C11Part III Protection of Children and Young Persons in relation to Criminal and Summary Proceedings
General Provisions as to Preliminary Proceedings
31 Separation of children and young persons from adults in police stations, courts, &c.
Arrangements shall be made for preventing a child or young person while detained in a police station, or while being conveyed to or from any criminal court, or while awaiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that a girl (being a child or young person) shall while so detained, being conveyed, or waiting, be under the care of a woman.
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
C1C234F3 Attendance at court of parent of child or young person charged with an offence, &c.
F41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5C32
Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.
C43
If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—
a
that the child or young person has been arrested;
b
why he has been arrested; and
c
where he is being detained.
C54
Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.
C65
For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—
a
his parent or guardian; or
b
any other person who has for the time being assumed responsibility for his welfare.
C76
If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.
C87
If it appears that at the time of his arrest a supervision order, as defined in F13section 163 of the Powers of Criminal Courts (Sentencing) Act 2000F6or Part IV of the Children Act 1989, is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.
F77A
If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.
C98
C109
The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.
10
The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.
11
In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984
34AF10Attendance at court of parent or guardian.
1
Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—
a
may in any case; and
b
shall in the case of a child or a young person who is under the age of sixteen years,
require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.
2
In relation to a child or young person for whom a local authority have parental responsibility and who—
a
is in their care; or
b
is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which F11are social service functions within the meaning of the Local Authority Social Services Act 1970,
the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.
Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)