The Criminal Justice (Children) (Northern Ireland) Order 1998

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Criminal Justice (Children) (Northern Ireland) Order 1998.

(2) This Order shall come into operation on such day or days as the Secretary of State may by order appointF1 .

F1 partly exercised by SR 1998/260;SR 1999/25

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order —

• “adult” means a person who has attained the age of[F2 18];

• “appropriate authority” means, in relation to a child, the authority within whose area the child is ordinarily resident or, if that is not known, the authority within whose area the child is, and “authority” and “area” have the same meaning as in the [1995 NI 2.] Children (Northern Ireland) Order 1995;

• “arrestable offence” has the same meaning as in the [1989 NI 12.] Police and Criminal Evidence (Northern Ireland) Order 1989 and “serious arrestable offence” has the meaning assigned to it by Article 87 of that Order;

• “attendance centre” has the meaning given by Article 50(1);

• “attendance centre order” means an order under Article 37(1);

• “child” means a person who is under the age of[F2 18];

• [F2 “combination order”,] “community order”, “community sentence”[F2 , “community service order”] and “custodial sentence” have the same meanings as in Article 2(2) of the [1996 NI 24.] Criminal Justice (Northern Ireland) Order 1996;

• [F2 “community responsibility order” means an order under Article 36E;]

• F3 “custody officer” has the meaning assigned to it by Article 6(4);

• [F2 “Director” means the Director of Public Prosecutions for Northern Ireland;]

• “doctor” means a fully registered medical practitioner;

• “guardian” includes any person (including an authority) who has for the time being the care of a child;

• “health” means physical or mental health;

• “juvenile justice centre” has the meaning given by Article 51(1);

• “juvenile justice centre order” means an order under Article 39(1);

• “managers”, in relation to a juvenile justice centre, means the persons for the time being having the management or control of it;

• “notice” means notice in writing;

• [F2 “Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225);]

• F4 “parental responsibility” has the meaning assigned to it by Article 6 of the [1995 NI 2.] Children (Northern Ireland) Order 1995;

• [F2 “place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12);

• “police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32);

• “probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);]

• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity), or step-parent;

• [F2 “remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

• “reparation order” means an order under Article 36A;

• “responsible officer”

  (a)

  in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2);

  (b)

  in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and

  (c)

  in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3);

• “secure accommodation” means accommodation provided for the purpose of restricting liberty;]

• “sexual offence” has the meaning assigned to it by Schedule 1;

• “statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

• “violent offence” has the meaning assigned to it by Schedule 1.

• [F2 “youth conference” has the meaning given by Article 3A, "diversionary youth conference" has the meaning given by Article 10A(2) and "court-ordered youth conference" has the meaning given by Article 33A(5);

• “youth conference co-ordinator” means a person designated under Article 3A(3);

• “youth conference order” has the meaning given by Article 36J(2);

• “youth conference plan” has the meaning given by Article 3C.]

(3) References in this Order to findings of guilt and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

[F2 (4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21.

(5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).]

F2 2002 c. 26

F3 prosp. insertion by 2002 c. 26

F4 prosp. insertion by 2005 c. 15