Criminal Justice (Children) (Northern Ireland) Order 1998

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II GENERAL

   1. 3. Age of responsibility

   2. 4. Child’s welfare

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

4. PART III ARREST AND DETENTION

   1. 6. Child arrested in pursuance of warrant to be released

   2. 7. Child apparently under 14 arrested without warrant for offence other thanhomicide tobe released

   3. 8. Child not released under Article 7

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

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

5. PART IV CRIMINAL PROCEEDINGS

   1. 11. Notice of charges against child

   2. 12. Release on bail

   3. 13. Remand in custody

   4. 14. Power to enforce attendance of child

   5. 15. Attendance of parent or guardian

   6. 16. Separation of child from adults charged with offences

   7. 17. Summary trial of indictable offences

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

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

   10. 20. Evidence given unsworn by child

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

   12. 22. Restrictions on reporting proceedings

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

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

   15. 25. Extension of power to take deposition of child

   16. 26. Admission of deposition of child in evidence in certain proceedings

6. PART V YOUTH COURTS

   1. 27. Youth courts

   2. 28. Assignment of certain matters to youth courts

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

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

   5. 31. Remand for purpose of obtaining information

7. PART VI SENTENCING AND OTHER POWERS

   1. Preliminary

      1. 32. Remission by other courts of offenders to youth courts

      2. 33. Power to notify appropriate authority if child’s welfare requires it

   2. Fines and recognizances

      1. 34. Fines

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

      3. 36. Parent or guardian to enter into recognizance

   3. Attendance centre orders

      1. 37. Attendance centre orders

      2. 38. Discharge, revocation or variation of attendance centre orders

   4. Juvenile justice centre orders

      1. 39. Juvenile justice centre orders

      2. 40. Supervision under a juvenile justice centre order

      3. 41. Breach of supervision requirements

      4. 42. Taking of children to juvenile justice centre

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

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

   5. Grave crimes

      1. 45. Punishment of certain grave crimes

      2. 46. Discharge on licence

   6. Miscellaneous

      1. 47. Limitation on punishment for contempt of court or default of payment of fine, etc.

      2. 48. Power of courts on committal of offender

      3. 49. Duty of parent or guardian to notify change of address

8. PART VII ATTENDANCE CENTRES AND JUVENILE JUSTICE CENTRES

   1. Attendance centres

      1. 50. Attendance centres

   2. Juvenile justice centres

      1. 51. Juvenile justice centres

      2. 52. Supervising powers of Secretary of State

      3. 53. Parental responsibility for children in juvenile justice centres

      4. 54. Escapes from juvenile justice centres

   3. Inspection

      1. 55. Power to inspect attendance centres and juvenile justice centres

9. PART VIII MISCELLANEOUS AND GENERAL

   1. 56. Juvenile Justice Board

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

   3. 58. Inquiries and investigations

   4. 59. Acquisition and disposal of land

   5. 60. Power to enter on lands

   6. 61. Proof of documents

   7. 62. Presumption and determination of age

   8. 63. Appeals

   9. 64. Transitional provisions and savings

   10. 65. Amendments and repeals

10. Signature

11. SCHEDULES

    1. SCHEDULE 1

       DEFINITIONS OF “SEXUAL OFFENCE” AND “VIOLENT OFFENCE”

       1. 1. In this Order “sexual offence” means the commonlawoffence of rape...

       2. 2. In this Order “violent offence” means an offence which leads...

    2. SCHEDULE 2

       JUVENILE JUSTICE CENTRES

       1. 1. (1) A juvenile justice centre order or any other order...

       2. 2. A minister of the religious persuasion to which a person...

       3. 3. If it appears to the managers of a juvenile justice...

       4. 4. At any time during the period of a person’s detention...

       5. 5. (1) If in the case of a person detained in...

       6. 6. (1) If a persondetainedin a juvenile justice centre has attained...

       7. 7. Every person who— (a) is authorised by the managers of...

    3. SCHEDULE 3

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 59(3)

       1. 1. References to Schedule 6 to the Local Government Act (Northern...

       2. 2. References to the council or the Department shall be construed...

       3. 3. Paragraph 1 shall be omitted.

       4. 4. In paragraph 2— (a) for the words from the beginning...

       5. 5. In paragraph 3— (a) in sub-paragraph (1)(i) for the words...

       6. 6. In paragraph 4 the words from “and may provide” to...

       7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) the words “in...

       8. 8. In paragraph 6(2) for the words “fund out of which...

       9. 9. In paragraph 11(3) the words “in the prescribed form” shall...

       10. 10. In paragraph 12— (a) in sub-paragraph (1) the word “such”...

       11. 11. In paragraph 14(1) the words “in the prescribed form,” shall...

       12. 12. In paragraph 15(1) for the words “in the prescribed form”...

       13. 13. In paragraph 18— (a) in sub-paragraph (2) for the words...

       14. 14. Paragraph 19 shall be omitted.

       15. 15. In paragraph 20, sub-paragraph (2) shall be omitted.

    4. SCHEDULE 4

       TRANSITIONAL PROVISIONS AND SAVINGS

       1. 1. Each of Articles 35, 36, 37, 39, 44, 45, 47...

       2. 2. Any training school which at the commencement of this paragraph...

       3. 3. Where at the commencement of this paragraph there is in...

       4. 4. In this Schedule the “Act of 1968” means the Children...

    5. SCHEDULE 5

       AMENDMENTS

       1. Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))

          1. 1. In section 47(1A) (interpretation), for paragraphs (c) and (d) substitute—...

       2. Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

          1. 2. In section 2 (costs of prosecution in cases of conviction),...

       3. Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

          1. 3. In section 2 (young offenders centres and remand centres)—

          2. 4. In section 5 (detention in a young offenders centre), in...

