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Children and Young Persons Act 1933

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Children and Young Persons Act 1933

1933 CHAPTER 12 23 and 24 Geo 5

An Act to consolidate certain enactments relating to persons under the age of eighteen years.

[13th April 1933]

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Extent Information

E1Act: does not extend to Scotland or Northern Ireland save as therein otherwise expressly provided see s. 109(3).

Modifications etc. (not altering text)

C1Act extended (except ss. 15, 19) by Protection of Children Act 1978 (c. 37), s. 1(5).

C3By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C4Power to modify conferred (5.2.1994) by 1993 c. 47, ss. 22(3), 33(2).

C5Act (except ss. 53, 58, 79-81, Sch. 4): transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act partly in force at Royal Assent by s. 109(2) (now repealed); Act wholly in force at 1.11.1933.

Part IE+W Prevention of Cruelty and Exposure to Moral and Physical Danger

OffencesE+W

1 Cruelty to persons under sixteen.E+W

(1)If any person who has attained the age of sixteen years and [F1has responsibility for] any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanor, and shall be liable—

(a)on conviction on indictment, to a fine . . . F2 or alternatively, . . . F3, or in addition thereto, to imprisonment for any term not exceeding [F4ten] years;

(b)on summary conviction, to a fine not exceeding [F5£400] pounds, or alternatively, . . . F3, or in addition thereto, to imprisonment for any term not exceeding six months.

(2)For the purposes of this section—

(a)a parent or other person legally liable to maintain a child or young person [F6, or the legal guardian of a child or young person,] shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under [F7the enactments applicable in that behalf];

(b)where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed, under the influence of drink, be deemed to have neglected the infant in a manner likely to cause injury to its health.

(3)A person may be convicted of an offence under this section—

(a)notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person;

(b)notwithstanding the death of the child or young person in question.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5),(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(7)Nothing in this section shall be construed as affecting the right of any parent, teacher, or other person having the lawful control or charge of a child or young person to administer punishment to him.

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Amendments (Textual)

F7Words substituted by S.I. 1951/174 (1951 I, p. 1369), Sch.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W
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Amendments (Textual)

F10Ss. 2, 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4

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Amendments (Textual)

F10Ss. 2, 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4

3 Allowing persons under sixteen to be in brothels.E+W

(1)If any person having [F11responsibility for] a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or to frequent a brothel, he shall be [F12liable on summary conviction to a fine not exceeding [F13level 2 on the standard scale]], or alternatively . . . F14 or in addition thereto, to imprisonment for any term not exceeding six months.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

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Amendments (Textual)

F15S. 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4

4 Causing or allowing persons under sixteen to be used for begging.E+W

(1)If any person causes or procures any child or young person under the age of sixteen years or, having [F16responsibility for] such a child or young person, allows him to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise) he shall, on summary conviction, be liable to a fine not exceeding [F17level 2 on the standard scale], or alternatively, . . . F18 or in addition thereto, to imprisonment for any term not exceeding three months.

(2)If a person having [F16responsibility for] a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any such purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed him to be in the street, premises, or place for that purpose unless the contrary is proved.

(3)If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms.

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Amendments (Textual)

5 Giving intoxicating liquor to children under five.E+W

If any person gives, or causes to be given, to any child under the age of five years any intoxicating liquor, except upon the order of a duly qualified medical practitioner, or in case of sickness, apprehended sickness, or other urgent cause, he shall, on summary conviction, be liable to a fine not exceeding [F19level 1 on the standard scale].

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Amendments (Textual)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W
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Amendments (Textual)

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Amendments (Textual)

7 Sale of tobacco, &c. to persons under sixteen.E+W

(1)Any person who sells to a person [F21. . .] under the age of sixteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, [F22on summary conviction to a fine not exceeding level 4 on the standard scale.]

[F23(1A)It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]

(2)If on complaint to a court of summary jurisdiction it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises [F24has been used by any person] under the age of sixteen years, the court [F25shall] order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, [F26to a fine not exceeding level 4 on the standard scale.]

(3)It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the police authority may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.

(4)Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time.

(5)For the purposes of this section the expression “tobacco” includes cigarettes [F27any product containing tobacco and intended for oral or nasal use] and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.

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Amendments (Textual)

Modifications etc. (not altering text)

C7Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W
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Amendments (Textual)

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9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W
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Amendments (Textual)

10 Vagrants preventing children from receiving education.E+W

(1)If a person habitually wanders from place to place and takes with him any child who has attained the age of five years [F30or any young person who has not attained the age at which under the enactments relating to education children cease to be of compulsory school age,] he shall, unless he proves that the child [F31or young person is not, by being so taken with him, prevented from receiving efficient full-time education suitable to his age ability and aptitude [F32and to any special educational needs he may have], be liable on summary conviction to a fine not exceeding [F33level 1 on the standard scale].]

[F34(1A)Proceedings for an offence under this section shall not be instituted except by a local education authority; and before instituting such proceedings the authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, [F35to make an application in respect of the child or young person for an education supervision order under section 36 of the Children Act 1989]]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

[F37(3)Where in any proceedings for an offence against this section it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature as to require him to travel from place to place, the person against whom the proceedings were brought shall be acquitted if it is proved that the child or young person has attended a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits:

Provided that in the case of a child or young person who has attained the age of six years the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless it is proved that the child or young person has made at least two hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.]

(4)[F38The Secretary of State for Education and Science] shall have power to make regulations as to the issue of certificates of attendance for the purposes of the last foregoing subsection, and any such regulations shall be laid before Parliament as soon as may be after they are made.

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Amendments (Textual)

F38Words substituted by virtue of Education Act 1944 (c. 31), s. 2(1) and S.I. 1964/490, arts. 2(1), 3(2)

11†Exposing children under seven to risk of burning.E+W
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Modifications etc. (not altering text)

C9Unreliable marginal note.

If any person who has attained the age of sixteen years, having [F39responsibility for] any child under the age of [F40twelve] years, allows the child to be in any room containing an open fire grate [F41or any heating appliance liable to cause injury to a person by contact therewith] not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable precautions against that risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine not exceeding [F42level 1 on the standard scale]:

Provided that neither this section, not any proceedings taken thereunder, shall affect any liability of any such person to be proceeded against by indictment for any indictable offence.

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Amendments (Textual)

Modifications etc. (not altering text)

C9Unreliable marginal note.

C10Words in s. 11 substituted by 1952 c. 50, continued to have effect (5.11.1993) by 1993 c. 50, s. 1(2), Sch. 2 Pt. II para. 23.

12 Failing to provide for safety of children at entertainments.E+W

(1)Where there is provided in any building an entertainment for children, or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and to take all other reasonable precautions for the safety of the children.

(2)Where the occupier of a building permits, for hire or reward, the building to be used for the purpose of an entertainment, he shall take all reasonable steps to secure the observance of the provisions of this section.

(3)If any person on whom any obligation is imposed by this section fails to fulfil that obligation, he shall be liable, on summary conviction, to a fine not exceeding, in the case of a first offence fifty pounds, and in the case of a second or subsequent offence one hundred pounds, and also, if the building in which the entertainment is given is licensed . . . F43 under any of the enactments relating to the licensing of theatres and of houses and other places for music or dancing, the licence shall be liable to be revoked by the authority by whom the licence was granted.

(4)A constable may enter any building in which he has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided, with a view to seeing whether the provisions of this section are carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in the last foregoing subsection shall have the like power of entering any building so licensed by that authority.

(5)The institution of proceedings under this section shall—

(a)in the case of a building [F44licensed by a local authority] under [F45section 1 of the Cinemas Act 1985], or under the enactments relating to the licensing of theatres or of houses and other places for music or dancing, be the duty of [F44that local authority]; and

(b)in any other case, be the duty of the police authority.

(6)This section shall not apply to any entertainment given in a private dwelling-house.

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Amendments (Textual)

Modifications etc. (not altering text)

C11S. 12: functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 B1 35

C12Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

over 01/04/2009

[F46Persistent sales of tobacco to persons under 18E+W

12ARestricted premises ordersE+W

(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).

(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).

(3)A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person.

(4)The prohibition applies to sales whether made—

(a)by the offender or any other person, or

(b)by means of any machine kept on the premises or any other means.

(5)The order has effect for the period specified in the order, but that period may not exceed one year.

(6)The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.

(7)The court may make the order if (and only if) it is satisfied that—

(a)on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences in relation to the relevant premises, and

(b)the applicant has complied with subsection (6).

(8)Persons affected by the application may make representations to the court as to why the order should not be made.

(9)If—

(a)a person affected by an application for a restricted premises order was not given notice under subsection (6), and

(b)consequently the person had no opportunity to make representations to the court as to why the order should not be made,

the person may by complaint apply to the court for an order varying or discharging it.

