Children and Young Persons Act 1933

Part III U.K. Protection of Children and Young Persons in relation to Criminal and Summary Proceedings

Modifications etc. (not altering text)

C1 Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)

General Provisions as to Preliminary Proceedings E+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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 33, 52 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

[F3 34 Attendance at court of parent of child or young person charged with an offence, &c. E+W

(1) Where a child or young person is charged with any offence [F4 is 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.

[F5 (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 being 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 M1 Children and Young Persons Act 1969 [F6 or 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.

[F7 (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 —

[F8 (a)] in the case of a child or young person in the care of a local authority, a reference to that authority; [F8 and

(b) in the case of a child or young person in the care of a voluntary organisation in which parental rights and duties with respect to him are vested by virtue of a resolution under section 64(1) of the M2 Child Care Act 1980, a reference to that organisation.]

(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]]

Textual Amendments

F3 S. 34 substituted by Children and Young Persons Act 1963 (c. 37), s. 25(1)

F4 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 6(1). Sch. 14 para. 1(1)

F5 S. 34(2)–(11) substituted for s. 34(2) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 57

F6 Words added (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 6(2), Sch. 14 para. 1(1)

F7 S. 34(7A) inserted (prosp.) by Children Act 1989 (c. 41 , SIF 20), s. 108(2)(5)(6), Sch. 13 para. 6(3), Sch. 14 para. 1(1)

F8 Word "(a)" and the words from "and (b)" to the end repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Marginal Citations

M1 1969 c.54 (20).

M2 1980 c. 5 (20).

Valid from 01/10/1992

[34A F9 Attendance 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.]

Textual Amendments

F9 S. 34A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss.56, 101(2), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

General Provisions as to Proceedings in Court E+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 M3 Indictable 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:

. . . F11

(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.

Textual Amendments

F11 Proviso repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 34(1), 170(2), Sch. 16

Marginal Citations

M3 1848 c. 42.

39 Power to prohibit publication of certain matter in newspapers. E+W

(1) In relation to any proceedings in any court . . . F12 , 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 [F13 by 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 [F14 level 5 on the standard scale].

Textual Amendments

F12 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F13 Words substituted by Children and Young Persons Act 1963 (c. 37), s. 57(1)

F14 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C2 S. 39 extended by Children and Young Persons Act 1963 (c. 37), s. 57(3)(4) (as amended (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 79(10), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 64 (with Sch. 2 para. 5))

C3 S. 39 extended with modifications by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 4(3)

Special Procedure with regard to Offences specified in First Schedule E+W

[F15 40 Warrant to search for or remove a child or young person. E+W

(1) If it appears to a justice of the peace on information on oath laid by any person who, in the opinion of the justice, is acting in the interests of a child or young person, that there is reasonable cause to suspect—

(a) that the child or young person has been or is being assaulted, ill-treated, or neglected in any place within the jurisdiction of the justice, in a manner likely to cause him unnecessary suffering, or injury to health; or

(b) that any offence mentioned in the First Schedule to this Act has been or is being committed in respect of the child or young person,

the justice may issue a warrant authorising any constable . . . F16 to search for the child or young person, and, if it is found that he has been or is being assaulted, ill-treated, or neglected in manner aforesaid, or that any such offence as aforesaid has been or is being committed in respect of him, [F17 to take him to a place of safety, or authorising any constable to remove him with or without search to a place of safety, and a child or young person taken to a place of safety in pursuance of such a warrant may be detained there] until he can be brought before a juvenile court.

(2) A justice issuing a warrant under this section may by the same warrant cause any person accused of any offence in respect of the child or young person to be apprehended and brought before a court of summary jurisdiction, and proceedings to be taken agaist him according to law.

(3) Any constable authorised by warrant under this section to search for any child or young person, or to remove any child or young person with or without search, may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove him therefrom.

(4) Every warrant issued under this section shall be . . . F16 executed by a constable, who shall be accompanied by the person laying the information, if that person so desires, unless the justice by whom the warrant is issued otherwise directs, and may also, if the justice by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner.

(5) It shall not be necessary in any information or warrant under this section to name the child or young person.]

Textual Amendments

F15 S. 40 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(4)(6)(7), Sch. 12 para. 3, Sch. 14 para. 27(4), Sch. 15

F16 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I

F17 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 11

Modifications etc. (not altering text)

C4 S. 40 amended by Adoption Act 1958 (7 & 8 Eliz. 2 c. 5), s. 45, Children and Young Persons Act 1963 (c. 37), s. 23; amended by Adoption Act 1976 (c. 36), ss. 37(1), 74(2) and (1.4.1981) by Child Care Act 1980 (c. 5), s. 75(3), and Foster Children Act 1980 (c. 6), s. 13(2)

C5 S. 40 modified (E.W.)(prosp.)by Children's Homes Act 1982 (c. 20, SIF 20), ss. 9(5), 16(2)

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 M4 Indictable 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.

Marginal Citations

M4 1848 c. 42.

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

44 General considerations. E+W

(1) Every court in dealing with a child or young person who is brought before it, either as . . . F18 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F18 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F19 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

Youth Courts U.K.

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.

[F20 (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 [F21 section 12 of the M5 Magistrates’ 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F20 S. 46(1A) inserted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 4

F21 Words substituted by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 7 para 6

F22 Ss. 46(3), 47(3), 101(2) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. II

Modifications etc. (not altering text)

C6 S. 46(1) excluded by Children and Young Persons Act 1963 (c. 37), s. 18, Criminal Law Act 1977 (c. 45), s. 34(1) and Magistrates' Courts Act 1980 (c. 43), ss. 29(1), 155(7)

Marginal Citations

M5 1980 c. 43.

