Explanatory Memorandum

Criminal Justice (Northern Ireland) Order 2005

2005 No. 1965

6.Commentary on Provisions

Youth justice

6.4.Article 16makes changes to current legislation in anticipation of the extension of the Youth Court to include 17 year-olds. The Youth Court remit extends only to those under 17 years of age but this is planned to increase later in 2005 to include those under 18. The effect of Article 16 will be to provide revised arrangements for remands into custody for 17 year-olds from the expanded Youth Court. With some exceptions those aged 17 being remanded into custody will continue to be committed to a young offenders centre; most children under 17 will be committed to a juvenile justice centre. Article 16 also extends to 17 year-olds the age at which a pre-sentence report can be given to a parent/guardian or child. It extends reporting restrictions on ASBO proceedings to also include17 year-olds.

6.5.Article 17 provides that reparation, community supervision and youth conference orders must be provided to the court ‘as soon as is practicable’. This is aimed at removing unnecessary adjournment and disruption to proceedings allowing the court more flexibility in the production and provision of such orders.