Commentary on Provisions
Part 2 – criminal justice and procedure
Safeguards for children involved in criminal proceedings
Section 16 – steps to safeguard welfare and safety of children in criminal proceedings
72.Section 50(6) of the 1995 Act requires every criminal court dealing with an offender who is a child to have regard to the welfare of the child. Section 16 adds a new subsection (7), which modifies this duty by requiring the court to consider what steps might be taken to facilitate the child’s participation in the court proceedings while safeguarding the child’s welfare. In addition, the court must take the steps it identifies unless it is not reasonably practicable to do so.
73.Section 16 also inserts new section 70B into the 1995 Act. Section 70B will make, for solemn proceedings, equivalent provision to that already made for summary proceedings by section 142 of the 1995 Act. Section 142 requires the court, dealing with a child accused of an offence, to sit in a different building or room from that usually used or to sit on different days from other courts in the building and to take other steps to modify the court proceedings. Section 70B(1) gives the court power to do this in solemn cases but leaves it to the discretion of the court whether and how to do so. In addition, section 70B(2) gives the court power to direct that the court be cleared except for essential persons, including representatives of the press. But the general public will be excluded. Section 70B(4) also makes provision for court proceedings in which a child is accused along with an adult in the same proceedings, requiring the court to ensure that the adult accused can participate effectively in the proceedings.
74.Section 142 of the 1995 Act, which makes provision along the same lines as section 70B, but for summary proceedings, does not contain provision equivalent to section 70B(4). Section 16 inserts new section 142A into the 1995 Act which makes that equivalent provision. Section 142A gives power to the court, dealing with a child accused of an offence who is accused along with an adult in the same proceedings, to sit in a different building or room from that usually used or to sit on different days from other courts in the building. Section 142A(2) also gives the court power to direct that the court be cleared except for essential persons, including representatives of the press. But the general public will be excluded. In taking any of these steps or making any direction, the court must ensure that the adult accused along with the child can participate effectively in the proceedings.
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