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

Prospective

[F1 Breach of supervision requirements N.I.

44F— (1) Where a custody care order has been made in respect of a child and it appears, on a complaint made to a lay magistrate, that the child has failed to comply with any requirements under Article 44E(2) or (3), the lay magistrate may—

(a) issue a summons directed to the child requiring him to appear before a youth court specified in the summons; or

(b) if the complaint is in writing and on oath, issue a warrant for the child’s arrest requiring him to be brought before a youth court specified in the warrant.

(2) If it is proved to the satisfaction of the court before which the child appears or is brought under this Article that he has failed without reasonable excuse to comply with requirements under Article 44E(2) or (3), the court may—

(a) if he has not attained the age of 14, deal with him as specified in paragraph (3); and

(b) if he has attained that age, deal with him as specified in paragraph (4).

(3) If the child has not attained the age of 14, the court may either—

(a) impose on him a fine not exceeding £200; or

(b) order him to be placed in secure accommodation by the appropriate authority and kept there by the appropriate authority for a period not exceeding 30 days;

but the appropriate authority may, with the consent of the [F2 Department of Justice], at any time discharge a child who is being so kept.

(4) If the child has attained the age of 14, the court may either—

(a) impose on him a fine not exceeding £1,000; or

(b) order him to be detained in a juvenile justice centre for a period not exceeding 30 days.

(5) Where the court imposes a fine on the child under paragraph (3)(a) or (4)(a), it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing.

(6) A fine ordered under paragraph (5) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the custody care order was made.

(7) A parent or guardian may appeal to a county court against an order under paragraph (5).

(8) Any period of supervision shall not be reduced by any period during which the child is detained under this Article.]

F1 Arts. 44A-44G and preceding cross-heading inserted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 56, 87(1)

F2 Words in art. 44F substituted by 2002 (c. 26), ss. 56, 87(1) (as amended (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 11, Sch. 13 para. 11(2) (with arts. 28-31)); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 1998/1504, art. 44F)