Section 32 Detention of absentees.E1

England and Wales

(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. . . 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. . . , to the premises or other place aforesaid or such other premises as the authority. . . may direct.

F6(1A)

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 F7paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or

(F8aa)

from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

(F9b)

from local authority accommodation—

(i)

in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within F10the meaning given by section 173 of the Sentencing Code); or

(ii)

to which he has been remanded under F11paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or

(F12iia)

to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or

F13(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F14c)

from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(1B)

A person so arrested shall be conducted to—

(a)

the place of safety;

(b)

the local authority accommodation;

(F15ba)

the place mentioned in subsection (1A)(c); or

(c)

such other place as the responsible person may direct, at the responsible person’s expense.

(F161C)

In this section “the responsible person” means, as the case may be—

(a)

the person who made the arrangements under F17paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;

(F18aa)

the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;

(b)

the authority specified under F19paragraph 24(3)(b) of Schedule 6 to the Sentencing Code;

(c)

the authority designated under F20paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;

(F21ca)

the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;

(F22d)

where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or

(e)

where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.

(F231D)

If a child or young person—

(a)

is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b)

is absent, without the consent of the responsible officer (within F24the meaning given by section 191 of the Sentencing Code), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E)

A person so arrested shall be conducted to—

(a)

the place where he is required to reside, or

(b)

such other place as the local authority specified under F25paragraph 26(2)(b) of Schedule 6 to the Sentencing Code may direct,

at that local authority's expense.

(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) F26, (1A) or (1D) 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 M2F28Magistrates’ 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 F30mentioned in subsection (1), F31(1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) 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) F32or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the F33responsible personF34or the responsible officer, as the case may be.

C1(3)

A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) F35, (1A) or (1D) 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 F36level 5 on the standard scale or both.

(4)

The reference to a constable in F37subsections (1),(1A) F38, (1D) 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 subsection (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.