          3. 5. In section 9(1) (remand and committal of persons under 21)...

       4. Northern Ireland (Emergency Provisions) Act 1973 (c. 53)

          1. 6. In section 1 (punishment for murder)— (a) in subsection (1),...

       5. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

          1. 7. In Part II of Schedule 1 (bodies all members of...

       6. Judicature (Northern Ireland) Act 1978 (c. 23)

          1. 8. In Part II of Schedule 5 (minor and consequential amendments),...

       7. Sexual Offences (Northern Ireland) Order 1978 (NI 5)

          1. 9. InArticle 5(3) (restrictions onevidence at committal proceedings), for the words...

       8. Protection of Children (Northern Ireland) Order 1978 (NI 17)

          1. 10. In Article 9(2) (amendments), for the words from the beginning...

       9. Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27)

          1. 11. In Article 6 (rehabilitation periods for particular sentences)—

       10. Perjury (Northern Ireland) Order 1979 (NI 19)

           1. 12. In Article 18(2) (savings), for the words from “section” to...

       11. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

           1. 13. In section 9(3)(a) (appeal against sentence), for the words from...

       12. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

           1. 14. In Article 34 (free legal aid for children and young...

       13. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

           1. 15. In Article 2(3) (interpretation)— (a) for the definition of “children...

           2. 16. In Article 24(1) (plea of guilty), for “juvenile” substitute “youth”....

           3. 17. In Article 28(4) (power of court of summary jurisdiction to...

           4. 18. In Article 30(1) (preliminary investigation of indictable offences) for the...

           5. 19. In Article 47(6) (remand), for sub-paragraph (b) substitute the following...

           6. 20. In Article 127(8) (power to bind over) for the words...

       14. Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13)

           1. 21. In Article 10(3) (exemptions from liability for conspiracy), for the...

       15. Repatriation of Prisoners Act 1984 (c. 47)

           1. 22. In section 2(4)(b)(iii) (warrant for transfer out of the United...

       16. Child Abduction (Northern Ireland) Order 1985 (NI 17)

           1. 23. In Article 3(7) (offence of abduction of child by parent,...

           2. 24. In the Schedule (modifications of Article 3 for children in...

       17. Mental Health (Northern Ireland) Order 1986 (NI 4)

           1. 25. In Article 44(8) (power of courts to order hospital admission...

           2. 26. In Article 50A(7) (powers to deal with persons not guilty...

           3. 27. In Article 53(5)(a) (removal to hospital of persons serving sentences...

           4. 28. In Article 56 (further provisions as to prisoners under sentence)—...

           5. 29. In Article 61 (interpretation)— (a) for paragraph (1) substitute the...

       18. Adoption (Northern Ireland) Order 1987 (NI 22)

           1. 30. In Article 16(5) (parental agreement), for sub-paragraph (a) substitute the...

       19. Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

           1. 31. In Article 13(3) (abolition of requirement of corroboration for unsworn...

       20. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

           1. 32. In Article 2 (interpretation), for paragraph (5) substitute the following...

           2. 33. In Article 19(1)(ca) (entry for purpose of arrest), for the...

           3. 34. In Article 39 (duties of custody officer after charge), for...

           4. 35. In Article 52 (children), for the words from “section” to...

           5. 36. In Article 70(1) (interpretation) in the definition of “sexual offence”...

           6. 37. In Article 81 (evidence through television links), in paragraphs (1A)(b)...

           7. 38. In Article 81A(1)(c) (video recordings of testimony from child witnesses),...

       21. Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

           1. 39. In section 15(7) (provisions supplementary to power of arrest), for...

       22. Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

           1. 40. In Schedule 9 (exclusions from entitlement to child benefit) in...

       23. Criminal Justice (Northern Ireland) Order 1994 (NI 15)

           1. 41. In Article 14 (compensation orders against convicted persons)—

       24. Children (Northern Ireland) Order 1995 (NI 2)

           1. 42. In Article 2(9)(b) (interpretation), for “or section 74 of the...

           2. 43. In Article 70(7) (refuges for children at risk), for sub-paragraph...

           3. 44. In Articles 74(2)(e) and 91(2)(e) (definitions), for “training school” substitute...

           4. 45. In Article 107(5) (privately fostered children further defined), for sub-paragraphs...

           5. 46. In Schedule 4 (education supervision orders), in paragraph 4—

       25. Northern Ireland (Emergency Provisions) Act 1996 (c. 22)

           1. 47. For section 14 (treatment of young persons convicted of scheduled...

           2. 48. In section 16(3) (conviction of scheduled offence during period of...

       26. Juries (Northern Ireland) Order 1996 (NI 6)

           1. 49. In Schedule 2(personsineligible for jury service) for paragraph(b) of the...

       27. Proceeds of Crime (Northern Ireland) Order 1996 (NI 9)

           1. 50. In Article 13(4) (application of procedure for enforcing fines), for...

       28. Criminal Justice (Northern Ireland) Order 1996 (NI 24)

           1. 51. In Article 2(2) (interpretation)— (a) in the definition of “attendance...

           2. 52. In Article 7, for paragraph (1) (supplementary provisions as to...

           3. 53. In Article 18(1) (restriction on imposing sentences of imprisonment or...

           4. 54. In Article 29 (fixing of fines)— (a) in paragraph (4),...

           5. 55. In Article 30 (statements as to offenders' means), after paragraph...

           6. 56. At the end of Article 31 (false statements as to...

           7. 57. In Article 34(1) (reports of probation officers) for “juvenile” substitute...

           8. 58. In Schedule 2— (a) in paragraph 3(1)(c) (powers of court...

    6. SCHEDULE 6

       REPEALS

12. Explanatory Note