Children and Young Persons Act 1969

32 Detention of absentees

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

(a) a person committed to the care of a local authority by a care order or by a warrant under section 23 of this Act; or

(b) a person who, in pursuance of section 2(5), 16(3) or 28 of this Act, has been taken to a place of safety which is a community home provided by a local authority or a controlled community home ; or

(c) a person in the care of a local authority in pursuance of arrangements under section 29(3) of this Act; or

(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 [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968,

is absent from premises at which he is required by the local authority or 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 the local authority or the managers of the home or 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 or managers, to the premises or other place aforesaid or such other premises as the authority or managers may direct.

(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) 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 twenty pounds.

In the application of this subsection to Northern Ireland, "magistrates' court" means a magistrates' court within the meaning of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964.

(3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) 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 one hundred pounds or both.

(4) The reference to a constable in subsection (1) 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 that subsection " 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.