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 [F23 not 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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F23 Words substituted by Children and Young Persons Act 1963 (c. 37), s. 17(2)

F24 S. 47(2) proviso repealed by Justices of Peace Act 1949 (c. 101), Sch. 7 Pt. III

F25 Ss. 46(3), 47(3), 101(2) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. II

Modifications etc. (not altering text)

C7 S. 47(2) restricted by Adoption Act 1958 (7 & 8 Eliz. 2 c. 5), s. 47; restricted by Adoption Act 1976 (c. 36), s. 37(4), and (1.4.1981) Foster Children Act 1980 (c. 6), s. 14(1). (Foster Children Act 1980 (c.6) repealed (14.10.1991) by Children Act 1989 (c.41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch. 15; S.I. 1991/828, art. 3(2))

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

(1) A juvenile court sitting for the purpose of hearing a charge against, . . . F26 , 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 . . . F26 notwithstanding that it is discovered that the person in question is not a child or young person.

F27 [(2) The attainment of the age of seventeen years by . . . F28 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 . . . F28 the commission of a further offence . . . F28 .

(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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 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 [F31 the 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,

[F31 the 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F26 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F27 S. 48(2) substituted by Criminal Justice Act 1948 (c. 58), Sch. 9

F28 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F29 Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

F30 Words repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

F31 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), Sch. 3 Pt. I para. 4

F32 S. 48(6) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. III

49 Restrictions on newspaper reports of proceedings in juvenile courts. E+W

(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 [F33 appropriate to do so for the purpose of avoiding injustice to a child or young person], by order dispense with the requirements of this section [F34 in 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 [F35 level 5 on the standard scale].

Textual Amendments

F33 Words substituted by Children and Young Persons Act 1969 (c. 54), s. 10(1)(c)

F34 Words inserted by Children and Young Persons Act 1969 (c. 54), s. 10(1)(c)

F35 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C8 S. 49 extended with modifications by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 4(3)

C9 S. 49 extended by Children and Young Persons Act 1963 (c. 37), s. 57(2)

C10 S. 49(1) extended by Children and Young Persons Act 1969 (c. 54), s. 10(1)(2)

Juvenile Offenders E+W+S

50 Age of criminal responsibility. E+W

It shall be conclusively presumed that no child under the age of [F36 ten] years can be guilty of any offence.

Textual Amendments

F36 Word substituted by Children and Young Persons Act 1963 (c. 37), s. 16(1)

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W

Textual Amendments

F37 Ss. 1(4), 51 repealed by Criminal Law Act 1967 (c. 58), s. 12, Sch. 3 Pt. III

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W

Textual Amendments

F38 Ss. 33, 52 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

53 Punishment of certain grave crimes. E+W

[F39 (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.]

[F40 (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 [F41 not 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 . . . F42 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F39 S. 53(1) substituted by Murder (Abolition of Death Penalty) Act 1965 (c. 71), s. 1(5)

F40 Words in s. 53(2) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 126

F41 Words inserted by Criminal Justice Act 1961 (c. 39), s. 41(3), Sch. 4

F42 Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

F43 S. 53(4) repealed by Criminal Justice Act 1967 (c. 80), s. 102, Sch. 7 Pt. I

Modifications etc. (not altering text)

C11 S. 53 modified by Criminal Justice Act 1967 (c. 80), ss. 61, 62; extended by Children and Young Persons Act 1969 (c. 54), s. 30(1)

C12 S. 53(2) restricted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 3(1)

C13 Power to repeal in part conferred by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 69(5)

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

[F45 55 Power to order parent or guardian to pay fine, etc. E+W

(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.

[F46 (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.]

Textual Amendments

F45 S. 55 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 26

F46 S. 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

(1) Any court by or before which a [F47 child or] young person is found guilty of an offence other than homicide, may, [F48 and, 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 [F49 habitually 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.

[F50 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 ]

(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.

Textual Amendments

F47 Words repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6

F48 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 14(1)

F49 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 6

F50 S. 56(2) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 14(2)

F51 S. 56(2)(b) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

Modifications etc. (not altering text)

C14 S. 56 restricted by S.I. 1988/913, rule 11(1)

C15 S. 56 amended by Children and Young Persons Act 1969 (c. 54), s. 7(8)

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 E+W+S

Textual Amendments

F52 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

F53 58 Power of Secretary of State to send certain juvenile offenders to approved schools. E+W

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 [F54 for 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 . . . F55 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;

[F56 (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.]

Textual Amendments

F53 S. 58 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

F54 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 13

F55 Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

F56 S. 58 proviso(c) added by Criminal Justice Act 1948 (c. 58), Sch. 9

Modifications etc. (not altering text)

C16 S. 58 extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)

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 [F57 children and] young persons dealt with summarily and any reference in any enactment [F58 whether passed before or after the commencement of this Act] to a person convicted, a conviction or a sentence shall, in the case of a [F57 child 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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F57 Words repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6

F58 Words inserted by Criminal Justice Act 1948 (c. 58), Sch. 9

F59 S. 59(1) proviso repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

F60 S. 59(2) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61 E+W

Textual Amendments

F61 S. 60 and Sch. 3 repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62 E+W

Textual Amendments

F62 Ss. 14(3), 22, 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

62—76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63 E+W

Textual Amendments

F63 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6