Children and Young Persons Act 1969

16 Provisions supplementary to s. 15

(1) Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

(2) Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but subsections (3) and (4) of section 47 of the [1952 c. 55.] Magistrates' Courts Act 1952 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word " summons " there were inserted the words " cannot be served or ".

(3) Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements) ; and

(b) shall within that period, unless within it the relevant infant is brought before the court aforesaid, bring him before a justice ;

and the justice shall either direct that he be released forthwith or—

(i) if he has not attained the age of eighteen, make an interim order in respect of him ;

(ii) if he has attained that age, remand him.

(4) If on an application to a court under subsection (1) of the preceding section—

(a) the supervised person is brought before the court under a warrant issued or an interim order made by virtue of the preceding provisions of this section ; or

(b) the court considers that it is likely to exercise its powers under that subsection to make an order in respect of the supervised person but, before deciding whether to do so, seeks information with respect to him which it considers is unlikely to be obtained unless the court makes an interim order in respect of him,

the court may make an interim order in respect of the supervised person.

(5) A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

(a) discharging the supervision order ;

(b) cancelling a provision included in the supervision order in pursuance of section 12 or section 18(2)(b) of this Act;

(c) reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12;

(d) altering in the supervision order the name of any area;

(e) changing the supervisor.

(6) A juvenile court shall not—

(a) exercise its powers under subsection (1) of the preceding section to make a care order or an order discharging a supervision order or inserting in it a requirement authorised by section 12 of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;

(b) exercise its powers to make an order under subsection (5) of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;

(c) exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by section 12(4) of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said section 12(4) on such evidence as is there mentioned.

(7) Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by section 12(4) of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

(8) The supervised person may appeal to quarter sessions against—

(a) any order made under the preceding section, except an order made or which could have been made in the absence of the supervised person and an order containing only provisions to which he consented in pursuance of the preceding subsection;

(b) the dismissal of an application under that section to discharge a supervision order.

(9) Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

(10) In paragraph (a) of subsection (4) of the preceding section " attendance centre order " means such an order to attend an attendance centre as is mentioned in subsection (1) of section 19 of the [1948 c. 58.] Criminal Justice Act 1948; and the provisions of that section shall accordingly apply for the purposes of that paragraph as if for the words from " has power " to " probation order " in subsection (1) there were substituted the words " considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(4) of the Children and Young Persons Act 1969 " and for references to an offender there were substituted references to the supervised person and as if subsection (5) were omitted.

(11) In this and the preceding section references to a juvenile court or any other magistrates' court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a juvenile court in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of seventeen or eighteen, the court shall deal with the application as if he had not attained the age in question.