Children and Young Persons Act 1933

[F1 55 Power to order parent or guardian to pay fine, etc. E+W

(1) Where—

(a) a child or young person is convicted or found guilty of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made under section 35 of the Powers of Criminal Courts Act 1973; and

(b) the court is of opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment,

it shall be the duty of the court to order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

[F2 (1A) Where but for this subsection—

(a) a court would order a child or young person to pay a fine under [F3 section 15(3)(a)] of the Children and Young Persons Act 1969 (failure to comply with requirement included in supervision order); or

[F4 (b) a court would impose a fine on a child or young person under section 19(3) of the M1 Criminal Justice Act 1982 (breach of attendance centre order or attendance centre rules); or

(bb) a court would impose a fine on a child or young person under paragraph 3(1)(a) or 4(1)(a) of Schedule 2 to the M2 Criminal Justice Act 1991 (breach of requirement of a relevant order (within the meaning given by that Schedule) or of a combination order);]

[F5 (c) a court would impose a fine on a child or young person under section 4(3) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under secure training order),]

[F6 or

(d) a court would impose a fine on a child or young person under section 77(3) of the Crime and Disorder Act 1998 (breach of requirements of supervision under detention and training order) or paragraph 3 of Schedule 5 to that Act (breach of requirements of reparation order or action plan order),] it shall be the duty of the court to order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.]

[F7 (1B) In the case of a young person who has attained the age of sixteen years, subsections (1) and (1A) above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.]

(2) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(3) A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates’ court.

(4) A parent or guardian may appeal to the Court of Appeal against an order made under this section by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.]

[F8 (5) 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 stand referred to their social services committee under the Local Authority Social Services Act 1970,

references in this section to his parent or guardian shall be construed as references to that authority.

In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.]

[F9 (6) In relation to any other child or young person, references in this section to his parent shall be construed in accordance with section 1 of the M3 Family Law Reform Act 1987.]

Textual Amendments

F1 S. 55 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 26

F2 S. 55(1A) inserted by Criminal Justice Act 1988 (c. 33. SIF 39:1), s. 127

F3 Words in s. 55(1A)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 1(1); S.I. 1998/2327, art. 2(1)(w).

F4 S. 55(1A)(b)(bb) substituted (30.9.1998) for s. 55(1A)(b) by 1998 c. 37, s. 106, Sch. 7 para. 1(2); S.I. 1998/2327, art. 2(1)(w).

F5 S. 55(1A)(c) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 4; S.I. 1998/277, art. 3(2).

F6 S. 55(1A)(d) and word “or” immediately preceding inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 2; S.I. 1998/2327, art. 2(2)(a).

F7 S. 55(1B) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(1), 101(1), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2

F8 S. 55(5) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 57(2), 101(1), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch. 2

F9 S. 55(6) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 1(3); S.I. 1998/2327, art. 2(1)(w).

Modifications etc. (not altering text)

C1 S. 55 restricted (20.9.1993) by 1991 c. 53, s. 20(1B), as amended by 1993 c. 36, ss. 65(3), Sch. 3, para. 2(1); S.I. 1993/1968, art. 2(2), Sch. 2.

C2 S. 55(1A)(d) amended (temp.) (19.9.1998) by S.I. 1998/2327, art. 5.

Marginal Citations

M1 1982 c.48.

M2 1991 c.53.

M3 1987 c.42.