Children and Young Persons Act 1963

Juvenile courts and proceedings in connection with children and young persons E+W

16 Offences committed by children. E+W

(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 M1 Criminal Evidence Act 1898.

Modifications etc. (not altering text)

C1 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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

M1 1898 c. 36.

17 Constitution and place of sitting of juvenile courts. E+W

(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)

C2 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

18 Jurisdiction of magistrates’ courts in certain cases involving children and young persons. E+W

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.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 20, Sch. 3 para. 47 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 Ss. 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

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 Ss. 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

[F5 23 Children and young persons detained in places of safety. E+W

(1) A court or justice of the peace—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(b) issuing a warrant under section 40 of [F7 the 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 [F8 section 12 of the M2 Foster Children Act 1980] or [F9 section 34 of the M3 Adoption Act 1976];

shall specify in the warrant, . . . F10 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) A child or young person required to be brought before a juvenile court or a justice of the peace under subsection (1) . . . F10 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 . . . F10 is taken there as mentioned in subsection (1) . . . F10 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 [F7 within the meaning of the M4 Children and Young Persons Act 1969.]

(6)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 ]

Textual Amendments

F5 S. 23 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F6 S. 23(1)(a) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F7 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 48

F8 Words substituted (1.4.1981) by Foster Children Act 1980 (c. 6), Sch. 2 Pt. I

F9 Words substituted by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 para. 8

F10 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F11 Ss. 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

M2 1980 c. 6.

M3 1976 c. 36.

M4 1969 c. 54.

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Textual Amendments

F12 Ss. 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

25 Attendance at court of parents of child or young person brought before court. E+W

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Ss. 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)

C3 The 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.

26 Medical evidence by certificate. E+W

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.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 S. 27 repealed by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 9

28 Form of oath for use in juvenile courts and by children and young persons in other courts. E+W

(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, [F15 section 1 of the M5 Oaths 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.

Textual Amendments

F15 Words substituted by Oaths Act 1978 (c. 19), s. 2

Marginal Citations

M5 1978 c. 19.

29 Provisions as to persons between the ages of 17 and 18. E+W

(1) Where proceedings in respect of a young person are begun [F16 [F17 under section 1 of the M6 Children 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 . . . F18 deal with the case and make any order which it could have made if he had not attained that age.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F16 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F17 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49

F18 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F19 S. 29(2) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49, Sch. 6

Marginal Citations

M6 1969 c. 54.

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W

Textual Amendments

F20 S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6