(10)On an application under subsection (9) the court may, after hearing—

(a)that person, and

(b)the applicant for the restricted premises order,

make such order varying or discharging the restricted premises order as it considers appropriate.

(11)For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—

(a)the occupier of the premises, and

(b)any other person who has an interest in the premises.

12BRestricted sale ordersE+W

(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).

(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.

(3)A restricted sale order is an order prohibiting the person to whom it relates—

(a)from selling any tobacco or cigarette papers to any person,

(b)from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person,

(c)from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and

(d)from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco.

(4)The order has effect for the period specified in the order, but that period may not exceed one year.

(5)The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences.

(6)In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.

12CEnforcementE+W

(1)If—

(a)a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and

(b)the person knew, or ought reasonably to have known, that the sale was in contravention of the order,

the person commits an offence.

(2)If a person fails to comply with a restricted sale order, the person commits an offence.

(3)It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000.

(5)A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.]

12DInterpretationE+W

(1)In sections 12A and 12B a “tobacco offence” means—

(a)an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or

(b)an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).

(2)In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.

(3)In sections 12A and 12B “notice” means notice in writing.

Special Provisions as to Prosecutions for Offences specified in First ScheduleE+W

13

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

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Amendments (Textual)

14 Mode of charging offences and limitation of time.E+W

(1)Where a person is charged with committing any of the offences mentioned in the First Schedule to this Act in respect of two or more children or young persons, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not, if he is summarily convicted, be liable to a separate penalty in respect of each child or young person except upon separate informations.

(2)The same information or summons F48 . . . may charge him with the offences of assault, ill-treatment, neglect, abandonment, or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not, if he is summarily convicted, be liable to a separate penalty for each.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(4)When any offence mentioned in the First Schedule to this Act charged against any person is a continuous offence, it shall not be necessary to specify in the information, summons, or indictment, the date of the acts constituting the offence.

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Amendments (Textual)

F48Words in s. 14(2) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W
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Amendments (Textual)

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Amendments (Textual)

SupplementalE+W

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51E+W
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Amendments (Textual)

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Amendments (Textual)

[F5217 Interpretation of Part I.E+W
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Amendments (Textual)

(1)For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person—

(a)any person who—

(i)has parental responsibility for him (within the meaning of the Children Act 1989); or

(ii)is otherwise legally liable to maintain him; and

(b)any person who has care of him.

(2)A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him.]

Part IIE+W+S+N.I. Employment

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Modifications etc. (not altering text)

General Provisions as to EmploymentE+W

18 Restrictions on employment of children.E+W

(1)Subject to the provisions of this section and of any [F53byelaws][F53regulations] made thereunder no child shall be employed—

[F54(a)so long as he is under the age of thirteen years]; or

(b)before the close of school hours on any day on which he is required to attend school; or

[F55(c)before seven o’clock in the morning or after seven o’clock in the evening or any day; or]

(d)for more than two hours on any day on which he is required to attend school; or

(e)for more than two hours on any Sunday; or

(f)to lift, carry or move anything so heavy as to be likely to cause injury to him.

(2)[F56A local authority may make byelaws][F56The Secretary of State may make regulations] with respect to the employment of children, and any such [F53byelaws][F53regulations] may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—

(a)authorising—

[F57(i)the employment of children under the age of thirteen years (notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.]

(ii)the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;

(b)prohibiting absolutely the employment of children in any specified occupation;

(c)prescribing—

(i)the age below which children are not to be employed;

(ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;

(iii)the intervals to be allowed to them for meals and rest;

(iv)the holidays or half-holidays to be allowed to them;

(v)any other conditions to be observed in relation to their employment;

[F58(d)prohibiting the employment of children otherwise than under and in accordance with a permit to be issued by the local education authority on application made in accordance with the regulations, and imposing on children and others requirements in connection with permits;

(e)requiring employers to furnish particulars with respect to children employed, or proposed to be employed, by them and to keep and produce records];

so, however, that no such [F53byelaws][F53regulations] shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.

[F59(3)Nothing in this section, or in any [F53byelaw][F53regulation] made under this section, shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part of this Act; or

(b)in a case where by virtue of section 37(3) of the M1Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.]

[F60(4)Regulations of the Secretary of State under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.].

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Amendments (Textual)

F53Word “regulations” substituted (prosp) for word “byelaws” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 1(1)(b)

F56Words “The Secretary of State may make regulations” substituted (prosp) for words “A local authority may make byelaws” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 1(1)(a)

Marginal Citations

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61E+W
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Amendments (Textual)

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Amendments (Textual)

20 Street trading. E+W
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Modifications etc. (not altering text)

[F62(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.]

(2)A local authority may make byelaws [F63authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading;] and byelaws so made may distinguish between persons of different ages and sexes and between different localities, and may contain provisions—

(a)forbidding any such person to engage or be employed in street trading unless he holds a licence granted by the authority, and regulating the conditions on which such licences may be granted, suspended, and revoked;

(b)determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading;

(c)requiring such persons so engaged or employed to wear badges;

(d)regulating in any other respect the conduct of such persons while so engaged or employed.

[F64(3)[F65Byelaws under this section shall not authorise a child to engage, or be employed, on a Sunday] in street trading of a description to which, notwithstanding section 58 of the M2Shops Act 1950 (which extends certain provisions to any place where a retail trade or business is carried on), those provisions do not extend.]

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

21 Penalties and legal proceedings in respect of general provisions as to employment.E+W

(1)If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw [F66or regulation] made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding [F67twenty pounds][F68£50] or, in the case of a second or subsequent offence, not exceeding [F67fifty pounds][F69£100]:

Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.

(2)Where an employer seeks to avail himself of the proviso to the last foregoing subsection,

(a)the prosecution shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and

(b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(3)A [F70child], who engages in street trading in contravention of the provisions of the last foregoing section, or of any byelaw made thereunder, shall be liable on summary conviction to a fine not exceeding [F71ten pounds], or in the case of a second or subsequent offence, not exceeding [F71twenty pounds].

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Amendments (Textual)

F67Words substituted by Children and Young Persons Act 1963 (c. 37), s. 36(a) in relation to offences committed after 3.3.1969

F68Words “£50” substituted (prosp.) for words “twenty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F69Words “£100” substituted (prosp.) for words “fifty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F71Words substituted by Children and Young Persons Act 1963 (c. 37, s. 36(b) in relation to offences committed after 3.3.1969

Modifications etc. (not altering text)

C15Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Entertainments and PerformancesE+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W
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Amendments (Textual)

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Amendments (Textual)

23 Prohibition against persons under sixteen taking part in performances endangering life or limb. E+W
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Modifications etc. (not altering text)

C18Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

No [F73child] shall take part in any [F74performance to which section 37 of the M3Children and Young Persons Act 1963 applies and] in which his life or limbs are endangered and every person who causes or procures [F75a child], or being his parent or guardian allows him, to take part in such a performance, shall be liable on summary conviction to a fine not exceeding [F76£50]; or in the case of a second or subsequent offence, not exceeding [F76£100]:

Provided that no proceedings shall be taken under this subsection except by or with the authority of a chief officer of police.

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Amendments (Textual)

Modifications etc. (not altering text)

C18Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Marginal Citations

24 Restrictions on training for performances of a dangerous nature. E+W
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Modifications etc. (not altering text)

(1)No [F77child] under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no [F78child who has attained that age] shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be liable on summary conviction to a fine not exceeding [F79£20] or, in the case of a second or subsequent offence, not exceeding [F79£50].

(2)A [F80local authority] may grant a licence for a [F81child who has attained the age of twelve years] to be trained to take part in performances of a dangerous nature.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(4)A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the [F83authority], necessary for his protection, but a licence shall not be refused if the [F83authority] is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

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Amendments (Textual)

Modifications etc. (not altering text)

C20Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Employment AbroadE+W+S+N.I.

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. E+W
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Modifications etc. (not altering text)

(1)No person having [F84responsibility for] any [F85child] shall allow him, nor shall any person cause or procure any [F85child], to go abroad for the purpose of singing, playing performing, or being exhibited, for profit, unless . . . F86 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F85child] was only temporarily resident within [F87the United Kingdom].

(2)A police magistrate may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the police magistrate thinks fit, for any [F88child who has attained the age of fourteen years] to go abroad for the purpose of singing, playing, performing, or being exhibited, for profit, but no such license shall be granted in respect of any person unless the police magistrate is satisfied—

(a)that the application for the licence is made by or with the consent of his parent or guardian;

(b)that he is going abroad to fulfil a particular engagement;

(c)that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d)that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3)A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to the police magistrate and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and the police magistrate shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, the police magistrate may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4)A licence under this section shall not be granted for more than three months but may be renewed by a police magistrate from time to time for a like period, so, however, that no such renewal shall be granted, unless the police magistrate—

(a)is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b)is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5)A police magistrate—

(a)may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b)need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6)The police magistrate to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a court of summary jurisdiction is enforceable.

