Part IIIE+W Children and Young Persons

Children’s evidenceE+W

52 Competence of children as witnesses.E+W

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

53 Notices of transfer in certain cases involving children.E+W

[F2(1)If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—

(a)that the evidence of the offence would be sufficient for the person charged to be committed for trial;

(b)that a child who is alleged—

(i)to be a person against whom the offence was committed; or

(ii)to have witnessed the commission of the offence,

will be called as a witness at the trial; and

(c)that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,

a notice (“notice of transfer”) certifying that opinion may be [F3given] by or [F3to] behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

(2)A notice of transfer shall be [F4given] before the magistrates’ court begins to inquire into the case as examining justices.

(3)On the [F5giving] of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by [F6regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012].

(4)The decision to [F7give] a notice of transfer shall not be subject to appeal or liable to be questioned in any court.

(5)Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.

(6)In this section “child” means a person who—

(a)in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or

(b)in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.

(7)Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

[F8(8)This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.]]

Annotations:

Amendments (Textual)

F2S. 53 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 62(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)

F3Words in s. 53(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(a); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F4Words in s. 53(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(b); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F5Words in s. 53(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(c); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F6Words in s. 53(3) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 40; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F7Words in s. 53(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(d); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F8S. 53(8) inserted (4.1.1998 for certain purposes, otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 93; S.I. 1998/2327, art. 4(2)(c) (subject to art. 3); S.I. 2000/3283, art. 2(c).

Modifications etc. (not altering text)

Commencement Information

I1S. 53 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

[F954 Video recordings of testimony from child witnesses.E+W

After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—

32A Video recordings of testimony from child witnesses.

(1)This section applies in relation to the following proceedings, namely—

(a)trials on indictment for any offence to which section 32(2) above applies;

(b)appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968 in respect of any such offence; and

(c)proceedings in youth courts for any such offence and appeals to the Crown Court arising out of such proceedings.

(2)In any such proceedings a video recording of an interview which—

(a)is conducted between an adult and a child who is not the accused or one of the accused (“the child witness”); and

(b)relates to any matter in issue in the proceedings,

may, with the leave of the court, be given in evidence in so far as it is not excluded by the court under subsection (3) below.

(3)Where a video recording is tendered in evidence under this section, the court shall (subject to the exercise of any power of the court to exclude evidence which is otherwise admissible) give leave under subsection (2) above unless—

(a)it appears that the child witness will not be available for cross-examination;

(b)any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court; or

(c)the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted;

and where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded.

(4)In considering whether any part of a recording ought to be excluded under subsection (3) above, the court shall consider whether any prejudice to the accused, or one of the accused, which might result from the admission of that part is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.

(5)Where a video recording is admitted under this section—

(a)the child witness shall be called by the party who tendered it in evidence;

(b)that witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony.

(6)Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed by the recording shall be treated as if given by that witness in direct oral testimony; and accordingly—

(a)any such statement shall be admissible evidence of any fact of which such testimony from him would be admissible;

(b)no such statement shall be capable of corroborating any other evidence given by him;

and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn (as to its accuracy or otherwise).

(7)In this section “child” means a person who—

(a)in the case of an offence falling within section 32(2)(a) or (b) above, is under fourteen years of age or, if he was under that age when the video recording was made, is under fifteen years of age; or

(b)in the case of an offence falling within section 32(2)(c) above, is under seventeen years of age or, if he was under that age when the video recording was made, is under eighteen years of age.

(8)Any reference in subsection (7) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) above includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

(9)In this section—

  • statement” includes any representation of fact, whether made in words or otherwise;

  • video recording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.

(10)A magistrates’ court inquiring into an offence as examining justices under section 6 of the Magistrates’ Courts Act 1980 may consider any video recording as respects which leave under subsection (2) above is to be sought at the trial, notwithstanding that the child witness is not called at the committal proceedings.

(11)Without prejudice to the generality of any enactment conferring power to make rules of court, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

(12)Nothing in this section shall prejudice the admissibility of any video recording which would be admissible apart from this section.]

Annotations:

Amendments (Textual)

F9S. 54 repealed (24.7.2002 except insofar as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(iv)(bb)

Commencement Information

I2S. 54 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

55 Further amendments of enactments relating to children’s evidence.E+W

(1)In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—

(5)In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.

(2)In subsection (1) of section 32 of the 1988 Act (evidence through television links)—

(a)for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and

(b)[F10for paragraph (b) there shall be substituted the following paragraph—

(b)the witness is a child, or is to be cross-examined following the admission under section 32A below of a video recording of testimony from him, and the offence is one to which subsection (2) below applies,.]

(3)After that subsection there shall be inserted the following subsection—

(1A)This subsection applies—

(a)to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968; and

(b)to proceedings in youth courts and appeals to the Crown Court arising out of such proceedings.

(4)[F11After subsection (3) of that section there shall be inserted the following subsections—

(3A)Where, in the case of any proceedings before a youth court—

(a)leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and

(b)suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,

the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.

