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The Criminal Justice (Children) (Northern Ireland) Order 1998


This is the original version (as it was originally made).

Parent or guardian to pay fine, etc., instead of child

35.—(1) Where a child is found guilty of any offence for the commission of which a fine may be imposed or costs, damages or payment of compensation may be awarded, if the court is of the opinion that the case would be best met by the imposition of a fine or by an award of costs, damages or compensation, whether with or without any other punishment, the court—

(a)shall if the child is under the age of 16, and

(b)may in any other case,

order that the fine, costs, damages or compensation be paid by the parent or guardian of the child instead of by the child, unless the court is satisfied that there is good reason for not so doing.

(2) Any sums ordered under this Article to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child was charged.

(3) A parent or guardian may appeal against an order under this Article or Article 36—

(a)if made by a magistrates' court, to the county court; and

(b)if made by the Crown Court, to the Court of Appeal in accordance with section 9 of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980.

(4) In this Article “compensation” means any compensation for loss under Article 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994.

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