(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(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.
X1(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 F4. . . to the enactments requiring cases to be remitted to [F5youth courts] and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child F6. . . 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— F7
(a). . .
(b)to make a supervision order in respect of him; or
F8(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; F9. . .
F10(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Without prejudice to the power to remit any case to a [F5youth court] which is conferred on a magistrates’ court other than a [F5youth court] by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a [F12child or young person guilty of an offence] it shall be the duty of the court to exercise that power unless the court [F13is 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.]
[F14(9)The reference in subsection (8) above to a person’s parent shall be construed in accordance with section 1 of the M1Family Law Reform Act 1987 (and not in accordance with section 70(1A) of this Act).]
Editorial Information
X1The text of s. 7(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F1S. 7(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F4Words in s. 7(7) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F5Words in s. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2
F6Words in s. 7(7) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F7S. 7(7)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4), 36(3)(a)); S.I. 1991/828, art. 3(2)
F8S. 7(7)(c) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F9Words in s. 7(7) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F10S. 7(7A) (which was inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(b)) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F11S. 7(7B)(7C) (which were inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s.108(4)(6), Sch. 12 para. 21 (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F12Words in s. 7(8) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.16; S.I. 1998/2327, art.2(1)(y)(2)(g)
F13Words substituted by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 5
F14S. 7(9) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.3; S.I. 1998/2327, art.2(1)(w)
Modifications etc. (not altering text)
C131.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2
Marginal Citations