(7)If any case where a licence has been granted under this section, it is proved to the satisfaction of a police magistrate that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, the magistrate may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8)Where a licence is granted, renewed or varied under this section, the police magistrate shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

(9)In this section the expression “police magistrate” means one of the following magistrates, that is to say—

(a)the chief magistrate of the metropolitan police courts;

(b)any magistrate of the metropolitan police court in Bow Street;

(c)any stipendiary magistrate appointed by Order in Council to exercise jurisdiction under this section,

and the powers conferred by this section on a police magistrate shall in every case be exerciseable by any of the magistrates aforesaid.

(10)This and the next following section extend to Scotland and to Northern Ireland.

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Amendments (Textual)

Modifications etc. (not altering text)

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. S+N.I.
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Modifications etc. (not altering text)

(1)No person having the custody, charge or care of any [F265child] shall allow him, nor shall any person cause or procure any [F265child], to go abroad for the purpose of singing, playing performing, or being exhibited, for profit, unless . . . F266 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F265child] was only temporarily resident within [F267the United Kingdom].

(2)A police magistrate may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the police magistrate thinks fit, for any [F268child who has attained the age of fourteen years] to go abroad for the purpose of singing, playing, performing, or being exhibited, for profit, but no such license shall be granted in respect of any person unless the police magistrate is satisfied—

(a)that the application for the licence is made by or with the consent of his parent or guardian;

(b)that he is going abroad to fulfil a particular engagement;

(c)that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d)that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3)A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to the police magistrate and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and the police magistrate shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, the police magistrate may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4)A licence under this section shall not be granted for more than three months but may be renewed by a police magistrate from time to time for a like period, so, however, that no such renewal shall be granted, unless the police magistrate—

(a)is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b)is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5)A police magistrate—

(a)may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b)need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6)The police magistrate to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a court of summary jurisdiction is enforceable.

(7)If any case where a licence has been granted under this section, it is proved to the satisfaction of a police magistrate that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, the magistrate may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8)Where a licence is granted, renewed or varied under this section, the police magistrate shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

(9)In this section the expression “police magistrate” means one of the following magistrates, that is to say—

(a)the chief magistrate of the metropolitan police courts;

(b)any magistrate of the metropolitan police court in Bow Street;

(c)any stipendiary magistrate appointed by Order in Council to exercise jurisdiction under this section,

and the powers conferred by this section on a police magistrate shall in every case be exerciseable by any of the magistrates aforesaid.

(10)This and the next following section extend to Scotland and to Northern Ireland.

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Extent Information

E3This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Amendments (Textual)

Modifications etc. (not altering text)

26 Punishment of contraventions of last foregoing section and proceedings with respect thereto. E+W+S+N.I.
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Modifications etc. (not altering text)

(1)If any person acts in contravention of the provisions of subsection (1) of the last foregoing section he shall be guilty of an offence under this section and be liable, on summary conviction, to a fine not exceeding [F89level 3 on the standard scale], or, alternatively, , . . . F90or in addition thereto, to imprisonment for any term not exceeding three months:

Provided that if he procured [F91the child in question] to go abroad by means of any false pretence or false representation, he shall be liable on conviction on indictment to imprisonment for any term not exceeding two years.

(2)Where, in proceedings under this section against a person, it is proved that he caused, procured, or allowed [F92a child] to go abroad and that [F93that child] has while abroad been singing, playing, performing, or being exhibited, for profit, the defendant shall be presumed to have caused, procured, or allowed him to go abroad for that purpose, unless the contrary is proved:

Provided that where the contrary is proved, the court may order the defendant to take such steps as the court directs to secure the return of [F94the child] to the United Kingdom, or to enter into a recognisance to make such provision as the court may direct to secure his health, kind treatment, and adequate supervision while abroad, and his return to the United Kingdom at the expiration of such period as the court may think fit.

(3)Proceedings in respect of an offence under this section or for enforcing a recognisance under this or the last foregoing section may be instituted at any time within a period of three months from the first discovery by the person taking the proceedings of the commission of the offence or, as the case may be, the non-observance, of the restrictions and conditions contained in the licence, or, if at the expiration of that period the person against whom it is proposed to institute the proceedings is outside the United Kingdom, at any time within six months after his return to the United Kingdom.

(4)In any such proceedings as aforesaid, a report of any British consular officer and any deposition made on oath before a British consular officer and authenticated by the signature of that officer, respecting the observance or non-observance of any of the conditions or restrictions contained in a licence granted under the last foregoing section shall, upon proof that the consular officer, or deponent, cannot be found in the United Kingdom, be admissible in evidence, and it shall not be necessary to prove the signature or official character of the person appearing to have signed any such report or deposition.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

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Amendments (Textual)

Modifications etc. (not altering text)

SupplementalE+W+S+N.I.

27 Byelaws.E+W

(1)A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State directs.

(2)Before confirming such a byelaw the Secretary of State shall consider any objections thereto which may be addressed to him by persons affected or likely to be affected thereby, and may order a local enquiry to be held, and where such an enquiry is held, the person holding it shall receive such remuneration as the Secretary of State determines, and that remuneration and the expenses of the enquiry shall be paid by the local authority.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

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Amendments (Textual)

28 Powers of entry.E+W

(1)If it is made to appear to a justice of the peace by the local authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act, other than those relating to employment abroad, or of a byelaw [F98or regulation] made under the said provisions, are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the local authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in [F99a performance], or being trained, and to make enquiries therein with respect to that person.

[F100(2)Any authorised officer of the said authority or any constable may—

(a)at any time enter any place used as a broadcasting studio . . . F101or film studio or used for the recording of a performance with a view to its use in a [F102programme service] or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which section 37 of the M4Children and Young Persons Act 1963 applies;

(b)at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to take part in a performance or to be trained, and may make inquiries therein with respect to that person.]

(3)Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any enquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding [F103level 2 on the standard scale].

[F104(4)In this section—

  • broadcasting studio” means a studio used in connection with the provision of a programme service;

  • programme service” has the same meaning as in the Broadcasting Act 1990.]

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Amendments (Textual)

F104S. 28(4) was inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 4(2) (which was repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21) and a new subsection (4) is substituted by s. 203(1), Sch. 20 para. 3(1)(b) of that 1990 Act

Modifications etc. (not altering text)

C25S. 28(1)(3) applied (1.11.1996) (temp.) by 1996 c. 56, ss. 559(5)(6), 583(2) (with ss. 1(4), 561, 562, Sch. 39)

Marginal Citations

29 Savings.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

(4)The said provisions shall be in addition to and not in substitution for any enactments relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.

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Amendments (Textual)

30 Interpretation of Part II.E+W+S+N.I.

[F107(1)]For the purposes of this Part of this Act and of any byelaws [F108or regulations] made thereunder—

  • [F109The expression “child” means—

    (a)

    in relation to England and Wales, a person who is not for the purposes of the Education Act 1944 over compulsory school age;

    (b)

    in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and

    (c)

    in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

  • The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;

  • The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;

  • A person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour;

  • A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed; and

  • The expression “abroad” means outside Great Britain and Ireland.

[F111(2)This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.]

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Amendments (Textual)

F107Existing provisions of s. 30, as amended are constituted as s. 30(1) by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III, para. 8

F108Words inserted by Employment of Children Act 1973 (c. 24. SIF 43:4). s. 3(4), Sch. 1 Pt. I para. 4

F110Words repealed by Education Act 1944 (c. 31. SIF 41:1). Sch. 9 Pt. I

Modifications etc. (not altering text)

Part IIIE+W+S+N.I. Protection of Children and Young Persons in relation to Criminal and Summary Proceedings

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Modifications etc. (not altering text)

General Provisions as to Preliminary ProceedingsE+W

31 Separation of children and young persons from adults in police stations, courts, &c.E+W

Arrangements shall be made for preventing a child or young person while detained in a police station, or while being conveyed to or from any criminal court, or while awaiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that a girl (being a child or young person) shall while so detained, being conveyed, or waiting, be under the care of a woman.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112E+W
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Amendments (Textual)

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Amendments (Textual)

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113E+W
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Amendments (Textual)

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Amendments (Textual)

[F11434 Attendance at court of parent of child or young person charged with an offence, &c.E+W
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Amendments (Textual)

(1)Where a child or young person is charged with any offence [F115is the subject of an application for a care or supervision order under Part IV of the Children Act 1989] or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, and any such person shall be so required at any stage where the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.

