Children and Young Persons Act 1933 (c. 12)

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 (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)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

[F1 34 Attendance at court of parent of child or young person charged with an offence, &c. E+W

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (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 inF4 . . . [F5 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.

[F6 (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.]

[F7 (7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, 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 . . . in the case of a child or young person in the care of a local authority, a reference to that authority; F9 . . .

• F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F1 S. 34 substituted by Children and Young Persons Act 1963 (c. 37), s. 25(1)

F2 S. 34(1) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 56, 101(1)(2), Sch. 12 para. 14, Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

F3 S. 34(2)–(11) substituted for s. 34(2) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 57

F4 Words in s. 34(7) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 2(2), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(u)(i)

F5 Words 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).

F6 S. 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).

F7 S. 34(7B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 2(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(i)

F8 Word "(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)

F9 Words 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)

Modifications etc. (not altering text)

C2 S. 34(2)-(7)(8)(9) applied (with modifications) (2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I paras. 1, 3(3); s. 34(2)-(7)(8)(9) applied by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

C3 S. 34 applied (2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I para. 3(4); s. 34 applied by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3(4) as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(d)

C4 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C5 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C6 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C7 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C8 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C9 S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C10 S. 34(8)(9) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C11 S. 34(8)(9) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes