Children and Young Persons Act 1933

26 Punishment of contraventions of last foregoing section and proceedings with respect thereto. E+W+S+N.I.

(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 [F1 level 3 on the standard scale], or, alternatively, , . . . F2 or in addition thereto, to imprisonment for any term not exceeding three months:

Provided that if he procured [F3 the 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 [F4 a child] to go abroad and that

[F5 (a)] [F6 that child] has while abroad been singing, playing, performing, or being exhibited, for profit, [F7 or

(b) that child has while abroad taken part in a sport, or worked as a model, and payment in respect of his doing so, other than for defraying expenses, was made to him or to another person,]

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 [F8 the 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

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Amendments (Textual)

F1 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F2 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F3 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(a)

F4 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(i)

F5 S. 26(2): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 6(a).

F6 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(ii)

F7 S. 26(2)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 6(b).

F8 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(iii)

F9 S. 26(5) repealed (S.) by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 83(3), Sch. 8 & (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 47, 95), s. 119, Sch. 7 Pt. V

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

Modifications etc. (not altering text)

C1 S. 26 extended by Children and Young Persons Act 1963 (c. 37), s. 42(1)