[F116(2)Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.

(3)If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—

(a)that the child or young person has been arrested;

(b)why he has been arrested; and

(c)where he is being detained.

(4)Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.

(5)For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—

(a)his parent or guardian; or

(b)any other person who has for the time heing assumed responsibility for his welfare.

(6)If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.

(7)If it appears that at the time of his arrest a supervision order, as defined in section 11 of the M5Children and Young Persons Act 1969 [F117or Part IV of the Children Act 1989], is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

[F118(7A)If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.]

(8)The reference to a parent or guardian in subsection (5) above is —

F119.0. .in the case of a child or young person in the care of a local authority, a reference to that authority; F120 . . .

F120(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.

(10)The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.

(11)In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984]]

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Amendments (Textual)

F115Words in s. 34(1) inserted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 6(1) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F117Words in s. 34(7) inserted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 6(2) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F118S. 34(7A) inserted (14. 10. 1991) by Children Act 1989 (c. 41 , SIF 20), s. 108(5)(6), Sch. 13 para. 6(3) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F119Word “(a)” in s. 34(8) repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).

F120Words from "and (b)" to the end in s. 34(8) repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).

Marginal Citations

over 01/10/1992

[34AF121Attendance at court of parent or guardian.E+W

(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.]

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Amendments (Textual)

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122E+W
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Amendments (Textual)

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Amendments (Textual)

General Provisions as to Proceedings in CourtE+W

36 Prohibition against children being present in court during the trial of other persons.E+W

No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice; and any child present in court when under this section he is not to be permitted to be so shall be ordered to be removed:

Provided that this section shall not apply to messengers, clerks, and other persons required to attend at any court for purposes connected with their employment.

37 Power to clear court while child or young person is giving evidence in certain cases.E+W

(1)Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a child or young person is called as a witness, the court may direct that all or any persons, not being members or officers of the court or parties to the case, their counsel or solicitors, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness:

Provided that nothing in this section shall authorise the exclusion of bonâ fide representatives of a newspaper or news agency.

(2)The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camerâ.

38 Evidence of child of tender years.E+W

(1)Where, in any proceedings against any person for any offence, any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his evidence may be received, though not given upon oath, if, in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and his evidence, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of section seventeen of the M6Indictable Offences Act 1848, or of this Part of this Act, shall be deemed to be a deposition within the meaning of that section and that Part respectively:

. . . F123

(2)If any child whose evidence is received as aforesaid wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be liable on summary conviction to be dealt with as if he had been summarily convicted of an indictable offence punishable in the case of an adult with imprisonment.

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Amendments (Textual)

Marginal Citations

39 Power to prohibit publication of certain matter in newspapers. E+W
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Modifications etc. (not altering text)

(1)In relation to any proceedings in any court . . . F124, 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 any child or young person concerned in the proceedings, either as being the person [F125by 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 any child or young person 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 [F126level 5 on the standard scale].

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Amendments (Textual)

Modifications etc. (not altering text)

Special Procedure with regard to Offences specified in First ScheduleE+W

F12740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

41 Power to proceed with case in absence of child or young person.E+W

Where in any proceedings with relation to any of the offences mentioned in the First Schedule to this Act, the court is satisfied that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child or young person.

42 Extension of power to take deposition of child or young person.E+W

(1)Where a justice of the peace is satisfied by the evidence of a duly qualified medical practitioner that the attendance before a court of any child or young person in respect of whom any of the offences mentioned in the First Schedule to this Act is alleged to have been committed would involve serious danger to his life or health, the justice may take in writing the deposition of the child or young person on oath, and shall thereupon subscribe the depostion and add thereto a statement of his reason for taking it and of the day when and place where it was taken, and of the names of the persons (if any) present at the taking thereof.

(2)The justice taking any such deposition shall transmit it with his statement—

(a)if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court for the trial at which the accused person has been committed; and

(b)in any other case, to the clerk of the court before which proceedings are pending in respect of the offence.

43 Admission of deposition of child or young person in evidence.E+W

Where, in any proceedings in respect of any of the offences mentioned in the First Schedule of this Act, the court is satisfied by the evidence of a duly qualified medical practitioner that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the child or young person taken under the M7Indictable Offences Act 1848, or this Part of this Act, shall be admissible in evidence either for or against the accused person without further proof thereof if it purports to be signed by the justice by or before whom it purports to be taken:

Provided that the deposition shall not be admissible in evidence against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been served upon him and that he or his counsel or solicitor had, or might have had if he had chosen to be present, an opportunity of cross-examining the child or young person making the deposition.

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Marginal Citations

Principles to be observed by all Courts in dealing with Children and Young PersonsE+W

44 General considerations.E+W

(1)Every court in dealing with a child or young person who is brought before it, either as . . . F128 an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

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Amendments (Textual)

Youth CourtsE+W+S+N.I.

45 Constitution of juvenile courts.E+W

Courts of summary jurisdiction constituted in accordance with the provisions of the Second Schedule of this Act and sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction conferred on juvenile courts by or under this or any other Act, shall be known as juvenile courts and in whatever place sitting shall be deemed to be petty sessional courts.

46 Assignment of certain matters to juvenile courts.E+W

(1)Subject as hereinafter provided, no charge against a child or young person, and no application whereof the hearing is by rules made under this section assigned to juvenile courts, shall be heard by a court of summary jurisdiction which is not a juvenile court:

Provided that—

(a)a charge made jointly against a child or young person and a person who has attained the age of seventeen years shall be heard by a court of summary jurisdiction other than a juvenile court; and

(b)where a child or young person is charged with an offence, the charge may be heard by a court of summary jurisdiction which is not a juvenile court if a person who has attained the age of seventeen years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and

(c)where, in the course of any proceedings before any court of summary jurisdiction other than a juvenile court, it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.

[F130(1A)If a notification that the accused desires to plead guilty without appearing before the court is received by the clerk of a court in pursuance of [F131section 12 of the M8Magistrates’ Courts Act 1980] and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained the age of seventeen for the purposes of subsection (1) of this section in its application to the proceedings in question.]

(2)No direction, whether contained in this or any other Act, that a charge shall be brought before a juvenile court shall be construed as restricting the powers of any justice or justices to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

47 Procedure in juvenile courts.E+W

(1)Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other Act.

(2)A juvenile court shall [F133not sit in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been or will be held there within an hour before or after the sitting of the juvenile court]; and no person shall be present at any sitting of a juvenile court except—

(a)members and officers of the court;

(b)parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case;

(c)bonâ fide representatives of newspapers or news agencies;

(d)such other persons as the court may specially authorise to be present:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

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Amendments (Textual)

Modifications etc. (not altering text)

48 Miscellaneous provisions as to powers of juvenile courts.E+W

(1)A juvenile court sitting for the purpose of hearing a charge against, . . . F136, a person who is believed to be a child or young person may, if it thinks fit to do so, proceed with the hearing and determination of the charge . . . F136 notwithstanding that it is discovered that the person in question is not a child or young person.

F137[(2)The attainment of the age of seventeen years by . . . F138 a person in whose case an order for conditional discharge has been made, shall not deprive a juvenile court of jurisdiction to enforce his attendance and deal with him in respect of . . . F138 the commission of a further offence . . . F138.

(3)When a juvenile court has remanded a child or young person for information to be obtained with respect to him, any juvenile court acting for the same petty sessional division or place—

(a)may in his absence extend the period for which he is remanded, so, however, that he appears before a court or a justice of the peace at least once in every twenty-one days;

(b)when the required information has been obtained, may deal with him finally;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140 a juvenile court may sit on any day for the purpose of hearing and determining a charge against a child or young person in respect of an indictable offence.

(5)A juvenile court sitting in [F141the inner London area] shall have all the powers of a metropolitan police magistrate; and for the purposes of any enactment by virtue of which any powers are exercisable—

(a)by a court of summary jurisdiction acting for the same petty sessional division or place as a juvenile court by which some previous act has been done; or

(b)by a juvenile court acting for the same petty sessional division or place as a court of summary jurisdiction by which some previous act has been done,

[F141the inner London area] shall be deemed to be the place for which all metropolitan police magistrates sitting in that area and all juvenile courts sitting in that area act.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

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Amendments (Textual)

49 Restrictions on newspaper reports of proceedings in juvenile courts. E+W
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Modifications etc. (not altering text)

(1)Subject as hereinafter provided, no newspaper report of any proceedings in a juvenile court shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any child or young person concerned in those proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein, nor shall any picture be published in any newspaper as being or including a picture of any child or young person so concerned in any such proceedings as aforesaid:

Provided that the court or the Secretary of State may in any case, if satisfied that it is [F143appropriate to do so for the purpose of avoiding injustice to a child or young person], by order dispense with the requirements of this section [F144in relation to him] to such extent as may be specified in the order.

