- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/08/1993)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 09/01/1995
Point in time view as at 16/08/1993.
Children and Young Persons Act 1933, Cross Heading: Juvenile Offenders is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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It shall be conclusively presumed that no child under the age of [F1ten] years can be guilty of any offence.
Textual Amendments
F1Word substituted by Children and Young Persons Act 1963 (c. 37), s. 16(1)
Textual Amendments
F2Ss. 1(4), 51 repealed by Criminal Law Act 1967 (c. 58), s. 12, Sch. 3 Pt. III
Textual Amendments
F3Ss. 33, 52 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
[F4(1)A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (notwithstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place under such conditions as the Secretary of State may direct.]
[F5(2)Where—
(a)a young person is convicted on indictment of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law
[F6(aa)a young person is convicted of—
(i)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving); or
(ii)an offence under section 3A of that Act (causing death by careless driving while under influence of drink or drugs); or]
(b)a child is convicted of manslaughter,] and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period [F7not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult] as may be specified in the sentence; and where such a sentence has been passed the child or young person shall, during that period . . . F8 be liable to be detained in such place and on such conditions as the Secretary of State may direct.
(3)A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F4S. 53(1) substituted by Murder (Abolition of Death Penalty) Act 1965 (c. 71), s. 1(5)
F5Words in s. 53(2) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 126
F6S. 53(2)(aa) inserted (16.8.1993) by 1993 c. 36, s. 67(2); S.I. 1993/1968, art. 2(1), Sch. 1.
F7Words inserted by Criminal Justice Act 1961 (c. 39), s. 41(3), Sch. 4
F8Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F9S. 53(4) repealed by Criminal Justice Act 1967 (c. 80), s. 102, Sch. 7 Pt. I
Modifications etc. (not altering text)
C1S. 53 modified by Criminal Justice Act 1967 (c. 80), ss. 61, 62; extended by Children and Young Persons Act 1969 (c. 54), s. 30(1)
C2S. 53(2) restricted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 3(1)
C3Power to repeal in part conferred by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 69(5)
C4S. 53(2) modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 64, 101(1), Sch. 12 para. 18; S.I. 1992/333, art. 2(2), Sch. 2
Textual Amendments
(1)Where—
(a)a child or young person is convicted or found guilty of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made under section 35 of the Powers of Criminal Courts Act 1973; and
(b)the court is of opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment,
it shall be the duty of the court to order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—
(i)that the parent or guardian cannot be found; or
(ii)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
[F12(1A)Where but for this subsection—
(a)a court would order a child or young person to pay a fine under section 15(2A) of the Children and Young Persons Act 1969 (failure to comply with requirement included in supervision order); or
(b)a court would impose a fine on a young person under section 16(3) of the Powers of Criminal Courts Act 1973 (breach of requirements of community service order),
it shall be the duty of the court to order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—
(i)that the parent or guardian cannot be found; or
(ii)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.]
[F13(1B)In the case of a young person who has attained the age of sixteen years, subsections (1) and (1A) above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.]
(2)An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.
(3)A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates’ court.
(4)A parent or guardian may appeal to the Court of Appeal against an order made under this section by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.]
[F14(5)In relation to a child or young person for whom a local authority have parental responsibility and who—
(a)is in their care; or
(b)is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
references in this section to his parent or guardian shall be construed as references to that authority.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.]
Textual Amendments
F11S. 55 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 26
F13S. 55(1B) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(1), 101(1), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2
F14S. 55(5) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(2), 101(1), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C5S. 55 restricted (20.9.1993) by 1991 c. 53, s. 20(1B), as amended by 1993 c. 36, ss. 65(3), Sch. 3, para. 2(1); S.I. 1993/1968, art. 2(2), Sch.2.
(1)Any court by or before which a [F16child or] young person is found guilty of an offence other than homicide, may, [F17and, if it is not a [F15youth court], shall unless satisfied that it would be undesirable to do so] remit the case to a [F15youth court] acting for the place where the offender was committed for trial, or, if he was not committed for trial, to a [F15youth court] acting either for the same place as the remitting court or for the place where the offender [F18habitually resides]; and, where any such case is so remitted, the offender shall be brought before a [F15youth court] accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.
[F19(2)Where any case is so remitted—
(a)the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20]
(3)A court by which an order remitting a case to a [F15youth court] is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the [F15youth court], and shall cause to be transmitted to the clerk of the [F15youth court] a certificate setting out the nature of the offence and stating that the offender has been found guilty thereof, and that the case has been remitted for the purpose of being dealt with under this section.
Textual Amendments
F15Words in s. 56 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2
F16Words repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6
F17Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 14(1)
F18Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 6
F19S. 56(2) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 14(2)
F20S. 56(2)(b) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Modifications etc. (not altering text)
C6S. 56 restricted by S.I. 1988/913, rule 11(1)
C7S. 56 amended by Children and Young Persons Act 1969 (c. 54), s. 7(8)
Textual Amendments
The Secretary of State may by order direct that—
(a)a person who is under the age of eighteen years and is undergoing detention in a Borstal institution; or
(b)a child or young person with respect to whom he is authorised to give directions under subsection (2) of section fifty-three of this Act; or
(c)a young person who has been ordered to be imprisoned and has been pardoned by His Majesty on condition of his agreeing to undergo training in a school,
shall be transferred or sent to and detained in an approved school specified in the order; and any such order shall be an authority [F23for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine] until such date as may be specified in the order:
Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Secretary of State attain the age of nineteen years nor later—
(a)in the case of a person who was . . . F24 sentenced to detention under the said sub-section (2), than the date on which his detention would have expired;
(b)in the case of a young person who has been sentenced to imprisonment and pardoned as aforesaid, than three years from the date as from which his sentence began to run;
[F25(c)in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein.]
Textual Amendments
F23Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 13
F24Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F25S. 58 proviso(c) added by Criminal Justice Act 1948 (c. 58), Sch. 9
Modifications etc. (not altering text)
C8S. 58 extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)
(1)The words “conviction” and “sentence” shall cease to be used in relation to [F26children and] young persons dealt with summarily and any reference in any enactment [F27whether passed before or after the commencement of this Act] to a person convicted, a conviction or a sentence shall, in the case of a [F26child or] young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
Textual Amendments
F26Words repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6
F27Words inserted by Criminal Justice Act 1948 (c. 58), Sch. 9
F28S. 59(1) proviso repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F29S. 59(2) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.
Textual Amendments
F30S. 60 and Sch. 3 repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6
Textual Amendments
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