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Crime and Disorder Act 1998

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38 Local provision of youth justice services.E+W

(1)It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

(2)It shall be the duty of—

(a)every chief officer of police or police authority any part of whose police area lies within the local authority’s area; and

(b)every [F1local probation board][F2Strategic Health Authority,] or health authority any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(3)The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—

(a)by making the payments directly; or

(b)by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(4)In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—

(a)the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;

(b)the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;

(c)the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;

(d)the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the M1Children and Young Persons Act 1969 (“the 1969 Act”);

(e)the provision of reports or other information required by courts in criminal proceedings against children and young persons;

(f)the provision of persons to act as responsible officers in relation to parenting orders, child safety orders, reparation orders and action plan orders;

(g)the supervision of young persons sentenced to a probation order, a community service order or a combination order;

(h)the supervision of children and young persons sentenced to a detention and training order or a supervision order;

(i)the post-release supervision of children and young persons under section 37(4A) or 65 of the 1991 Act or section 31 of the M2Crime (Sentences) Act 1997 (“the 1997 Act”);

(j)the performance of functions under subsection (1) of [F3section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)] by such persons as may be authorised by the Secretary of State under that subsection.

[F4(k)the implementation of referral orders within the meaning of [F5the Powers of Criminal Courts (sentencing) Act 2000].]

(5)The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

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Amendments (Textual)

F3Words in s. 38(4)(j) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(a)

F5Words in s. 38(4)(k) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(b)

Commencement Information

I1S. 38 wholly in force; S. 38 not in force at Royal Assent see s. 121. S. 38(4) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 38(1)-(3)(5) in force at 30.8.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 38 in force at 1.4.2000 by S.I. 2000/924, art. 2

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