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

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This is the original version (as it was originally made).

Escapes from juvenile justice centres

54.—(1) Any child who has been ordered to be sent to a juvenile justice centre and—

(a)escapes from a centre in which he is detained, or from any hospital or institution in which he is receiving medical treatment; or

(b)being absent from a centre on temporary leave of absence or under supervision, runs away from the person in whose charge he is, or fails to return to a centre upon the expiration of his leave; or

(c)being absent from a centre under supervision, fails to return to the centre upon being recalled,

may be arrested without warrant by a constable or any person authorised by the managers of a juvenile justice centre and, if he is under the age of 18, be taken to any juvenile justice centre or in any case be returned to the hospital or institution from which he escaped ortothe personinwhose charge he was.

(2) A person arrested under paragraph (1) may at any time be brought with the authority of the Secretary of State before a court of summary jurisdiction having jurisdiction where that person is found or where the juvenile justice centre, hospital or institution mentioned in sub-paragraph (a), (b) or (c) of that paragraph is situated.

(3) Where a person is brought before a court under paragraph (2), the court—

(a)may, if he is a child, order the period for which he is to be detained under the order referred to in paragraph (1) to be increased by a further period not exceeding 30 days;

(b)may, if he is not a child but is under the age of 18,—

(i)order the period for which he is to be detained under the order referred to in paragraph (1) to be increased by a further period not exceeding 30 days; or

(ii)revoke the order referred to in paragraph (1) and deal with him in any manner in which the court could deal with him if he had just been convicted by the court of the offence;

(c)shall, in any other case, revoke the order referred to in paragraph (1) and deal with him in any manner in which the court could deal with him if he had just been convicted by the court of the offence.

(4) In fixing the sentence under paragraph (3)(b)(ii) or (c) the court shall take into account the period for which the order referred to in paragraph (1) would, but for its revocation, have continued in effect.

(5) If any person—

(a)knowingly assists a child who escapes, runs away or fails to return as mentioned in paragraph (1)(a), (b) and (c) or knowingly induces any child to so escape, run away or fail to return; or

(b)without lawful authority takes a child away from any such centre, hospital, institution or person as is mentioned in paragraph (1)(a) and (b); or

(c)knowingly harbours or conceals a child who escapes, runs away or fails to return as mentioned in paragraph (1)(a), (b) and (c), or prevents him from returning;

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

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