Children and Young Persons Act 1963

Part I E+W+S Care and Control of Children and Young Persons

Modifications etc. (not altering text)

C1 Pt. I amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1, 45–47, 49 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

Children and young persons in need of care, protection or control E+W+S

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

3F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6)(7), Sch. 12 para. 19, Sch.15 (with Sch. 14, paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

4—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Juvenile courts and proceedings in connection with children and young persons E+W

16 Offences committed by children. E+W

(1) Section 50 of the; principal Act shall be amended by substituting therein the word “ten” for the word “eight”.

(2) In any proceedings for an offence committed or alleged to have been committed by a person of or over the age of twenty-one, any offence of which he was found guilty while under the age of fourteen shall be disregarded for the purposes of any evidence relating to his previous convictions; and he shall not be asked, and if asked shall not be required to answer, any question relating to such an offence, notwithstanding that the question would otherwise be admissible under section 1 of the M1 Criminal Evidence Act 1898.

Modifications etc. (not altering text)

C2 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1898 c. 36.

17 Constitution and place of sitting of juvenile courts. E+W

(1) For Schedule 2 to the principal Act (which relates to the constitution of juvenile courts) there shall be substituted Schedule 2 to this Act.

(2) In section 47(2) of the principal Act (which relates to sittings of juvenile courts) for the words from “subject as hereinafter provided” to “other courts are held” there shall be substituted the words “not sit in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been held there within hour before or after the sittings of the juvenile court”.

Modifications etc. (not altering text)

C3 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

18 Jurisdiction of magistrates’ courts in certain cases involving children and young persons. E+W

Notwithstanding section 46(1) of the principal Act (which restricts the jurisdiction of magistrates’ courts which are not juvenile courts in cases where a child or young person is charged with an offence) a magistrates’ court which is not a juvenile court may hear an information against a child or young person if he is charged—

(a) with aiding, abetting, causing, procuring, allowing or permitting an offence with which a person who has attained the age of seventeen is charged at the same time; or

(b) with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which a person who has attained the age of seventeen is charged at the same time.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 20, Sch. 3 para. 47 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W

Textual Amendments

F7 Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W

Textual Amendments

F8 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F9 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 23 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

25 Attendance at court of parents of child or young person brought before court. E+W

(1) For section 34 of the principal Act there shall be substituted the following section:—

“34 (1) Where a child or young person is charged with any offence or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, and any such person shall be so required at any stage where ;the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.

(2) Where a child or young person is arrested or taken to a place of safety, such steps shall be taken as may be practicable to inform at least one person whose attendance may be required under this section”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Modifications etc. (not altering text)

C4 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

26 Medical evidence by certificate. E+W

In any proceedings, other than proceedings for an offence, before a juvenile court, and on any appeal from a decision of a juvenile court in any such proceedings, any document purporting to be a certificate of a fully registered medical practitioner as to any person’s physical or mental condition shall be admissible as evidence of that condition.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 S. 27 repealed by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 9

28 Form of oath for use in juvenile courts and by children and young persons in other courts. E+W

(1) Subject to subsection (2) of this section, in relation to any oath administered to and taken by any person before a juvenile court or administered to and taken by any child or young person before any other court, [F13 section 1 of the M2 Oaths Act 1978] shall have effect as if the words “I promise before Almighty God” were set out in it instead of the words “I swear by Almighty God that”.

(2) Where in any oath otherwise duly administered and taken either of the forms mentioned in this section is used instead of the other, the oath shall nevertheless be deemed to have been duly administered and taken.

Textual Amendments

F13 Words substituted by Oaths Act 1978 (c. 19), s. 2

Marginal Citations

M2 1978 c. 19.

29 Provisions as to persons between the ages of 17 and 18. E+W

(1) Where proceedings in respect of a young person are begun F14 . . . [F15 for an offence] and he attains the age of seventeen before the conclusion of the proceedings, the court may . . . F16 deal with the case and make any order which it could have made if he had not attained that age.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F14 Words in s. 29(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F15 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49

F16 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F17 S. 29(2) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49, Sch. 6

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

Increase of certain penalties E+W+S

31 Increase of penalty for cruelty. E+W

In section I of the principal Act (cruelty to persons under sixteen) paragraph (b) of subsection (1) (which provides for a fine not exceeding twenty-five pounds on summary conviction) shall be amended, as respects offences committed after the commencement of this Act, by the substitution for the words “twenty-five pounds” of the words “one hundred pounds”.

Modifications etc. (not altering text)

C5 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

32 Increase of penalty for sales of tobacco, etc., to persons under 16. E+W+S

Section 7 of the principal Act and section 18 of the principal Scottish Act (which, in subsection (1), prohibit the sale of tobacco and cigarette papers to persons apparently under the age of sixteen and, in subsection (2), enable a court to order measures to be taken to prevent the use by such persons of automatic machines for the sale of tobacco) shall each be amended, as respects offences committed after the commencement of this Act, by substituting—

(a) in subsection (1) (which provides for fines not exceeding two, five and ten pounds on a first, second or subsequent conviction) for the words “two”, “five” and “ten” the words “twenty-five” “fifty” and “one hundred”, respectively; and

(b) in subsection (2) (which provides for fines not exceeding five pounds for failure to comply with the order of the court and further fines not exceeding one pound for each day during which the offence continues) for the words “five” and “one” the words “fifty” and “ten”, respectively.

Modifications etc. (not altering text)

C6 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W

Textual Amendments

F19 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6