(2)Any person who publishes any matter in contravention of this section shall on summary conviction be liable in respect of each offence to a fine not exceeding [F145level 5 on the standard scale].

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Amendments (Textual)

Modifications etc. (not altering text)

Juvenile OffendersE+W+S

50 Age of criminal responsibility.E+W

It shall be conclusively presumed that no child under the age of [F146ten] years can be guilty of any offence.

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Amendments (Textual)

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147E+W
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Amendments (Textual)

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Amendments (Textual)

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148E+W
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Amendments (Textual)

53 Punishment of certain grave crimes. E+W
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Modifications etc. (not altering text)

[F149(1)A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (notwithstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place under such conditions as the Secretary of State may direct.]

[F150(2)Where—

(a)a young person is convicted on indictment of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law; or

(b)a child is convicted of manslaughter,] and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period [F151not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult] as may be specified in the sentence; and where such a sentence has been passed the child or young person shall, during that period . . . F152 be liable to be detained in such place and on such conditions as the Secretary of State may direct.

(3)A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

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Amendments (Textual)

Modifications etc. (not altering text)

C38Power to repeal in part conferred by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 69(5)

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154E+W
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Amendments (Textual)

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Amendments (Textual)

[F15555 Power to order parent or guardian to pay fine, etc.E+W
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Amendments (Textual)

(1)Where—

(a)a child or young person is convicted or found guilty of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made under section 35 of the Powers of Criminal Courts Act 1973; and

(b)the court is of opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment,

it shall be the duty of the court to order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i)that the parent or guardian cannot be found; or

(ii)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

[F156(1A)Where but for this subsection—

(a)a court would order a child or young person to pay a fine under section 15(2A) of the Children and Young Persons Act 1969 (failure to comply with requirement included in supervision order); or

(b)a court would impose a fine on a young person under section 16(3) of the Powers of Criminal Courts Act 1973 (breach of requirements of community service order),

it shall be the duty of the court to order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i)that the parent or guardian cannot be found; or

(ii)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.]

(2)An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(3)A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates’ court.

(4)A parent or guardian may appeal to the Court of Appeal against an order made under this section by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.]

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Amendments (Textual)

F156S. 55(1A) inserted by Criminal Justice Act 1988 (c. 33. SIF 39:1), s. 127

56 Power of other courts to remit juvenile offenders to juvenile courts. E+W
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Modifications etc. (not altering text)

C39S. 56 restricted by S.I. 1988/913, rule 11(1)

(1)Any court by or before which a [F157child or] young person is found guilty of an offence other than homicide, may, [F158and, if it is not a juvenile court, shall unless satisfied that it would be undesirable to do so] remit the case to a juvenile court acting for the place where the offender was committed for trial, or, if he was not committed for trial, to a juvenile court acting either for the same place as the remitting court or for the place where the offender [F159habitually resides]; and, where any such case is so remitted, the offender shall be brought before a juvenile court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.

[F160(2)Where any case is so remitted—

(a)the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161]

(3)A court by which an order remitting a case to a juvenile court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the juvenile court, and shall cause to be transmitted to the clerk of the juvenile court a certificate setting out the nature of the offence and stating that the offender has been found guilty thereof, and that the case has been remitted for the purpose of being dealt with under this section.

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C39S. 56 restricted by S.I. 1988/913, rule 11(1)

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162E+W+S
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F16358 Power of Secretary of State to send certain juvenile offenders to approved schools. E+W
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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 subsection (2) of section fifty-three of this Act; 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 school,

shall be transferred or sent to and detained in an approved school specified in the order; and any such order shall be an authority [F164for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine] 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 . . . F165 sentenced to detention under the said sub-section (2), than the date on which his detention would have expired;

(b)in the case of a young person who has been sentenced to imprisonment and pardoned as aforesaid, than three years from the date as from which his sentence began to run;

[F166(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.]

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59 Miscellaneous provisions as to summary proceedings against juvenile offenders.E+W

(1)The words “conviction” and “sentence” shall cease to be used in relation to [F167children and] young persons dealt with summarily and any reference in any enactment [F168whether passed before or after the commencement of this Act] to a person convicted, a conviction or a sentence shall, in the case of a [F167child or] young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

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60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171E+W
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61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172E+W
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62—76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173E+W
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Part IVE+W Remand Homes, Approved Schools, and Persons To whose care children and young persons may be committed

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Remand HomesE+W

77 Provision of remand homes by councils of counties and county boroughs.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

F175(2)The authority or persons reponsible for the management of any institution other than a prison may, subject in the case of an institution supported wholly or partly out of public funds to the consent of the Government department concerned, arrange with the council of a county or county borough for the use of the institution, or any part thereof, as a remand home upon such terms as may be agreed.

[F176F175(2A)The council of a county or county borough may contribute, towards the expenditure incurred by any society or person in establishing, enlarging or improving an institution for the purpose of its being used, in accordance with an arrangement with the council, as a remand home for that county or county borough, such sums and subject to such conditions, as the council think fit; and subsection (5) of section seventy-seven of the M9Criminal Justice Act 1948, shall apply to any sums so paid as it applies to the payments referred to in that subsection.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

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Marginal Citations

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178E+W
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Approved SchoolsE+W

F17979 Approval of schools. E+W
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Modifications etc. (not altering text)

C43Power to apply s. 79 conferred by Criminal Justice Act 1948 (c. 58), s. 49(2)

(1)The managers of any school intended for the education and training of persons to be sent there in pursuance of this Act may apply to the Secretary of State to approve the school for that purpose, and the Secretary of State may, after making such inquiries as he thinks fit, approve the school for that purpose and issue a certificate of approval to the managers.

F179(2)If at any time the Secretary of State is dissatisfied with the condition or management of an approved school, or considers its continuance as an approved school unnecessary, he may by notice served on the managers withdraw the certificate of approval of the school as from a date specified in the notice, not being less than six months after the date of the notice, and upon the date so specified (unless the notice is previously withdrawn) the withdrawal of the certificate shall take effect and the school shall cease to be an approved school:

Provided that the Secretary of State, instead of withdrawing the certificate of approval, may by a notice served on the managers of the school prohibit the admission of persons to the school for such time as may be specified in the notice, or until the notice is revoked.

F179(3)The managers of an approved school may, on giving six months’ notice in writing to the Secretary of State of their intention so to do, surrender the certificate of approval of the school, and at the expiration of six months from the date of the notice (unless the notice is previously withdrawn), the surrender of the certificate shall take effect, and the school shall cease to be an approved school.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180

F179(5)The Secretary of State shall cause any grant of a certificate of approval of an approved school, and any notice of the withdrawal of, or intention to surrender, such a certificate, to be advertised within one month from the date thereof in the London Gazette.

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C43Power to apply s. 79 conferred by Criminal Justice Act 1948 (c. 58), s. 49(2)

F18180 Provision of approved schools by local authorities.E+W

(1)A local authority may, with the approval of the Secretary of State, undertake, or combine with any other local authority in undertaking, or contribute such sums of money upon such conditions as they may think fit towards, the purchase, establishment, building, alteration, enlargement, rebuilding or management of an approved school:

Provided that, before giving his approval, the Secretary of State shall satisfy himself that the proposed expenditure is reasonable and, where it is proposed to purchase, build or establish a new school, that there is a deficiency of approved school accommodation which cannot properly be remedied in any other way.

(2)In the event of a deficiency of approved school accommodation, it shall be the duty of every local authority concerned to take, either alone or in combination with other local authorities, appropriate steps under this section to remedy the deficiency.

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81 Classification, administration, and management. E+W
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F182(1)The Secretary of State may classify approved schools according to the age of the persons for whom they are intended, the religious persuasion of such persons, the character of the education and training given therein, their geographical position, and otherwise as he thinks best calculated to secure that a person sent to an approved school is sent to a school appropriate to his case, or as may be necessary or the purposes of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

F182(3)The provisions set out in the Fourth Schedule to this Act shall have effect in relation to the administration of approved schools and the treatment of persons sent thereto.

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82—85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184E+W
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86—89.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185E+W
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90, 91.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186E+W
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Part VE+W

92, 93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187E+W
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94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188E+W
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95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189E+W
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Part VIE+W Supplemental

Local AuthoritiesE+W

96 Provisions as to local authorities. E+W
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Modifications etc. (not altering text)

C46Reference to expenses for general county purposes to be construed as reference to general expenses of a county council, and references to clerk of a local authority to be construed as reference to proper officer of a local authority: Local Government Act 1972 (c. 70), Sch. 29 Pt I paras. 3(a), 4(1)(a)

(1)Subject to the modifications hereinafter contained as to the City of London, where any powers or duties are by [F190Part II of this Act] conferred or imposed on local authorities (by that description) those powers and duties shall . . . F191 be powers and duties of local education authorities . . . F191.

