Regulation 5 Children to whom section 25 of the Act shall not apply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(1) words inserted by Sentencing Act 2020 Sch. 24 para. 317
reg. 5(1) word inserted by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 27
reg. 5(1) words substituted by Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) 2002 reg. 10(b)
reg. 5(1) words substituted by Children Act 2002 reg. 7(b)

–

(1)

Section 25 of the Act shall not apply to a child who is detained under any provision of the Mental Health Act 1983^f1 or in respect of whom an order has been made under section 53 of the Children and Young Persons Act 1933^f2 (punishment of certain grave crimes).

(2)

Section 25 of the Act shall not apply to a child–

(a)

to whom section 20(5) of the Act (accommodation of persons over 16 but under 21) applies and who is being accommodated under that section,

(b)

in respect of whom an order has been made under section 43 of the Act (child assessment order) and who is kept away from home pursuant to that order.

Annotations

Footnotes

f1: 1983 c. 20.
f2: 1933 c. 12. Section 53(1) was substituted by section 1(5) of the Murder (Abolition of Death Penalty) Act 1965 (c. 71). Section 53(2) was amended by the Criminal Justice Act 1948 (c. 58) and section 2(1) and Schedule 4 to the Criminal Justice Act 1961 (c. 39). Section 53(4) was repealed by the Criminal Justice Act 1967 (c. 80), Schedule 7.