Children and Young Persons Act 1963

[F1 23 Children and young persons detained in places of safety. E+W

(1) A court or justice of the peace—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b) issuing a warrant under section 40 of [F3 the principal Act] authorising a constable to take a child or young person to a place of safety; or

(c) ordering the removal of a child or young person to a place of safety under [F4 section 12 of the M1 Foster Children Act 1980] or [F5 section 34 of the M2 Adoption Act 1976];

shall specify in the warrant, . . . F6 or order a period, which shall not exceed twenty-eight days, beyond which the child or young person must not be detained in a place of safety without being brought before a juvenile court; and accordingly the child or young person shall be brought before a juvenile court not later than the end of that period unless he has been released or received into the care of a local authority.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) A child or young person required to be brought before a juvenile court or a justice of the peace under subsection (1) . . . F6 of this section shall (if not otherwise brought before the court or justice) be brought before the court or justice by the local authority in whose area the place of safety is situated; and the person occupying or in charge of a place of safety not provided by that local authority shall as soon as practicable notify that local authority whenever a child or young person . . . F6 is taken there as mentioned in subsection (1) . . . F6 of this section.

(4) Nothwithstanding anything in the preceding provisions of this section, where the person to be brought before a court or justice is under the age of five or cannot be brought before the court or justice by reason of illness or accident, the duty to bring him before the court or justice may be discharged by the making of an application for an order under subsection (5) of this section.

(5) Where a person is brought before a juvenile court or justice of the peace in pursuance of subsection (3) of this section or an application is made in respect of any person to a juvenile court or justice of the peace in pursuance of subsection (4) thereof, the court or justice may either order him to be released or make an interim order [F3 within the meaning of the M3 Children and Young Persons Act 1969.]

(6)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 ]

Textual Amendments

F1 S. 23 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F2 S. 23(1)(a) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F3 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 48

F4 Words substituted (1.4.1981) by Foster Children Act 1980 (c. 6), Sch. 2 Pt. I

F5 Words substituted by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 para. 8

F6 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F7 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

Marginal Citations

M1 1980 c. 6.

M2 1976 c. 36.

M3 1969 c. 54.