Modifications etc. (not altering text)
C1Pt. I amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Textual Amendments
F1Ss. 1, 45–47, 49 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6
Textual Amendments
(1)No child or young person shall be brought before a juvenile court by his parent or guardian on the ground that he is unable to control him; but where the parent or guardian of a child or young person has, by notice in writing, requested the local authority within whose area the child or young person resides to bring him before a juvenile court under [F4section 1 of the M1Children and Young Persons Act 1969] and the local authority refuse to do so or fail to do so within twenty-eight days from the date on which the notice is given the parent or guardian may apply by complaint to a juvenile court for an order directing them to do so.
(2)Where a complaint has been made under this section for an order against a local authority, the local authority shall make available to the court such information as to the home surroundings, school record, health and character of the child or young person as appears to them likely to assist the court and shall for that purpose make such investigations as may be necessary.
(3)On the hearing of a complaint under this section the child or young person shall not be present.]
Textual Amendments
F3S. 3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(4)(6)(7), Sch. 12 para. 19, Sch. 14 para. 27(4), Sch. 15
F4Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 47
Marginal Citations
Textual Amendments
(1)Section 50 of the; principal Act shall be amended by substituting therein the word “ten” for the word “eight”.
(2)In any proceedings for an offence committed or alleged to have been committed by a person of or over the age of twenty-one, any offence of which he was found guilty while under the age of fourteen shall be disregarded for the purposes of any evidence relating to his previous convictions; and he shall not be asked, and if asked shall not be required to answer, any question relating to such an offence, notwithstanding that the question would otherwise be admissible under section 1 of the M2Criminal Evidence Act 1898.
Modifications etc. (not altering text)
C2The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)For Schedule 2 to the principal Act (which relates to the constitution of juvenile courts) there shall be substituted Schedule 2 to this Act.
(2)In section 47(2) of the principal Act (which relates to sittings of juvenile courts) for the words from “subject as hereinafter provided” to “other courts are held” there shall be substituted the words “not sit in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been held there within hour before or after the sittings of the juvenile court”.
Modifications etc. (not altering text)
C3The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Notwithstanding section 46(1) of the principal Act (which restricts the jurisdiction of magistrates’ courts which are not juvenile courts in cases where a child or young person is charged with an offence) a magistrates’ court which is not a juvenile court may hear an information against a child or young person if he is charged—
(a)with aiding, abetting, causing, procuring, allowing or permitting an offence with which a person who has attained the age of seventeen is charged at the same time; or
(b)with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which a person who has attained the age of seventeen is charged at the same time.
Textual Amendments
F6S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Textual Amendments
Textual Amendments
F8Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Textual Amendments
(1)A court or justice of the peace—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(b)issuing a warrant under section 40 of [F12the principal Act] authorising a constable to take a child or young person to a place of safety; or
(c)ordering the removal of a child or young person to a place of safety under [F13section 12 of the M3Foster Children Act 1980] or [F14section 34 of the M4Adoption Act 1976];
shall specify in the warrant, . . . F15 or order a period, which shall not exceed twenty-eight days, beyond which the child or young person must not be detained in a place of safety without being brought before a juvenile court; and accordingly the child or young person shall be brought before a juvenile court not later than the end of that period unless he has been released or received into the care of a local authority.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(3)A child or young person required to be brought before a juvenile court or a justice of the peace under subsection (1) . . . F15 of this section shall (if not otherwise brought before the court or justice) be brought before the court or justice by the local authority in whose area the place of safety is situated; and the person occupying or in charge of a place of safety not provided by that local authority shall as soon as practicable notify that local authority whenever a child or young person . . . F15 is taken there as mentioned in subsection (1) . . . F15 of this section.
(4)Nothwithstanding anything in the preceding provisions of this section, where the person to be brought before a court or justice is under the age of five or cannot be brought before the court or justice by reason of illness or accident, the duty to bring him before the court or justice may be discharged by the making of an application for an order under subsection (5) of this section.
(5)Where a person is brought before a juvenile court or justice of the peace in pursuance of subsection (3) of this section or an application is made in respect of any person to a juvenile court or justice of the peace in pursuance of subsection (4) thereof, the court or justice may either order him to be released or make an interim order [F12within the meaning of the M5Children and Young Persons Act 1969.]
(6)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16]
Textual Amendments
F10S. 23 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15
F12Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 48
F13Words substituted (1.4.1981) by Foster Children Act 1980 (c. 6), Sch. 2 Pt. I
F14Words substituted by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 para. 8
F15Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
F16Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
Marginal Citations
Textual Amendments
(1)For section 34 of the principal Act there shall be substituted the following section:—
“34(1)Where a child or young person is charged with any offence or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, and any such person shall be so required at any stage where ;the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.
(2)Where a child or young person is arrested or taken to a place of safety, such steps shall be taken as may be practicable to inform at least one person whose attendance may be required under this section”.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F18Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
Modifications etc. (not altering text)
C4The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
In any proceedings, other than proceedings for an offence, before a juvenile court, and on any appeal from a decision of a juvenile court in any such proceedings, any document purporting to be a certificate of a fully registered medical practitioner as to any person’s physical or mental condition shall be admissible as evidence of that condition.
Textual Amendments
F19S. 27 repealed by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 9
(1)Subject to subsection (2) of this section, in relation to any oath administered to and taken by any person before a juvenile court or administered to and taken by any child or young person before any other court, [F20section 1 of the M6Oaths Act 1978] shall have effect as if the words “I promise before Almighty God” were set out in it instead of the words “I swear by Almighty God that”.
(2)Where in any oath otherwise duly administered and taken either of the forms mentioned in this section is used instead of the other, the oath shall nevertheless be deemed to have been duly administered and taken.
(1)Where proceedings in respect of a young person are begun [F21[F22under section 1 of the M7Children and Young Persons Act 1969 or]for an offence] and he attains the age of seventeen before the conclusion of the proceedings, the court may . . . F23 deal with the case and make any order which it could have made if he had not attained that age.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
Textual Amendments
F21Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15
F22Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49
F23Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
Marginal Citations
Textual Amendments
F25S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6
In section I of the principal Act (cruelty to persons under sixteen) paragraph (b) of subsection (1) (which provides for a fine not exceeding twenty-five pounds on summary conviction) shall be amended, as respects offences committed after the commencement of this Act, by the substitution for the words “twenty-five pounds” of the words “one hundred pounds”.
Modifications etc. (not altering text)
C5The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Section 7 of the principal Act and section 18 of the principal Scottish Act (which, in subsection (1), prohibit the sale of tobacco and cigarette papers to persons apparently under the age of sixteen and, in subsection (2), enable a court to order measures to be taken to prevent the use by such persons of automatic machines for the sale of tobacco) shall each be amended, as respects offences committed after the commencement of this Act, by substituting—
(a)in subsection (1) (which provides for fines not exceeding two, five and ten pounds on a first, second or subsequent conviction) for the words “two”, “five” and “ten” the words “twenty-five” “fifty” and “one hundred”, respectively; and
(b)in subsection (2) (which provides for fines not exceeding five pounds for failure to comply with the order of the court and further fines not exceeding one pound for each day during which the offence continues) for the words “five” and “one” the words “fifty” and “ten”, respectively.
Modifications etc. (not altering text)
C6The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.