Children and Young Persons Act 1969

Part I — Care and other treatment of juveniles through court proceedings

Care of children and young persons through juvenile courts

Care proceedings in juvenile courts

1

Provisions supplementary to s. 1

2

Further supplementary provisions relating to s. 1(2)(f)

3

Consequential changes in criminal proceedings etc.

Prohibition of criminal proceedings for offences by children

4

Restrictions on criminal proceedings for offences by young persons

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

• (9) In this section—

• “the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and

• . . .

and . . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

Summary trial of young persons

6

Alterations in treatment of young offenders etc.

7

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

• (6) Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finger-printing of suspected young persons

8

Investigations by local authorities

9

• (1) Where a local authority ... bring . . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

• (2) If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

Further limitations on publication of particulars of children and young persons etc.

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision

Supervision orders

11

Power to include requirements in supervision orders

12

Selection of supervisor

13

Duty of supervisor

14

Variation and discharge of supervision orders

15

Provisions supplementary to s. 15

16

Termination of supervision

17

Supplementary provisions relating to supervision orders

18

Facilities for the carrying out of supervisors' directions

19

Committal to care of local authorities

Orders for committal to care of local authorities

20

Variation and discharge of care orders

21

Special provisions relating to interim orders

22

Remand to care of local authorities etc.

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and duties of local authorities etc. with respect to persons committed to their care

24

Transfer

Transfers between England or Wales and Northern Ireland

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers between England or Wales and the Channel Islands or Isle of Man

26

• (1) The Secretary of State may by order designate for the purposes of this section an order of any description which—

• (a) a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

• (b) provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

• (c) appears to the Secretary of State to be of the same nature as a care order other than an interim order or as a youth rehabilitation order imposing a local authority residence requirement ;

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order and ”care order” means an order made under section 31 of the Children Act 1989..

• (2) The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a youth rehabilitation order imposing a local authority residence requirement with a requirement that the child be accommodated by a designated local authority.

• (4) An authorisation given to a local authority under this section shall cease to have effect when—

• (a) the local authority is informed by the Secretary of State that he has revoked it; or

• (b) the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

• (c) the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

Consequential modifications of ss. 11 and 12 of Children Act 1948

Consequential modifications of 1948 c. 43 ss. 11 and 12

27

Detention

Detention of child or young person in place of safety

28

Release or further detention of arrested child or young person

29

• (1) A child or young person arrested in pursuance of a warrant shall not be released unless. . . his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

• (2) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.

Detention of young offenders in community homes

30

• (1) The power to give directions under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

• (2) It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

Removal to borstal institutions of persons committed to care of local authorities

31

Detention of absentees

32

• (1) If any of the following persons, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the Children and Young Persons Act (Northern Ireland) 1968 (but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order),

is absent from premises at which he is required by. . . the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . , to the premises or other place aforesaid or such other premises as the authority. . . may direct.

• (1A) If a child or young person is absent, without the consent of the responsible person—

• (a) from a place of safety to which he has been taken under paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ; or

• (aa) from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

• (b) from local authority accommodation—

• (i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

• (ii) to which he has been remanded under paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21 of Schedule 2 to that Act; or

• (iia) to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

• (1B) A person so arrested shall be conducted to—

• (a) the place of safety;

• (b) the local authority accommodation;

• (ba) the place mentioned in subsection (1A)(c); or

• (c) such other place as the responsible person may direct, at the responsible person’s expense.

• (1C) In this section “the responsible person” means, as the case may be—

• (a) the person who made the arrangements under paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

• (aa) the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;

• (b) the authority specified under paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ;

• (c) the authority designated under paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(10) of Schedule 2 to that Act; ...

• (ca) the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;

• (d) where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or

• (e) where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.

• (1D) If a child or young person—

• (a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

• (b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

• (1E) A person so arrested shall be conducted to—

• (a) the place where he is required to reside, or

• (b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.

• (2) If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) , (1A) or (1D) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.

• (2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1), (1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

• (2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the responsible personor the responsible officer, as the case may be.

• (3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) , (1A) or (1D) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding level 5 on the standard scale or both.

• (4) The reference to a constable in subsections (1),(1A) , (1D) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

• (5) Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.