Children and Young Persons Act 1969

7 Alterations in treatment of young offenders etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3),(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(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.

X1 (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) Subject [F4 to subsection (7A) of this section and] to the enactments requiring cases to be remitted to juvenile courts and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child is found guilty of homicide or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power—

[F5 (a) if the offence is punishable in the case of an adult with imprisonment, to make a care order (other than an interim order) in respect of him; or]

(b) to make a supervision order in respect of him; or

(c) with the consent of his parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; [F6 and subsection (13) of section 2 of this Act shall apply to an order under paragraph (c) of this subsection as it applies to such an order as is mentioned in that subsection.]

[F7 (7A) A court shall not make a care order under subsection (7) of this section in respect of a child or young person unless it is of opinion—

(a) that a care order is appropriate because of the seriousness of the offence; and

(b) that the child or young person is in need of care or control which he is unlikely to receive unless the court makes a care order.]

[F8 (7B) An order under subsection (7)(c) of this section shall not require a person to enter into a recognisance—

(a) for an amount exceeding £1,000; or

(b) for a period exceeding—

(i) three years; or

(ii) where the young person concerned will attain the age of eighteen in a period shorter than three years, that shorter period.

(7C) Section 120 of the Magistrates’ Courts Act 1980 shall apply to a recognisance entered into in pursuance of an order under subsection (7)(c) of this section as it applies to a recognisance to keep the peace.]

(8) Without prejudice to the power to remit any case to a juvenile court which is conferred on a magistrates’ court other than a juvenile court by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a person guilty of an offence and either he is a young person or was a young person when the proceedings in question were begun it shall be the duty of the court to exercise that power unless the court [F9 is of the opinion that the case is one which can properly be dealt with by means of—

(a) an order discharging him absolutely or conditionally; or

(b) an order for the payment of a fine; or

(c) an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.]

Editorial Information

X1 The text of s. 7(6) 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.

Textual Amendments

F1 S. 7(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F2 S. 7(2) repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 6

F3 S. 7(3)(4) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F4 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(a) and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F5 S. 7(7)(a) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), 36(3)(a), Sch. 15

F6 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para 27(4) Sch. 15

F7 S. 7(7A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(b) and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F8 S. 7(7B)(7C) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 21, Sch. 14 para. 1(1)

F9 Words substituted by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 5

Modifications etc. (not altering text)

C1 31.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2