Youth Justice and Criminal Evidence Act 1999

Children and Young Persons Act 1969 (c. 54)

1 The Children and Young Persons Act 1969 has effect subject to the following amendments.

2 In section 12A (requirements that may be included in supervision orders), at the end add—

“(14) In this section “make reparation” means make reparation for the offence otherwise than by the payment of compensation.”

3 (1) Section 15 (variation and discharge of supervision orders) is amended as follows.

(2) In subsection (3)(b) (magistrates' powers of re-sentence on breach of supervision order), for “relevant court” substitute “magistrates' court”.

(3) After subsection (8) insert—

“(8A) Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed—

(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.”

4 (1) Section 16 (provisions supplementary to section 15) is amended as follows.

(2) In subsection (3A), for “(3C)” substitute “(4A)”.

(3) Omit subsections (3B) and (3C).

(4) In subsection (4), at the beginning insert “Subject to subsection (4A) of this section,”.

(5) After subsection (4) insert—

“(4A) Where a supervised person has attained the age of eighteen at the time when he is brought before a justice under subsection (3) of this section, or has attained that age at a time when (apart from this subsection) a youth court could exercise its powers under subsection (4) of this section in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

(a) to a remand centre, if the justice or youth court has been notified that such a centre is available for the reception of persons under this subsection; or

(b) to a prison, if the justice or youth court has not been so notified.

(4B) A court or justice remanding a person to local authority accommodation under this section shall designate, as the authority who are to receive him, the authority named in the supervision order.”