[F192(1A)The local authorities for the purposes of Parts III and IV of this Act shall be the council of counties (other than metropolitan counties), of metropolitan districts and of London boroughs and the Common Council of the City of London.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

(3)Expenses incurred by a local authority in connection with powers and duties which are, under this Act, exercised and performed by them as local education authorities [F194shall be defrayed as expenses under the enactments relating to education].

(4)Expenses incurred under this Act by the council of a county or county borough, exclusive of any expenses to be defrayed [F194in accordance with] the last foregoing subsection . . . F191 shall be defrayed . . . F195 as expenses for general county purposes or, as the case may be, out of the general rate.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197

(7)[F198Subject to the provisions of [F199sections 2 and 3 of the M10Local Authority Social Services Act 1970 (which require certain matters to be referred to the social services committee and restrict the reference of other matters to that committee)]] a local authority may refer to a committee appointed for the purposes of this Act, or to any committee appointed for the purposes of any other Act, any matter relating to the exercise by the authority of any of their powers under this act and may delegate any of the said powers (other than any power to borrow money) to any such committee.

(8)A local authority, or a committee to whom any powers of a local authority under this Act have been delegated, may by resolution empower the clerk or the chief education officer of the authority to exercise in the name of the authority in any case which appears to him to be one of urgency any powers of the authority or, as the case may be, of the committee with respect to the institution of proceedings under this Act.

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Amendments (Textual)

F191Words repealed by Education Act 1944 (c.31),Sch.9 Pt.1

F197S. 96(6) repealed by London Government Act 1963 (c. 33). s. 93, Sch. 18 Pt. II

Modifications etc. (not altering text)

C46Reference to expenses for general county purposes to be construed as reference to general expenses of a county council, and references to clerk of a local authority to be construed as reference to proper officer of a local authority: Local Government Act 1972 (c. 70), Sch. 29 Pt I paras. 3(a), 4(1)(a)

Marginal Citations

97 Modifications of last foregoing section as to City of London.E+W

The last foregoing section shall, in its application to the City of London, have effect subject to the modifications that the powers and duties of a local authority under this Act . . . F200 as respects street trading and employment, shall be powers and duties of the Common Council and any expenses of the Common Council shall be defrayed out of the general rate:

Provided that—

(a)the powers and duties of a local authority with respect to the granting of licences for children to take part in entertainments shall be powers and duties of the . . . F201 local education authority . . . F202; and

(b)nothing in this section shall exempt the City of London from the liability to contribute towards the expenses incurred by the [F203local education authority] under this Act, . . . F200

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Amendments (Textual)

F202Words repealed by Education Act 1944 (c.31),Sch.9 Pt.1

[F20498†Institution of proceedings by local or poor law authorities.E+W
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Amendments (Textual)

Without prejudice to the last foregoing section, a local education authority may institute proceedings for any offence under Part I or Part II of this Act.]

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Modifications etc. (not altering text)

C49Unreliable marginal note.

Supplementary Provisions as to Legal ProceedingsE+W

99 Presumption and determination of age. E+W
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Modifications etc. (not altering text)

(1)Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a child or young person, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person, and, where it appears to the court that the person so brought before it has attained the age of seventeen years, that person shall for the purposes of this Act be deemed not to be a child or young person.

(2)Where in any charge or indictment for any offence under this Act or any of the offences mentioned in the First Schedule to this Act [F205except as provided in that Schedule], it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person, or to have been under or to have attained the specified age, as the case may be, he shall for the purposes of this Act be presumed at that date to have been a child or young person or to have been under or to have attained that age, as the case may be, unless the contrary is proved.

(3)Where, in any charge or indictment for any offence under this Act or any of the offences mentioned in the First Schedule to this Act, it is alleged that the person in respect of whom the offence was committed was a child or was a young person, it shall not be a defence to prove that the person alleged to have been a child was a young person or the person alleged to have been a young person was a child in any case where the acts constituting the alleged offence would equally have been an offence if committed in respect of a young person or child respectively.

(4)Where a person is charged with an offence under this Act in respect of a person apparently under a specified age it shall be a defence to prove that the person was actually of or over that age.

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Amendments (Textual)

Modifications etc. (not altering text)

100 Evidence of wages of defendant.E+W

In any proceedings under this Act a copy of an entry in the wages book of any employer of labour, or if no wages book be kept a written statement signed by the employer or by any responsible person in his employ, shall be evidence that the wages therein entered or stated as having been paid to any person, have in fact been so paid.

101 Application of Summary Jurisdiction Acts.E+W

(1)Subject to the provisions of this Act, all orders of a court of summary jurisdiction, whether a petty sessional court or not, under this Act shall be made, and all proceedings in relation to any such orders shall be taken, in manner provided by the Summary Jurisdiction Acts . . . F206

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207

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Amendments (Textual)

102†Appeals to quarter sessions.E+W
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Modifications etc. (not altering text)

C52Unreliable marginal note.

(1)Appeals to [F208the Crown Court] from orders of a court of summary jurisdiction under this Act may be brought in the following cases and by the following persons, that is to say—

(a), (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

(c), (d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

(e)in the case of an order requiring the owner of an automatic machine for the sale of tobacco or the person on whose premises such a machine is kept, to take precautions to prevent the machine being extensively used by persons apparently under the age of sixteen years or to remove the machine, by any person aggrieved;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

(2)Nothing in this section shall be construed as affecting the . . . F212 any other right of appeal conferred by this or any other Act.

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Amendments (Textual)

Modifications etc. (not altering text)

C52Unreliable marginal note.

Supplementary Provisions as to Secretary of StateE+W

F213103 Power of Secretary of State to appoint inspectors.E+W

The Secretary of State may appoint for the purposes of the enactments relating to children and young persons a chief inspector, and such number of inspectors to act under the direction of the chief inspector as the Treasury may approve, and may pay to the persons so appointed such remuneration and allowances as with the consent of the Treasury he may determine, and they shall perform such duties as the Secretary of State may from time to time direct.

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Amendments (Textual)

F214104 Exchequer grants and expenses of Secretary of State.E+W

(1)There shall be paid out of money provided by Parliament—

(a)such sums on such conditions as the Secretary of State with the approval of the Treasury may recommend towards—

(i)the expenses of the managers of an approved school;

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

(iii)the expenses of a council of a county or county borough in respect of remand homes;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

(c)any expenses incurred by the Secretary of State in the administration of this Act.

(2)The conditions on which any sums are paid under this section towards the expenses incurred in connection with the provision of a site for, or with the erection, enlargement, improvement or repair of, an approved school, may include conditions for securing the repayment in whole or in part of the sums paid in the event of the school ceasing to be an approved school, and, notwithstanding anything in the constitution of the school or of the managers thereof, or in the trusts, if any, to which the property of the school or of the managers is subject, the managers and any persons who are trustees of any of the said property may accept those sums on those conditions, and execute any instrument required for carrying into effect those conditions, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument.

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Amendments (Textual)

GeneralE+W

105 Variation of Orders in Council.E+W

An Order in Council under this Act may be revoked or varied by any subsequent Order in Council.

106 Provisions as to documents, &c. E+W
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Modifications etc. (not altering text)

(1)An order or other act of the Secretary of State under this Act may be signified under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary [F217or, in the case of a direction under section 53(1) or (2) above, of any authorised officer].

(2)A document purporting to be a copy—

(a)of an order made by a court under or by virtue of any of the provisions contained in sections fifty-six, fifty-seven and sixty-two to ninety of this Act or in the Fourth Schedule to this Act

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

shall, if it purports to be certified as a true copy by the clerk of the court, be evidence of the order.

(3)The production of a copy of the London Gazette containing a notice of the grant, or of the withdrawal or surrender, of a certificate of approval of an approved school shall be sufficient evidence of the fact of a certificate having been duly granted to the school named in the notice, or of the withdrawal or surrender of such a certificate, and the grant of a certificate of approval of an approved school may also be proved by the production of the certificate itself, or of a document purporting to be a copy of the certificate and to be authenticated as such by an Under-Secretary of State or Assistant Under-Secretary.

(4)Any notice or other document required or authorised by this Act to be served on the managers of an approved school may, if those managers are a local authority or a joint committee representing two or more local authorities, be served either personally or by post upon their clerk, and in any other case, may be served either personally or by post upon any one of the managers, or their secretary, or the headmaster of the school.

