Explanatory note

This Order excludes the application of section 23(2) and (3) of the Children and Young Persons Act 1969 to male persons under the age of 15. (By virtue of the Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1979 (S.I. 1979/125), those subsections have no application to female persons.)

Section 23(2) of the 1969 Act provides that where a court remands a young person charged with or convicted of an offence or commits him for trial or sentence, and he is not released on bail, if the court certifies that he is of so unruly a character that he cannot safely be committed to the care of a local authority, it shall commit him to a prison. Section 23(3) enables such a young person who has been committed to the care of a local authority to be committed, on the application of that authority, to a prison, if the court issues a like certificate.