Consequential changes in criminal proceedings etc.E+W+S
Prospective
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
5 Restrictions on criminal proceedings for offences by young persons.E+W
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.
(9)In this section—
“the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and
. . .
and . . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
7 Alterations in treatment of young offenders etc.E+W
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.
(6)Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.
(7)Subject . . . to the enactments requiring cases to be remitted to [youth courts] and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child . . . or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power—
(a). . .
(b)to make a supervision order in respect of him; or
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; . . .
(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Without prejudice to the power to remit any case to a [youth court] which is conferred on a magistrates’ court other than a [youth court] by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a person guilty of an offence and either he is a young person or was a young person when the proceedings in question were begun it shall be the duty of the court to exercise that power unless the court [is of the opinion that the case is one which can properly be dealt with by means of—
(a)an order discharging him absolutely or conditionally; or
(b)an order for the payment of a fine; or
(c)an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,
with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.]
Editorial Information
Textual Amendments
Modifications etc. (not altering text)
7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
9 Investigations by local authorities.E+W
(1)Where a local authority or a local education authority bring . . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.
(2)If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.
10 Further limitations on publication of particulars of children and young persons etc.E+W+S
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .