections 20, F9 . . . , 23, 24,[F10 and 29].

F9 Sch. 1: words in the entry relating to the Children and Young Persons Act (Northern Ireland) 1968 itself repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(c), Sch. 3; S.R. 2008/510, art. 2

F10 1995 NI 2

Any other offence involving mental or bodily injury to a child or young person.

Any attempt to commit against a child or young person an offence underF11 . . . the Criminal Law Amendment Act 1885, F12 . . . .

F11 2003 NI 13

F12 Sch. 1: words in the entry relating to attempts to commit an offence against a child or young person repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(e), Sch. 3; S.R. 2008/510, art. 2

F13 . . .

F13 Sch. 1: entry relating to the Criminal Justice (Northern Ireland) Order 1980 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(f), Sch. 3; S.R. 2008/510, art. 2

[F14 Any offence under the Child Abduction (Northern Ireland) Order 1985.]

F14 1985 NI 17

[F10 Any offence under Article 147(2) of the Children Order in respect of a contravention of Article 141 of that Order.]

F15 . . .

F15 Sch. 1: entry relating to the Criminal Justice (Northern Ireland) Order 2003 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 12(4)(g), Sch. 3; S.R. 2008/510, art. 2

F16 ...

F16 Sch. 1: entry relating to Sexual Offences Act 2003 repealed (14.1.2015) by by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

[F17 Any offence against a child or young person under the Sexual Offences (Northern Ireland) Order 2008 or any attempt to commit such an offence]

F17 Sch. 1: entry inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 12(4)(i); S.R. 2008/510, art. 2

[F18 An offence against a child or young person under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 or any attempt to commit such an offence. ]

F18 Words in Sch. 1 added (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 1

Sections 63 and 178.

SCHEDULE 2 F19 N.I. CONSTITUTION OF JUVENILE COURTS

F19 1964 c. 21 (NI)

N.I. Juvenile court panels

Para. 1 rep. by 2002 c. 26

Para. 2 rep. by 2002 c. 26

Para. 2A rep. by 2002 c. 26

N.I. Composition of juvenile court

3 (1) Subject to the provisions of paragraph 4, a juvenile court shall be constituted of a resident magistrate, who shall be chairman, and two[F20 lay magistrates F21 ...], of whom one at least shall be a woman. N.I.

Sub-para. (2) rep. by 2002 c. 26

F20 2002 c. 26

F21 Words in Sch. 2 para. 3(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 62(2)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

N.I. Proceedings

4 N.I. A juvenile court at which the chairman is present shall have power to act notwithstanding that any other member fails to attend and remain present during the sitting of the court and all acts done by the court shall notwithstanding any such failure be as valid as if that member had so attended and remained.

5 (1) The decision of a juvenile court upon any matter before it shall be by a majority of the members and shall be pronounced by the chairman, or other member at the request of the chairman, and no other member of the court shall make any separate pronouncement thereon; but where the chairman and one other member only attend and remain present during the sitting of the court the decision of the court shall in the event of disagreement between the chairman and that other member be the decision of the chairman and shall be pronounced by the chairman. N.I.

(2) Where during or after the hearing and before the determination of any matter before a juvenile court it appears to the chairman that there is, or is likely to be, any difference of opinion between the members, he shall cause the deliberations of the court upon that matter to be conducted in private, and may if he thinks fit adjourn the case for that purpose.

N.I. Expenses

Para. 6 rep. by 2002 c. 26

N.I. Other provisions

F22 7 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 Sch. 2 para. 7 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 62(2)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

8 N.I. Regulations made by the [F23 Lord Chancellor[F24 after consultation with the Lord Chief Justice]] shall—

Sub-para. (a) rep. by 2002 c. 26

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) provide for anything which is necessary or expedient for giving due effect to the provisions of this Act;

F26 [(d) be subject to [F27 negative resolution].]

F23 1978 c. 23

F24 Words in Sch. 2 para. 8 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 18(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a)

F25 Sch. 2 para. 8(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 62(2)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F26 1978 c. 23

F27 Words in Sch. 2 para. 8(d) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 109(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

N.I.

Schedules 3‐6 rep. by 1998 NI 9

N.I.

Schedule 7—Amendments

N.I.

Schedule 8—Repeals