(3B)A place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.]

F12(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F13After subsection (5) of that section there shall be inserted the following subsection—

(6)Subsection (7) of section 32A below shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.]

(7)After section 34 of the 1988 Act there shall be inserted the following section—

34A Cross-examination of alleged child victims.

(1)No person who is charged with an offence to which section 32(2) above applies shall cross-examine in person any witness who—

(a)is alleged—

(i)to be a person against whom the offence was committed; or

(ii)to have witnessed the commission of the offence; and

(b)is a child, or is to be cross-examined following the admission under section 32A above of a video recording of testimony from him.

(2)Subsection (7) of section 32A above shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.

Annotations:

Amendments (Textual)

F10S. 55(2)(b) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

F11S. 55(4) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

F13S. 55(6) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

Commencement Information

I3S. 55 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Responsibilities of parent or guardianE+W

56 Attendance at court of parent or guardian.E+W

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—

34A Attendance at court of parent or guardian.

(1)Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—

(a)may in any case; and

(b)shall in the case of a child or a young person who is under the age of sixteen years,

require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.

(2)In relation to a child or young person for whom a local authority have parental responsibility and who—

(a)is in their care; or

(b)is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,

the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.

In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

F1457. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F14S. 57 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F1558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F15S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Detention etc. pending trialE+W

59 Detention at a police station.E+W

In section 38 of the M1Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—

(6)Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a)that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b)in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.

(6A)In this section—

  • local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

  • secure accommodation” means accommodation provided for the purpose of restricting liberty;

  • sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;

and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

Annotations:

Commencement Information

I5S. 59 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

60 Remands and committals to local authority accommodation.E+W

F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—

(a)in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;

(b)in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and

(c)after that subsection there shall be inserted the following subsection—

(3)Where a person committed in custody under subsection (1) above is less than 17 years old—

(a)he shall be committed to accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) and

(b)the court by which he is so committed shall impose a security requirement within the meaning of section 23 of the Children and Young Persons Act 1969.

(3)In the case of a child or young person who has been remanded F17... to local authority accommodation [F18under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the M2Children Act 1989 [F19or section 119 of the Social Services and Well-being (Wales) Act 2014] (use of accommodation for restricting liberty) shall, notwithstanding anything in section [F2092(7)] [F21of the Children Act 1989], be made to that court.

Annotations:

Amendments (Textual)

F20Words in s. 60(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 127; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I6S. 60 wholly in force at 1.6.1999; s. 60(3) in force at 14.10.1991, see s. 102(2)(3) and S.I. 1991/2208, art. 2(1), Sch. 1; s. 60(1)(2)(a) in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2; s. 60(2)(b)(c) in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.

S. 60(2)(b)(c) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3(which art. 2(5), Sch. 3 was revoked (16.1999) by S.I. 1999/1280, art. 2)

Marginal Citations

F2261 Provision by local authorities of secure accommodation.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2361A Cost of secure accommodation.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62F24 Transitory provisions pending provision of secure accommodation.E+W

(1)In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.

(2)In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.

(3)For subsections (4) and (5) there shall be substituted the following subsections—

(4)Where a court declares a person to be one to whom subsection (5) below applies, it shall remand him—

(a)to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and

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

(4A)A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—

(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(5)This subsection applies to a young person who is male and has attained the age of fifteen, but only if—

(a)he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

(b)he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,

and (in either case) the court is of opinion that only remanding him to a remand centre or prison would be adequate to protect the public from serious harm from him.

(4)In subsection (6)—

(a)for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and

(b)for the words “subsection (5) above” there shall be substituted the words “that subsection”.

(5)In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.

(6)After subsection (9) there shall be inserted the following subsection—

(9A)Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, he shall cease to be remanded to local authority accommodation and subsection (4) above shall apply.

(7)In subsection (12), the definition of “secure accommodation” shall be omitted.

Young offendersE+W

F2563. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F25S. 63 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2664. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F2765 Supervision of young offenders after release.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F27S. 65 repealed (3.12.2012 for the repeal of s. 65(1), 1.5.2013 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 63, Sch. 37 Pt. 7; S.I. 2012/2905, art. 3(1)

F2866. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F28S. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2967. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F29S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

MiscellaneousE+W

68 Persons aged 17 to be treated as young persons for certain purposes.E+W

The following enactments, namely—

(a)the Children and Young Persons Acts 1933 to 1969;

(b)section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(d)the 1980 Act,

shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.

Annotations:

Amendments (Textual)

Commencement Information

I7S. 68 wholly in force (except for specified purposes, see S.I. 1992/333, art. 2(4)) at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

69 Non-appearance of persons aged 16 or 17: plea of guilty.E+W

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

70 Renaming of juvenile courts etc.E+W

(1)Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

(2)Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

71 Amendments to service law.E+W

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F32S. 71 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

72 Repeal of certain provisions not brought in force.E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)