- Latest available (Revised)
- Point in Time (31/01/2017)
- Original (As made)
Point in time view as at 31/01/2017.
There are currently no known outstanding effects for the The Criminal Justice (Children) (Northern Ireland) Order 1998, Section 38.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
38.—(1) A court of summary jurisdiction may, on an application made by complaint by the child or by the officer in charge of the attendance centre specified in an attendance centre order—
(a)discharge the order; or
(b)vary the day or hour specified in the order for the child's first attendance at the centre;
and where the application is made by the officer in charge of the attendance centre, the court may deal with it without summoning the child.
(2) Where an attendance centre order has been made and it appears upon a complaint made to a justice of the peace that the child—
(a)has failed to attend in accordance with the order; or
(b)while attending at the centre has committed a breach of the rules made under Article 50(3) which cannot be adequately dealt with under those rules;
the justice may—
(i)issue a summons directed to that child requiring him to appear before a youth court F1...; or
(ii)if the complaint is in writing and on oath, issue a warrant for that child's arrest requiring him to be brought before such a court.
(3) If it appears to the satisfaction of the court before which the child appears or is brought under paragraph (2) that—
(a)he has failed without reasonable excuse to attend as mentioned in paragraph (2)(a); or
(b)he has committed such a breach of rules as is mentioned in paragraph (2)(b),
that court may revoke the order and deal with him in any manner in which he could have been dealt with by the court which made the order, if the order had not been made.
(4) Where a child in respect of whom an attendance centre order is in effect is convicted by a court of an offence, the court may—
(a)revoke the order; and
(b)in passing sentence for the offence take into account the number of hours which, but for the revocation, the child would have had to attend at an attendance centre to comply with the order.
(5) The discharge, variation or revocation under this Article of an attendance centre order shall be by order of the court, and where a court makes an order under this Article the clerk of the court shall serve a copy of the order on—
(a)the officer in charge of the attendance centre specified in the attendance centre order which is discharged, varied or revoked; and
(b)the child; and
(c)his parent or guardian.
F1Words in art. 38(2)(i) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 115(9), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: