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The Police and Criminal Evidence (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Additional rights of children and young persons

58.  The following subsections shall be substituted for subsection (2) of section 52 of the Children and Young Persons Act (Northern Ireland) 1968(1)—

(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), 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), 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 or a probation order is in force in respect of him, the person responsible for his supervision or his probation officer shall also be informed as described in subsection (3) as soon as it is reasonably practicable to do so.

(8) The reference to a parent or guardian in subsection (5) is—

(a)in the case of a child or young person in the care of the Department of Health and Social Services, a reference to that Department; and

(b)in the case of a child or young person in the care of a Health and Social Services Board, that Board.

(9) The rights conferred on a child or young person by subsections (2) to (8) are in addition to his rights under Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

(10) The reference in subsection (2) 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) “arrest” includes such detention.

(11) In subsection (10) “the terrorism provisions” has the meaning assigned to it by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989..

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