The Criminal Justice (Children) (Northern Ireland) Order 1998

PART IINTRODUCTORY

1Title and commencement

2Interpretation

3Age of responsibility

3AYouth conferences

3BYouth conference rules

3CYouth conference plans

Art.4 rep. by 2002 c. 26

5Words not to be used in relation to children dealt with summarily

PART IIIARREST AND DETENTION

6Child arrested in pursuance of warrant to be released

7Child apparently under 14 arrested without warrant for offence other than homicide to be released

8Child not released under Article 7

9Separation of child in police detention from adults charged with offences

10Duty to inform person responsible for welfare of child in police detention

PART 3ADIVERSIONARY YOUTH CONFERENCES

10ADiversionary youth conferences

10BReferences: supplementary

10CRecommendations: supplementary

10DPlans: compliance and variation

PART IVCRIMINAL PROCEEDINGS

11Notice of charges against child

12Release on bail

13Remand in custody

14Power to enforce attendance of child

15Attendance of parent or guardian

16Separation of child from adults charged with offences

17Summary trial of indictable offences

18Exclusion of child from court during the trial of other persons

19Form of oath for use in youth court and by children in other courts

20Evidence given unsworn by child

21Power to clear court while child is giving evidence in certain cases

22Restrictions on reporting proceedings

23Evidence of child in committal proceedings for violent or sexual offence

24Power to proceed with case in absence of child in certain proceedings

25Extension of power to take deposition of child

26Admission of deposition of child in evidence in certain proceedings

PART VYOUTH COURTS

28Assignment of certain matters to youth courts

29Power of magistrates' court to remit a child for trial to a youth court

30Powers of youth courts in relation to persons who are not or who cease to be children

30APower of youth court in relation to remands

31Remand for purpose of obtaining information

PART VISENTENCING AND OTHER POWERS

32Remission by other courts of offenders to youth courts

33Power to notify appropriate authority if child's welfare requires it

Youth conferences

33ACourt-ordered youth conferences

33BAssociated offences

33CReferences: supplementary

33DTermination of youth conference

33ERecommendations: supplementary

Fines and recognizances

35Parent or guardian to pay fine, etc., instead of child

36Parent or guardian to enter into recognizance

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36ZAParental compensation orders

36ZBParental compensation orders: the compensation

36ZCParental compensation orders: supplemental

36ZDParental compensation orders: appeal

36ZEEffect of parental compensation order on subsequent award of damages in civil proceedings

Reparation orders

36AReparation orders

36BRestrictions on reparation orders

36CRequirements of reparation orders

36DSupplementary provisions about reparation orders

Community responsibility orders

36ECommunity responsibility orders

36FRestrictions on community responsibility orders

36GRequirements of community responsibility orders

36HRules relating to community responsibility orders

36ISupplementary provisions about community responsibility orders

Youth conference orders

36JYouth conference orders

36KSupplementary provisions about youth conference orders

36LMonitoring compliance with youth conference orders

Attendance centre orders

37Attendance centre orders

38Discharge, revocation or variation of attendance centre orders

Juvenile justice centre orders

39Juvenile justice centre orders

40Supervision under a juvenile justice centre order

41Breach of supervision requirements

42Taking of children to juvenile justice centre

43Effect of juvenile justice centre order where care order is in force

44Effect of subsequent conviction where juvenile justice centre order is in effect

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Custody care orders

44A Custody care orders

44B Period in secure accommodation under custody care order

44C Escape from secure accommodation

44D Taking of children to secure accommodation

44E Supervision under custody care order

44F Breach of supervision requirements

44G Effect of subsequent conviction where custody care order is in effect

45Punishment of certain grave crimes

46Release on licence

46ADuration and conditions of licences under Article 46

46BRecall of licensees

46CRestriction on detention for default of payment of fine, etc.

47 Limitation on punishment for contempt of court

48Power of courts on committal of offender

49Duty of parent or guardian to notify change of address

PART VIIATTENDANCE CENTRES AND JUVENILE JUSTICE CENTRES

Attendance centres

50Attendance centres

Juvenile justice centres

51Juvenile justice centres

52Supervising powers of Secretary of State

53Parental responsibility for children in juvenile justice centres

54Escapes from juvenile justice centres

55Power to inspect attendance centres and juvenile justice centres

PART VIIIMISCELLANEOUS AND GENERAL

Art. 56 rep. by 2004 c.4

57Grants for juvenile justice centres, attendance centres and the Juvenile Justice Board

Art. 58 rep. by 2005 c. 12

58Inquiries and investigations

59Acquisition and disposal of land

60Power to enter on lands

61Proof of documents

62Presumption and determination of age

64Transitional provisions and savings

Article 65—Amendments and repeals

SCHEDULE 1DEFINITIONS OF “SEXUAL OFFENCE” AND “VIOLENT OFFENCE”

1In this Order “sexual offence” means . . . an offence under any of the...

2In this Order “violent offence” means an offence which leads or is intended or likely...

SCHEDULE 1ABREACH, REVOCATION AND AMENDMENT OF REPARATION ORDERS, COMMUNITY RESPONSIBILITY ORDERS AND YOUTH CONFERENCE ORDERS

1(1) In this Schedule “relevant order” means a reparation order, a community responsibility order or...

Breach of relevant order

2(1) Paragraphs 3 and 4 make provision for dealing with an offender if, while a...

Order as punishment for breach

3(1) The relevant court may— (a) in the case of a reparation order, make an...

Re-sentencing for breach

4(1) The relevant court may (instead of making an order under paragraph 3)— (a) revoke...

Revocation, amendment and extension of relevant order

5(1) If, while a relevant order is in force in respect of an offender, it...

Dealing with relevant order when sentencing after subsequent conviction

6(1) This paragraph applies where an offender in respect of whom a relevant order is...

Copies of revoking, amending or extending order

7(1) On the making of an order under this Schedule revoking, amending or extending a...

Presence of offender in court, remands etc.

8(1) Where the responsible officer makes an application to a court under paragraph 2 or...

SCHEDULE 2JUVENILE JUSTICE CENTRES

1(1) A juvenile justice centre order or any other order under which a person is...

2A minister of the religious persuasion to which a person in a juvenile justice centre...

3If it appears to the managers of a juvenile justice centre— (a) that a person...

4At any time during the period of a person's detention in a juvenile justice centre...

5(1) If in the case of a person detained in a juvenile justice centre who...

6(1) If a persondetainedin a juvenile justice centre has attained the age of 15 and...

7Every person who— (a) is authorised by the managers of a juvenile justice centre to...

Schedule 3—Modifications

SCHEDULE 4TRANSITIONAL PROVISIONS AND SAVINGS

1Each of Articles 35, 36, 37, 39, 44, 45, 47 and 48 shall apply in...

2Any training school which at the commencement of this paragraph is approved or provided under...

3Where at the commencement of this paragraph there is in force in relation to any...

4In this Schedule the “Act of 1968” means the Children and Young Persons Act (Northern...

Schedule 6—Repeals

1998 No. 1504 (N.I. 9)

The Criminal Justice (Children) (Northern Ireland) Order 1998 F1

24th June 1998 C1

Annotations:

Amendments (Textual)

F1

functions transf. by SR 2003/137

Modifications etc. (not altering text)

C1

Order (except for Articles 45 and 46): transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)