Modifications etc. (not altering text)
C1Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C2Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C3Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C4Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
(1)Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.
| Description of person | Court which may make the direction |
|---|---|
| A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding |
| A relevant offender within section 129(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding |
| A person who is the subject of a notification order, interim notification order, [F1sexual harm prevention order, interim sexual harm prevention order,] sexual offences prevention order or interim sexual offences prevention order [F2, or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)] | The court which makes the order |
| A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5)) | The court which hears the application |
[F3(1A)In the Table—
(a)the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(b)the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]
(2)Where this subsection applies—
(a)the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and
(b)the parent must ensure that the young offender attends at the police station with him, when a notification is being given.
(3)A direction under subsection (1) takes immediate effect and applies—
(a)until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or
(b)for such shorter period as the court may, at the time the direction is given, direct.
(4)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—
(a)who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and
(b)who the chief officer believes is under 18.
(5)In Scotland, [F4the chief constable of the Police Service of Scotland] may, by summary application to any sheriff F5..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—
(a)who resides in that area, or who the chief constable believes is in or is intending to come to that area, and
(b)who the chief constable believes is under 16.
Textual Amendments
F1Words in s. 89(1) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 57 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
F2Words in s. 89(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 206 (with Sch. 27); S.I. 2020/1236, reg. 2
F3S. 89(1A) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 3(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
F4Words in s. 89(5) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(a)
F5Words in s. 89(5) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(5)(b)