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

SupervisionE+W

16Provisions supplementary to s. 15.E+W

(1)Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

(2)Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but [F1subsections (3) and (4) of section 55 of the M1Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the word “cannot be served or”.

(3)Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—

(a)may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b)shall within that period, unless within it the [F2supervised person] is brought before the court aforesaid, bring him before a justice;

F3. . .

[F4(3A)Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—

(a)direct that he be released forthwith; or

(b)subject to subsection (3C) of this section, remand him to local authority accommodation.

(3B)A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.

(3C)Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—

(a)to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or

(b)to a prison, if he has not been so notified.]

[F5(4)Where an application is made to [F6a youth court] under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—

(a)a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or

(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).]

(5)A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

(a)discharging the supervision order;

(b)cancelling a provision included in the supervision order in pursuance of section 12 [F7, 12A, [F812AA], 12B or 12C] or section 18(2)(b) of this Act;

(c)reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12 [F7, 12A, [F812AA], 12B or 12C];

(d)altering in the supervision order the name of any area;

(e)changing the supervisor.

(6)A [F9youth court] shall not—

(a)exercise its powers under subsection (1) of the preceding section to make F10. . . an order discharging a supervision order or inserting in it a requirement authorised by section 12 [F11, 12A, [F1212AA] 12B or 12C] of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;

(b)exercise its powers to make an order under [F13subsection (10)] of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;

(c)exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by [F14section 12B(1)] of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said [F14section 12B(1)] on such evidence as is there mentioned.

(7)Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by [F14section 12B(1)] of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

(8)The supervised person F15. . . may appeal to [F16the Crown court] against—

(a)any order made under the preceding section [F17by a relevant court (within the meaning of that section)], except an order made or which could have been made in the absence of the supervised person and an order containing only provisons to which he consented in pursuance of the preceding subsection;

(b)the dismissal of an application under that section to discharge a supervision order.

(9)Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

F18(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this and the preceding section references to a [F9youth court] or any other magistrates’ court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a [F9youth court] in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of F19. . . eighteen, the court shall deal with the application as if he had not attained the age in question.

Textual Amendments

F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 81

F2Words in s. 16(3)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(2)(a); S.I. 1991/1883, art. 3, Sch.

F3Words in s. 16(3) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(1), Sch. 16 para. 4(2)(b), Sch. 20, S.I. 1991/1883, art. 3, Sch.

F4S. 16(3A)–(3C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para 4(3); S.I. 1991/1883, art. 3, Sch.

F5S. 16(4) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(4); S.I. 1991/1883, art. 3, Sch.

F6Words in s. 16(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 7(1); S.I. 1992/333, art. 2(2), Sch. 2

F7Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F8Words in s. 16(5)(b)(c) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para 25(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) and by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(5); S.I. 1991/1883, art. 3, Sch.