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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

71Enlargement of powers of courts under the Children and Young Persons (Scotland) Act, 1937

(1)The Children and Young Persons (Scotland) Act, 1937 (hereafter in this section referred to as the Act of 1937) shall have effect as if the powers conferred on a juvenile court by section sixty-eight of that Act (which enables a juvenile court to make certain orders in relation to refractory children and young persons) included a power to make (without making any other order or in addition to making an order placing the child or young person under the supervision of a probation officer or of some other person appointed for the purpose by the court) an order committing the child or young person to the care of any fit person whether a relative or not who is willing to undertake the care of him.

(2)The power of a juvenile court under section eighty-eight of the Act of 1937 to revoke an order committing a child or young person to the care of a fit person shall include a power to substitute for that order an order placing the child or young person for a specified period not exceeding three years under the supervision of a probation officer or of some other person appointed for the purpose by the court and section seventy of the Act of 1937 shall apply in relation to the substituted order as if it were an order made under Part IV of that Act.

(3)Where any court before which a child or young person is brought upon an application for an order under any of the provisions of sections sixty-six to seventy of the Act of 1937 is not in a position to decide what order ought to be made, the court may (whether or not it also makes an interim order under subsection (2) of section seventy-one of that Act) record a finding of the fact that the child or young person is in need of care or protection or is beyond the control of his parent or guardian or is refractory as the case may be; and the said record shall be admissible as evidence of that fact for the purpose of any further hearing of that application.

(4)Where with respect to a child or young person who is being detained in a place of safety under an interim order having effect by virtue of subsection (2) of section seventy-one of the Act of 1937 the court by which the order was made is satisfied on any occasion that by reason of illness or accident he is unable to appear personally before the court any further interim order which the court has power to make on that occasion may be made in the absence of the child or young person.

(5)If at any time while there is in force an order made by a court under section forty-one, section fifty-eight, section seventy-one or section seventy-three of the Act of 1937 or section twenty-eight of this Act for the detention of a child or young person in a remand home or in some other place of safety the child or young person is found by reason of illness or accident or for any other reason to be in need of any medical treatment or examination which cannot properly be given or made in the remand home or other place of safety, the person in charge of the remand home or other place of safety may remove the child or young person therefrom to any place of safety being a place in which the necessary treatment or examination can be given or made; and the order shall so long as it remains in force—

(a)apply to the child or young person as if whilst being so removed to the last mentioned place of safety, whilst detained therein for the giving of treatment or the making of the examination and whilst being taken back to the place from which he was so removed he continued to be detained in the remand home or other place of safety specified in the order ; and

(b)be deemed to authorise the child or young person to be taken to the court from any place to which he has lawfully been removed by virtue of this subsection.

(6)Whenever in pursuance of the last preceding subsection a child or young person is removed from any remand home or other place of safety for his detention in which such an order as is mentioned in that subsection has been made, being an order in force at the time of the removal, the person by whom he is so removed shall forthwith give written notice of the fact to the clerk of the court by which the order was made:

Provided that this subsection shall not apply in relation to the removal under the last foregoing subsection of a child or young person who returns to the remand home or place of safety on the day on which he is so removed.

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