(5)An order, licence, or other document may be authenticated on behalf of the managers of an approved school, if they are a local authority or a joint committee representing two or more local authorities, by the signature of their clerk or some other officer of the local authority duly authorised in that behalf, and in any other case, by the signature of one of the managers or their secretary, or of the headmaster.

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Amendments (Textual)

Modifications etc. (not altering text)

C54Power to apply s. 106(3) conferred by Criminal Justice Act 1948 (c. 58), s. 49(2)

107 Interpretation.E+W

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—

  • [F220Approved school” means a school approved by the Secretary of State under section seventy-nine of this Act;]

  • [F220Approved school order” means an order made by a court sending a . . . F221 person to an approved school;]

  • F222 . . .

  • “Chief officer of police” [F223as regards England has the same meaning as in the M11Police Act 1964], as regards Scotland has the same meaning as in [F224the M12Police (Scotland) Act 1967], and as regards Northern Ireland means a district inspector of the Royal Ulster Constabulary;

  • Child” means a person under the age of fourteen years;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225

  • Guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognisance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the [F226care of] the child or young person;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227

  • “Intoxicating liquor” [F228has the same meaning as in the M13Licensing Act 1964]

  • [F229Legal guardian”, in relation to a child or young person, means a guardian of a child as defined in the Children Act 1989]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F231

  • Place of safety” means [F232a community home provided by a local authority or a controlled community home, any] police station, or any hospital, surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child or young person;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233

  • Prescribed” means prescribed by regulations made by the Secretary of State;

  • Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234

  • Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

  • Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

(3)References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.

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Amendments (Textual)

F222Definitions in s. 107(1) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).

F223Words substituted by Police Act 1964 (c. 48), Sch. 9

F225Definition repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F226Words in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(a),( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F229Definition in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(b) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F230Definitions repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6 and spent

Modifications etc. (not altering text)

C55Definition of “Chief officer of police”amended by S. R. & O. (N.I.) 1970 No. 111, reg. 6(b)

Marginal Citations

108 Transitory provisions.E+W

(1)Without prejudice to the provisions of [F236the M14Interpretation Act 1978] with respect to repeals, the transitory provisions set out in the Fifth Schedule to this Act shall have effect for the purposes of the transition to the provisions of this Act from the provisions of the enactments repealed by the M15Children and Young Persons Act 1932, and by this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

(4)References in any Act or other document to juvenile courts under the M16Children Act 1908, shall be construed as including references to such courts under this Act.

(5)References in any Act or other document to any enactment repealed and re-enacted with or without modifications by this Act (except references in Part VI of the Children Act 1908, or Part VI of the Children and Young Persons Act 1932) shall be construed as including references to the corresponding provision of this Act.

(6)The reference in the First Schedule to this Act to any offence under sections one, two, three, eleven or twenty-three of this Act shall be construed as including a reference to any offence under the Dangerous Performances Acts 1879 and 1897, or under Part II of the M17Children Act 1908.

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Amendments (Textual)

F236Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

109†Short title, commencement, extent, and repeals.E+W
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Modifications etc. (not altering text)

C56Unreliable marginal note.

(1)This Act may be cited as the Children and Young Persons Act 1933.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238

(3)Save as therein otherwise expressly provided, this Act shall not extend to Scotland or Northern Ireland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238

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Amendments (Textual)

Modifications etc. (not altering text)

C56Unreliable marginal note.

SCHEDULES

Sections 13, 14, 15, 40, 41, 42, 43, 63, 67, 99 and 108.

FIRST SCHEDULEE+W Offences against Children and Young Persons, with respect to which Special Provisions of this Act apply

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Modifications etc. (not altering text)

The murder or manslaughter of a child or young person.

Infanticide.

Any offence under sections twenty-seven, . . . F239 or fifty-six of the Offences against the M18Person Act 1861, and any offence against a child or young person under sections five, . . . F240 . . . F239 of that Act. . . . F239

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Amendments (Textual)

Marginal Citations

[F241Common assault, or battery.] . . . F242

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Amendments (Textual)

Any offence under sections one, . . . F239 three, four, eleven or twenty-three of this Act.

[F243Any offence against a child or young person under any of the following sections of the M19Sexual Offences Act 1956, that is to say sections two to seven, ten to sixteen, nineteen, twenty, twenty-two to twenty-six and twenty-eight, and any attempt to commit against a child or young person an offence under section two, five, six, seven, ten, eleven, twelve, twenty-two or twenty-three of that Act: Provided that for the purposes of subsection (2) of section ninety-nine of this Act this entry shall apply so far only as it relates to offences under sections ten, eleven, twelve, fourteen, fifteen, sixteen, twenty and twenty-eight of the M20Sexual Offences Act 1956, and attempts to commit offences under sections ten, eleven, and twelve of that Act.]

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Amendments (Textual)

Marginal Citations

Any other offence involving bodily injury to a child or young person.

[F244SCHEDULE 2]E+W CONSTITUTION OF JUVENILE COURTS

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Amendments (Textual)

Modifications etc. (not altering text)

C59References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

Part IE+W Outside Metropolitan Area

Juvenile court panelsE+W

1The following provisions of this Part of this Schedule shall have effect as respects any area outside the metropolitan stipendiary court area and the City of London.

2A justice shall not be qualified to sit as a member of a juvenile court unless he is a member of a juvenile court panel, that it to say, a panel of justices specially qualified to deal with juvenile cases.

over 31/08/2000

[F245 Constitution by single District Judge (Magistrates’ Courts)]E+W

[F2462AA youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

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Amendments (Textual)

[F247Youth court panels.]E+W

3Subject to the following provisions of this Part of this Schedule, a juvenile court panel shall be formed for every petty sessions area.

Combined juvenile court panelsE+W

4A magistrates’ courts committee may make recommendations to the Secretary of State—

(a)for the formation of a combined juvenile court panel for two or more petty sessions areas, or

(b)for the dissolution of any such combined juvenile court panel,

if the committee’s area comprises at least one of the petty sessions areas concerned.

5It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the Secretary of State, to review the functioning of juvenile courts in their area and on completion of the review to submit to the Secretary of State either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

6Subject to the provisions of this Schedule—

(a)where a magistrates’ courts committee make such recommendations to the Secretary of State, he may make an order giving effect to them subject to any modifications he thinks fit; and

(b)where a magistrates’ courts committee fail to comply within six months with a direction of the Secretary of State under the preceding paragraph, or the Secretary of State is dissatisfied with the report submitted in pursuance of such a direction, he may make such order as he thinks fit for the purposes mentioned in paragraph 4 of this Schedule.

Effect of order establishing combined panelE+W

7Where a combined juvenile court panel is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a juvenile court.

Restrictions on formation of combined panelsE+W

8No order under this Schedule shall provide for the formation of a combined juvenile court panel for an area which includes—

(a)a county or part of a county and the whole or part of another county; . . . F248

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F248

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Amendments (Textual)

F248Word and para. 8(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

[F2498AIn paragraph 8 above, a reference to a county or part of a county includes a reference to an outer London area (within the meaning of section 2 of the Justices of the Peace Act 1979) or part of such an area.]

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Amendments (Textual)

F249Sch. 2 para. 8A inserted by S.I. 1985/1383, art. 8, Sch. para. 1, for the purposes of para. (3)(c)(i) of that S.I.

9An order under this Schedule providing for the formation of a combined juvenile court panel for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Consultations and noticesE+W

10A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

(a)the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and

(b)any other magistrates’ courts committee the whole or part of whose area is concerned;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11Where the Secretary of State proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

12Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the Secretary of State shall, before making an order, consider any representations made to him by the justices or committee, or by any juvenile court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Part IIE+W Metropolitan Area

13The following provisions of this Part of this Schedule shall have effect as respects [F250the inner London area] and the City of London (in this Part of this Schedule referred to as the metropolitan area).

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Amendments (Textual)

14Juvenile courts shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the Secretary of State may by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

15Subject to the following provisions of this Schedule—

(a)each juvenile court shall consist of a chairman and two other members and shall have both a man and a woman among its members;

(b)the chairman shall be a person nominated by [F251the Lord Chancellor] to act as chairman of juvenile courts for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F252a lay justice for the inner London area] selected, in such manner as may be provided by an order of [F251the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c)the other members shall be justices so selected from that panel.

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Amendments (Textual)

Modifications etc. (not altering text)

C60Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

[F25315A(1)Where, in the the case of any sitting of a juvenile court, a person nominated under paragraph 15(b)of this Schedule—

(a)is available to act as chairman; but

(b)considers that it would be appropriate for another member of the court to act as chairman,

he may nominate that member to act as chairman at that sitting.

(2)A member of a juvenile court nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.]

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Amendments (Textual)

16If at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a juvenile court, any metropolitan stipendiary magistrate or, with the consent of [F254the Lord Chancellor] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

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Amendments (Textual)

Modifications etc. (not altering text)

C61Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

17Where it appears to the chairman that a juvenile court cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) or, if a metropolitan stipendiary magistrate, may sit alone.

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Modifications etc. (not altering text)

C62Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

18[F255The Lord Chancellor], in nominating any persons under this Part of this Schedule shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases; and every such nomination shall be for a specified period and shall be revocable by [F256the Lord Chancellor].

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Amendments (Textual)

Modifications etc. (not altering text)

C63Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

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Amendments (Textual)

Part IIIE+W General

20An order of the Secretary of State under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

21Any such order may contain supplementary, incidental and consequential provisions.

over 03/04/2006

22The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.

F258F258THIRD SCHEDULEE+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F258

Sections 81 and 106.

FOURTH SCHEDULEE+W Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto

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Modifications etc. (not altering text)

C64Sch. 4 (except paras. 1-3, 7, 14) extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)

General ProvisionsE+W

F2591(1)The Secretary of State may make rules for the management and discipline of approved schools, and different rules may be made as respects different schools or classes of school.E+W

(2)The managers of an approved school may make supplementary rules for the management and discipline of the school, but rules so made shall not have effect unless approved by the Secretary of State.

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Amendments (Textual)

F2602No substantial addition to, or diminution or alteration of, the buildings or grounds of an approved school shall be made without the approval in writing of the Secretary of State.E+W

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Amendments (Textual)

Treatment of PupilsE+W

F2613A minister of the religious persuasion to which a person in an approved school belongs may visit him at the school on such days, at such times, and on such conditions, as may be fixed by rules made by the Secretary of State for the purpose of affording him religious assistance and instruction.E+W

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Amendments (Textual)

4—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F262E+W

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Amendments (Textual)

Superannuation of OfficersE+W

F26314The Managers of any approved school may, as part of the expenses of the management of the school, pay, or contribute towards the payment of—E+W

(a)a superannuation allowance or gratuity—

(i)to any officer who retires by reason of old age or permanent infirmity of mind or body;

(ii)to any officer, who, in accordance with the terms of his appointment, is required to vacate his office by reason of the death, or the retirement on account of old age or permanent infirmity, of another officer.

(b)a gratuity to any dependant of an officer who has died in the service of the school:

Provided that no payment or contribution in respect of any such superannuation allowance or gratuity shall be made unless it is made in accordance with rules approved by the Secretary of State with the concurrence of the Treasury for regulating the grant of such allowances and gratuities, or unless it is specially sanctioned by the Secretary of State.

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Amendments (Textual)

Modifications etc. (not altering text)

Section 103.

FIFTH SCHEDULEE+W Transitory Provisions

1Any Order in Council, order, or regulation made, any certificate given, any deposition taken, and anything done, under any enactment repealed by this Act shall, for the purposes of this Act, be deemed to have been made, given, taken or done, under the corresponding provisions of this Act.E+W

2Any rule, byelaw, warrant or licence under any enactment repealed either by the M21Children and Young Persons Act 1932 (hereinafter referred to as the Act of 1932) or by this Act and re-enacted, with or without modifications, by this Act shall have the like effect, and the like proceedings may be had thereon and in respect thereof, as if it had been made, made and confirmed, or granted, under this Act:E+W

Provided that this paragraph shall not apply to rules made under section fifty-four of the M22Children Act 1908 (hereinafter referred to as the Act of 1908) for the management and discipline of a certified school or to byelaws made under section ninety-one of the M23Education Act 1921, with respect to street trading.

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Marginal Citations

3Any person who at the commencement of the Act of 1932 is under section twenty of the Act of 1908 being detained in a place of safety may be so detained until he can be brought before a juvenile court under this Act.

4Nothing in this Act or in the Act of 1932 shall render invalid any summons pending at the commencement of that Act for bringing a child or young person before a petty sessional court with a view to his being committed under section twenty-one or under Part IV of the Act of 1908 to the care of a relative or other fit person or with a view to his being sent to a certified school, but the petty sessional court before which the child or young person is brought under the summons, if it is constituted as a juvenile court, shall proceed as if he had been brought before it as being a child or young person in need of care or protection, and if it is not constituted as a juvenile court, shall adjourn the case until it can be so constituted and shall then proceed as aforesaid.

5Where before the commencement of the Act of 1932 an order has been made under the Act of 1908 or under section forty-five of the Education Act 1921, committing a child or young person to the care of a relative or other fit person, this Act shall have effect in relation to the child or young person as if the order were an order made under this Act:

Provided that notwithstanding anything in this Act the order shall not have effect for any longer period than the period for which it would have had effect if neither this Act nor the Act of 1932 had passed.

6This Act shall apply in relation to a school which at the commencement of the Act of 1932 was a certified reformatory school or a certified industrial school as if the certificate for the school were a certificate of approval issued under this Act.

7The Secretary of State may, if he thinks fit, approve for the purposes of this Act any school which on the twelfth day of July nineteen hundred and thirty-two was a certified day industrial school, and if he so approves any such school the provisions of this Act shall apply in relation to that school and to children previously sent or thereafter to be sent thereto, subject to such adaptations, modifications and exceptions as he may from time to time by order direct.

8Where a child or young person had at the commencement of the Act of 1932 been ordered to be sent to a certified school but has not reached his school, the like proceedings may be had and the like things done for the purpose of securing that he is sent to a school, and with respect to his custody in the meantime, as might have been had or done if neither this Act nor the Act of 1932 had passed.

9Subject to the provisions of this Schedule, this Act shall apply in relation to persons who at or after the commencement of the Act of 1932 are lawfully detained in, or out on licence or under supervision from, or are absentees from, a certified school, as if they were persons detained in, or out on licence, or under supervision from, or absentees from, an approved school under the provisions of this Act:

Provided that the periods for which such persons are liable to be detained in approved schools and to remain under the supervision of the managers shall (except so far as increased by virtue of the provisions of this Act relating to persons guilty of misconduct in schools or of escaping running away or refusing to return when recalled) be such as if neither this Act nor the Act of 1932 had passed.

10Where a child or young person has before the commencement of the Act of 1932 been ordered to be sent to a certified school, it shall be the duty of the local authority, if any, who under the Act of 1908 were liable to provide for his reception and maintenance in the school to make such contributions in respect of him as would by this Act be required to be made if he had been sent to the School under an approved school order and they were the local authority named in that order as being the authority within whose district he was resident: and if in any such case as aforesaid—

(a)it had not been determined at the commencement of the Act of 1932 who are the authority who are responsible as aforesaid; or

(b)proceedings might but for the passing of this Act and the Act of 1932 have been had for varying a determination as to that question,

the like proceedings may be had for determining the question and for varying any determination in respect thereof as might have been had if neither this Act nor the Act of 1932 had passed.

11Where a child or young person has before the commencement of the Act of 1932 been ordered to be sent to a certified school at the instance of a poor law authority or of the managers of a district poor law school, the poor law authority concerned shall be under the like obligation to make contributions to the expenses of the managers of the school as they would be under if he had been sent to the school by virtue of an approved school order made on their application in their capacity as a poor law authority.

12Where before the commencement of the Act of 1932 a child or young person has been committed to the care of a relative or other fit person or has been ordered to be sent to a certified school and an order is in force at the commencement of the said Act requiring any person liable to maintain him to contribute to his maintenance, or requiring the whole or any part of any payment under an affiliation order to be paid to a person named in the order, this Act shall apply in relation to the order as if it had been made under this Act, and where the order provides for the making of payments to the chief inspector of reformatory and industrial schools it shall, by virtue of this Act and without more, be deemed to provide that the payments shall be made to the council of the county or county borough within which the person liable to make the payments is from time to time resident.

13Where in pursuance of section fifty-three of the Act of 1908 a child has been boarded out by the managers of a certified school, this Act shall apply in relation to that child—

(a)if the managers are a local authority, as if he had been committed under this Act to their care and had been boarded out by them under this Act;

(b)if the managers are not a local authority, as if he were out on licence from the school.

14Where before the commencement of the Act of 1932 a child or young person has entered into a recognisance under the proviso to subsection (4) of section fifty-eight of the Act of 1908 or under section sixty of that Act, the provisions of section sixty-six of this Act shall apply as if such an order as is mentioned in that section had been made placing him under the supervision of a probation officer, and the recognisance shall cease to have effect.

15The repeal by the Act of 1932 of the provisions of the Act of 1908 relating to places of detention shall not render illegal the custody of a child or young person in such a place unless and until a remand home for the area in question has been provided in substitution therefor, and when such a home has been provided, the children or young persons in custody in the place of detention shall be transferred to and kept in custody in the home.

F264F264SIXTH SCHEDULEE+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F264

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