Part I Care and other treatment of juveniles through court proceedings
Detention
E232 Detention of absentees.
1
If any of the following persons, that is to say—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
d
a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M3Children and Young Persons Act (Northern Ireland) 1968 F20(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order),
is absent from premises at which he is required by. . . F21 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F21 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F21, to the premises or other place aforesaid or such other premises as the authority. . . F21 may direct.
F221A
If a child or young person is absent, without the consent of the responsible person—
a
from a place of safety to which he has been taken under section 16(3) of this Act; or
b
from local authority accommodation—
i
in which he is required to live under section 12AA of this Act; or
iii
to which he has been remanded or committed under section 23(1) of this Act
he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.
1B
A person so arrested shall be conducted to—
a
the place of safety;
b
the local authority accommodation; or
c
such other place as the responsible person may direct, at the responsible person’s expense.
1C
In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA F25, 16(3B) or 23 of this Act.
2
If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) F26or (1A) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding F27level 3 on the standard scale.
In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the F28M4Magistrates’ Courts (Northern Ireland) Order 1981.
F292A
Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or F30(1A)(a) or (b)(i) or (ii) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.
2B
A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the F31responsible person.
C23
A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) F32or (1A) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding F33level 5 on the standard scale or both.
4
The reference to a constable in F34subsections (1),(1A) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in F34subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.
5
Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.
E132 Detention of absentees.
1
If any of the following persons, that is to say—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
d
a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M1Children and Young Persons Act (Northern Ireland) 1968 F4(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order),
is absent from premises at which he is required by. . . F5 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F5 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F5, to the premises or other place aforesaid or such other premises as the authority. . . F5 may direct.
F61A
If a child or young person is absent, without the consent of the responsible person—
a
from a place of safety to which he has been taken under section 16(3) of this Act; or
b
from local authority accommodation—
i
in which he is required to live under section 12AA of this Act; or
ii
to which he has been remanded under F7section 16(3A) or 23(1) of this Act,
he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.
1B
A person so arrested shall be conducted to—
a
the place of safety;
b
the local authority accommodation; or
c
such other place as the responsible person may direct, at the responsible person’s expense.
1C
In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA F8, 16(3B) or 23 of this Act.
2
If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) F9or (1A) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding F10level 3 on the standard scale.
In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the F11M2Magistrates’ Courts (Northern Ireland) Order 1981.
F122A
Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.
2B
A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the F13responsible person.
C13
A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) F14or (1A) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding F15level 5 on the standard scale or both.
4
The reference to a constable in F16subsections (1),(1A) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in F16subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.
5
Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.