Modifications etc. (not altering text)
C1Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)
It shall be conclusively presumed that no child under the age of [F1ten] years can be guilty of any offence.
Textual Amendments
F1Word substituted by Children and Young Persons Act 1963 (c. 37), s. 16(1)
Textual Amendments
F2Ss. 1(4), 51 repealed by Criminal Law Act 1967 (c. 58), s. 12, Sch. 3 Pt. III
Textual Amendments
F3Ss. 33, 52 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
Textual Amendments
F4S. 53 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F5Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6
Textual Amendments
F6S. 55 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to an amendment (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 2; S.I. 2000/2849, art. 2(f)(h)
Textual Amendments
F7S. 56 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F8Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6
The Secretary of State may by order direct that—
(a)a person who is under the age of eighteen years and is undergoing detention in a Borstal institution; or
[F9(aa)a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or]
(b)a child or young person [F10sentenced to be detained under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 with respect to whom he is authorised to give directions under section 92 of that Act]; or
(c)a young person who has been ordered to be imprisoned and has been pardoned by His Majesty on condition of his agreeing to undergo training in a school,
shall be transferred or sent to and detained in an approved school specified in the order; and any such order shall be an authority [F11for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine] until such date as may be specified in the order:
Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Secretary of State attain the age of nineteen years nor later—
(a)in the case of a person who was F12... sentenced to detention under the said [F13section 250 or] [F14section 91], than the date on which his detention would have expired;
(b)in the case of a young person who has been sentenced to imprisonment and pardoned as aforesaid, than three years from the date as from which his sentence began to run;
[F15(c)in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein.]
Textual Amendments
F9S. 58(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 3(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F10Words in s. 58(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 3(2)
F11Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 13
F12Words in s. 58 proviso (a) repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F13Words in s. 58 proviso (a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 3(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F14Words in s. 58 proviso (a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 3(3)
F15S. 58 proviso (c) added by Criminal Justice Act 1948 (c. 58), Sch. 9
Modifications etc. (not altering text)
C2S. 58 extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)
(1)The words “conviction” and “sentence” shall cease to be used in relation to [F16children and] young persons dealt with summarily and any reference in any enactment [F17whether passed before or after the commencement of this Act] to a person convicted, a conviction or a sentence shall, in the case of a [F16child or] young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F16Words repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6
F17Words inserted by Criminal Justice Act 1948 (c. 58), Sch. 9
F18S. 59(1) proviso repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F19S. 59(2) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.
Textual Amendments
F20S. 60 and Sch. 3 repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6
Textual Amendments
F21Ss. 14(3), 22, 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
Textual Amendments
F22Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6