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Part IVS Protection of Children and Young Persons in relation to Criminal Proceedings

Modifications etc. (not altering text)

39—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

General Provisions as to Proceedings in CourtS

44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S

F346 Power to prohibit publication of certain matter in newspapers. S

(1)In relation to any proceedings in any court . . . F4, the court may direct that—

(a)no newspaper report of the proceedings shall reveal the name, address, or school, or include any particulars calculated to lead to the identification, of [F5a person under the age of seventeen years] concerned in the proceedings, either as being the person [F6by or against] or in respect of whom the proceedings are taken, or as being a witness therein;

(b)no picture shall be published in any newspaper as being or including a picture of [F5a person under the age of seventeen years] so concerned in the proceedings as aforesaid;

except in so far (if at all) as may be permitted by the direction of the court.

(2)Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding [F7level 4 on the standard scale].

Textual Amendments

F3S. 46 repealed (E.W.)(S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 10 Pt. I so far as relating to criminal proceedings; extended by Children and Young Persons Act 1963 (c. 37), s. 57(3)(4)

F7Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 46(2) shall have effect as if the maximum fine that may be imposed on a summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50

Modifications etc. (not altering text)

47—54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8S

Juvenile OffendersS

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9S

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S

57 Punishment of certain grave crimes.S

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3)A person detained pursuant to the directions of the Secretary of State under [F12section [F13205 or 206]of the M1Criminal Procedure (Scotland) Act 1975]. . .shall, while so detained, be deemed to be in legal custody.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

[F1658]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15S

[F1758A Committal for residential training.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(2)A child detained pursuant to the directions of the Secretary of State under [F19section 413 of the M2Criminal Procedure (Scotland) Act 1975] shall, while so detained, be deemed to be in legal custody.

(3)Any child so detained as aforesaid may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released.]

59

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

60, 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22S

62 Power of Secretary of State to send certain juvenile offenders to approved schools.S

The Secretary of State may by order direct that—

(a)a person who is under the age of eighteen years and is undergoing detention in a Borstal institution; or

(b)a child or young person with respect to whom he is authorised to give directions under [F23 . . . F24 section 206 of the M3Criminal Procedure (Scotland) Act 1975; or]

(c)a young person who has been ordered to be imprisoned and has been pardoned by His Majesty on condition of his agreeing to undergo training in a [F25residential establishment],

shall be transferred or sent to and detained in [F25a residential establishment] specified in the order; and any such order shall be an authority for the detention of the person to whom it relates until such date as may be specified in the order:

Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Secretary of State attain the age of nineteen years nor later—

(a)in the case of a person who was . . . F26 sentenced to detention under the said subsection (2), than the date on which his detention would have expired; or

(b)in the case of a young person who has been ordered to be imprisoned and has been pardoned as aforesaid, than three years from the date as from which the order for his imprisonment began to run.

[F27(c)in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein.]

[F2863 Register of children found guilty of offences.S

In addition to any other register required by law, a separate register of children found guilty of offences and of children discharged on bond or put on probation shall be kept for every summary court by the chief constable or other person charged with the duty of keeping registers of convictions. The register shall apply to children of such age, and shall include such particulars, as may be directed by the Secretary of State, and it shall be the duty of the keeper of the register, within seven days after any such child has been dealt with by the court, to transmit a copy of the entry relating to the child to the education authority for the area in which the child resides.]

Textual Amendments

F28S. 63 inserted (1.4.1996) by 1995 c. 40 ss. 5, 7(2), Sch. 4 para. 3(1)(2)

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29S

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30S

65, 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31S

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S

68—80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33S