Children and Young Persons Act 1969

[F1 28 Detention of child or young person in place of safety. E+W

(1) If, upon an application to a justice by any person for authority to detain a child or young person and take him to a place of safety, the justice is satisfied that the applicant has reasonable cause to believe that—

(a) any of the conditions set out in section 1(2)(a) to (e) of this Act is satisfied in respect of the child or young person; or

(b) an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied in respect of him; or

(c) the child or young person is about to leave the United Kingdom in contravention of section 25 of the Act of 1933 (which regulates the sending abroad of juvenile entertainers),

the justice may grant the application; and the child or young person in respect of whom an authorisation is issued under this subsection may be detained in a place of safety by virtue of the authorisation for twenty-eight days beginning with the date of authorisation, or for such shorter period beginning with that date as may be specified in the authorisation.

(2) Any constable may detain a child or young person as respects whom the constable has reasonable cause to believe that any of the conditions set out in section 1(2)(a) to (d) of this Act is satisfied or that an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied or than an offence is being committed under section 10(1) of the Act of 1933 (which penalises a vagrant who takes a juvenile from place to place).

(3) A person who detains any person in pursuance of the preceding provisions of this section shall, as soon as practicable after doing so, inform him of the reason for his detention and take such steps as are practicable for informing his parent or guardian of his detention and of the reason for it.

(4) A constable who detains any person in pursuance of subsection (2) of this section or who arrests a child without a warrant otherwise than for homicide shall as soon as practicable after doing so secure that the case is enquired into by [F2 the custody officer at] a police station, and that officer shall on completing the enquiry either—

(a) release the person in question; or

(b) if the officer considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence, make arrangements for his detention in a place of safety and inform him, and take such steps as are practicable for informing his parent or guardian, of his right to apply to a justice under subsection (5) of this section for his release;

and subject to the said subsection (5) it shall be lawful to detain the person in question in accordance with any such arrangements.

(5) It shall not be lawful for a child arrested without a warrant otherwise than for homicide to be detained in consequence of the arrest or such arrangements as aforesaid, or for any person to be detained by virtue of subsection (2) of this section or any such arrangements, after the expiration of the period of eight days beginning with the day on which he was arrested or, as the case may be, on which his detention in pursuance of the said subsection (2) began; and if during that period the person in question applies to a justice for his release, the justice shall direct that he be released forthwith unless the justice considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence.

(6) If while a person is detained in pursuance of this section an application for an interim order in respect of him is made to a magistrates’ court or a justice, the court or justice shall either make or refuse to make the order and, in the case of a refusal, may direct that he be released forthwith.]

Textual Amendments

F1 S. 28 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4)(6), Sch. 15

F2 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(a)