Children and Young Persons Act 1969 (c. 54)

Part I U.K. Care and other treatment of juveniles through court proceedings

Detention U.K.

F1 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 28 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)(6)); S.I. 1991/828, art. 3(2)

[F2 29 Recognisance on release of arrested child or young person. E+W

[F3 (1)]] A child or young person arrested in pursuance of a warrant shall not be released unless. . . F4 his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

[F5 (2) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.]

Textual Amendments

F2 S. 29 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(b)

F3 S. 29 renumbered as subsection (1) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(1), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch.2

F4 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 36, Sch. 16

F5 S. 29(2) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(1), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch.2

Modifications etc. (not altering text)

C1 S. 29 excluded by Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8, SIF 39:2), s. 12(6)

30 Detention of young offenders in community homes. E+W

(1) The power to give directions under section 53 of the Act of 1933 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

(2) It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 31 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

32 Detention of absentees. E+W

(1) If any of the following persons, that is to say—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(d) a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M1 Children and Young Persons Act (Northern Ireland) 1968 [F10 (but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],

is absent from premises at which he is required by. . . F11 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F11 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F11 , to the premises or other place aforesaid or such other premises as the authority. . . F11 may direct.

[F12 (1A) If a child or young person is absent, without the consent of the responsible person—

(a) from a place of safety to which he has been taken under section 16(3) of this Act; or

(b) from local authority accommodation—

(i) in which he is required to live under section 12AA of this Act; or

(ii) to which he has been remanded under [F13 section 16(3A)][F14 of this Act; or

(iii) to which he has been remanded or committed under section 23(1) of this Act]

he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.

(1B) A person so arrested shall be conducted to—

(a) the place of safety;

(b) the local authority accommodation; or

(c) such other place as the responsible person may direct, at the responsible person’s expense.

(1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F15 , 16(3B)] or 23 of this Act.]

(2) If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F16 or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F17 level 3 on the standard scale].

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F18 M2 Magistrates’ Courts (Northern Ireland) Order 1981].

[F19 (2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or [F20 (1A)(a) or (b)(i) or (ii)] of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

(2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F21 responsible person].]

(3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F22 or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F23 level 5 on the standard scale] or both.

(4) The reference to a constable in [F24 subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F24 subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

(5) Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F7 S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F8 S. 32(1)(b) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(2)

F9 S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F10 Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art.3

F11 Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6

F12 S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F13 Words in s. 32(1A)(ii) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(2); S.I. 1991/1883, art. 3, Sch.

F14 Words in s. 32(1A)(b) substituted (E.W.) (5.9.1995) by 1995 c. 16, s. 2(2)(a); S.I. 1995/2021, art. 2

F15 Words in s. 32(1C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(3); S.I. 1991/1883, art. 3, Sch.

F16 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(4)

F17 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and S.I. 1984/703 (N.I. 3), art. 6

F18 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17

F19 S. 32(2A)(2B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(5)

F20 Words in s. 32(2A) substituted (E.W.) (5.9.1995) by 1995 c. 16, s. 2(2)(b); S.I. 1995/2021, art. 2

F21 Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F22 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 16

F23 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and S.I. 1984/703 (N.I. 3), art. 6

F24 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)

Modifications etc. (not altering text)

C2 S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)

Marginal Citations

M1 1968 c. 34. (N.I.)

M2 S.I. 1981/1675 (N.I. 26).

32 Detention of absentees. S+N.I.

(1) If any of the following persons, that is to say—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(d) a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M3 Children and Young Persons Act (Northern Ireland) 1968 [F28 (but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],

is absent from premises at which he is required by. . . F29 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F29 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F29 , to the premises or other place aforesaid or such other premises as the authority. . . F29 may direct.

[F30 (1A) If a child or young person is absent, without the consent of the responsible person—

(a) from a place of safety to which he has been taken under section 16(3) of this Act; or

(b) from local authority accommodation—

(i) in which he is required to live under section 12AA of this Act; or

(ii) to which he has been remanded under [F31 section 16(3A) or 23(1)] of this Act,

he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.

(1B) A person so arrested shall be conducted to—

(a) the place of safety;

(b) the local authority accommodation; or

(c) such other place as the responsible person may direct, at the responsible person’s expense.

(1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F32 , 16(3B)] or 23 of this Act.]

(2) If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F33 or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F34 level 3 on the standard scale].

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F35 M4 Magistrates’ Courts (Northern Ireland) Order 1981].

[F36 (2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

(2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F37 responsible person].]

(3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F38 or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F39 level 5 on the standard scale] or both.

(4) The reference to a constable in [F40 subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F40 subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

(5) Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F25 S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F26 S. 32(1)(b) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(2)

F27 S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F28 Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art.3

F29 Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6

F30 S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F31 Words in s. 32(1A)(ii) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(2); S.I. 1991/1883, art. 3, Sch.

F32 Words in s. 32(1C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(3); S.I. 1991/1883, art. 3, Sch.

F33 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(4)

F34 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and S.I. 1984/703 (N.I. 3), art. 6

F35 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17

F36 S. 32(2A)(2B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(5)

F37 Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F38 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 16

F39 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and S.I. 1984/703 (N.I. 3), art. 6

F40 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)

Modifications etc. (not altering text)

C3 S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)

S. 32(3) restricted (S.) (12.12.1996 for certain purposes and 1.4.1997 for all remaining purposes) by 1995 c. 36, s. 38(4)(b) (with ss. 90, 103(1)); S.I. 1996/3201, arts. 3(1)(7)

Marginal Citations

M3 1968 c. 34. (N.I.)

M4 S.I. 1981/1675 (N.I. 26).