Part I Care and other treatment of juveniles through court proceedings

Transitional modifications of Part I for persons of specified ages

34 Transitional modifications of Part I for persons of specified ages.

(1)

The Secretary of State may by order provide—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

that any reference to a young person in section 5(8), F2. . . 9(1), 23(1) or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(e)

that F4section 23(4) to (6) of this Act shall have effect as if the references to a young person excluded a young person who has not attained such age as may be so specified;

(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2)

In the case of a person who has not attained F6the age of eighteen but has attained such lower age as the Secretary of State may by order specify, no proceedings F7. . . for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section F7. . . 5(8) of this Act, given notice of the proceedings to F8an officer of a local probation board F9, or an officer of a provider of probation services, acting in the area for which the court acts; F7. . ..

(3)

In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or F10local probation board acting for F11, or a provider of probation services operating in, any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by F8an officer of a local probation board F12or an officer of a provider of probation services.

(4)

Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(6)

Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.

(7)

A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.