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Criminal Justice (Children) (Northern Ireland) Order 1998

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Criminal Justice (Northern Ireland) Order 1998 No. 2839

Explanatory Note

(This note is not part of the Order)

This Order replaces those provisions of the Children and Young Persons Act (Northern Ireland) 1968 which deal with children and young persons concerned in criminal proceedings (except Part II of that Act which contains some miscellaneous cruelty offences in respect of children). The Order removes the distinction between a child and a young person and defines a child as a person who is under seventeen.

Part II contains general provisions about the age of criminal responsibility and the duty of a court to have regard to the welfare of a child brought before it in any proceedings for an offence. Part III contains provisions relating to the arrest and detention of a child and Part IV provides for criminal proceedings involving children.

Part V deals with the youth court (a juvenile court hearing a charge against a child).

Part VI contains sentencing and other powers (including power to make attendance centre orders and juvenile justice centre orders). Part VII makes provision for attendance centres and juvenile justice centres.

Part VIII contains miscellaneous and general provisions (including Article 56 which provides for the renaming of the Rathgael and Whiteabbey Schools Management Board as the Juvenile Justice Board and provides for the conferring of additional functions on that Board).

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