Children and Young Persons Act 1969

7 Alterations in treatment of young offenders etc.

(1) The minimum age at conviction which qualifies for a sentence of borstal training under section 20 of the [1948 c. 58.] Criminal Justice Act 1948 shall be seventeen instead of fifteen years; and accordingly in subsection (1) of that section and section 28(1) of the [1952 c. 55.] Magistrates' Courts Act 1952 for the word "fifteen" there shall be substituted the word " seventeen ".

(2) In section 3(1) of the said Act of 1948 (which authorises the court by or before which a person is convicted of an offence to make a probation order in respect of him) after the word " person " there shall be inserted the words " who has attained the age of seventeen ".

(3) If a court having power to order children or young persons of any class or description to be detained in a detention centre in pursuance of section 4 of the [1961 c. 39.] Criminal Justice Act 1961 or to attend at an attendance centre in pursuance of section 19 of the said Act of 1948 is notified in pursuance of this subsection by the Secretary of State that a detention centre or, as the case may be, an attendance centre will not be available for the reception from that court of children or young persons of that class or description after a date specified in the notification, the power in question shall not be exercisable by that court after that date; and the Secretary of State shall cause a copy of any notification under this subsection to be published in the London Gazette before the date specified in the notification.

(4) Section 5 of the said Act of 1961 (which provides for detention for defaults) shall cease to apply to young persons.

(5) An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

(6) Sections 54 and 57 of the Act of 1933 (which among other things enable a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

(7) Subject to the enactments requiring cases to be remitted to juvenile courts and to section 53(1) of the Act of 1933 (which provides for detention for certain grave crimes), where a child is found guilty of homicide or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power—

(a) if the offence is punishable in the case of an adult with imprisonment, to make a care order (other than an interim order) in respect of him; or

(b) to make a supervision order in respect of him; or

(c) with the consent of his parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; and subsection (13) of section 2 of this Act shall apply to an order under paragraph (c) of this subsection as it applies to such an order as is mentioned in that subsection.

(8) Without prejudice to the power to remit any case to a juvenile court which is conferred on a magistrates' court other than a juvenile court by section 56(1) of the Act of 1933, in a case where such a magistrates' court finds a person guilty of an offence and either he is a young person or was a young person when the proceedings in question were begun it shall be the duty of the court to exercise that power unless the court decides to deal with the case by exercising a power to make one or more of the following orders, that is to say, an order discharging him absolutely or conditionally, an order for the payment of a fine, damages or costs, an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him or an order under section 5 or 7 of the [1962 c. 59.] Road Traffic Act 1962 (which relate respectively to the disqualification of drivers and the endorsement of licences).