Criminal Justice (Children) (Northern Ireland) Order 1998
Draft 1998, ISBN 0110790170
Draft Order in Council laid before Parliament under the Northern Ireland Act 1974, Schedule 1 paragraph 1(4)(a), for approval by resolution of each House of Parliament.
NORTHERN IRELAND
Made 1998
Coming into operation on days to be appointed under Article 1(2)
At the Court at , the day of 1998
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the 1974 c. 28.Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: GENERAL
- 3Age of responsibility
- 4Child’s welfare
- 5Words not to be used in relation to children dealt with summarily
- Part III: ARREST AND DETENTION
- 6Child arrested in pursuance of warrant to be released
- 7Child apparently under 14 arrested without warrant for offence other thanhomicide tobe released
- 8Child not released under Article 7
- 9Separation of child in police detention from adults charged with offences
- 10Duty to inform person responsible for welfare of child in police detention
- Part IV: CRIMINAL PROCEEDINGS
- 11Notice of charges against child
- 12Release on bail
- 13Remand in custody
- 14Power to enforce attendance of child
- 15Attendance of parent or guardian
- 16Separation of child from adults charged with offences
- 17Summary trial of indictable offences
- 18Exclusion of child from court during the trial of other persons
- 19Form of oath for use in youth court and by children in other courts
- 20Evidence given unsworn by child
- 21Power to clear court while child is giving evidence in certain cases
- 22Restrictions on reporting proceedings
- 23Evidence of child in committal proceedings for violent or sexual offence
- 24Power to proceed with case in absence of child in certain proceedings
- 25Extension of power to take deposition of child
- 26Admission of deposition of child in evidence in certain proceedings
- Part V: YOUTH COURTS
- 27Youth courts
- 28Assignment of certain matters to youth courts
- 29Power of magistrates' court to remit a child for trial to a youth court
- 30Powers of youth courts in relation to persons who are not or who cease to be children
- 31Remand for purpose of obtaining information
- Part VI: SENTENCING AND OTHER POWERS
- Preliminary
- 32Remission by other courts of offenders to youth courts
- 33Power to notify appropriate authority if child’s welfare requires it
- Fines and recognizances
- 34Fines
- 35Parent or guardian to pay fine, etc., instead of child
- 36Parent or guardian to enter into recognizance
- Attendance centre orders
- 37Attendance centre orders
- 38Discharge, revocation or variation of attendance centre orders
- Juvenile justice centre orders
- 39Juvenile justice centre orders
- 40Supervision under a juvenile justice centre order
- 41Breach of supervision requirements
- 42Taking of children to juvenile justice centre
- 43Effect of juvenile justice centre order where care order is in force
- 44Effect of subsequent conviction where juvenile justice centre order is in effect
- Grave crimes
- 45Punishment of certain grave crimes
- 46Discharge on licence
- Miscellaneous
- 47Limitation on punishment for contempt of court or default of payment of fine, etc.
- 48Power of courts on committal of offender
- 49Duty of parent or guardian to notify change of address
- Part VII: ATTENDANCE CENTRES AND JUVENILE JUSTICE CENTRES
- Attendance centres
- 50Attendance centres
- Juvenile justice centres
- 51Juvenile justice centres
- 52Supervising powers of Secretary of State
- 53Parental responsibility for children in juvenile justice centres
- 54Escapes from juvenile justice centres
- Inspection
- 55Power to inspect attendance centres and juvenile justice centres
- Part VIII: MISCELLANEOUS AND GENERAL
- 56Juvenile Justice Board
- 57Grants for juvenile justice centres, attendance centres and the Juvenile Justice Board
- 58Inquiries and investigations
- 59Acquisition and disposal of land
- 60Power to enter on lands
- 61Proof of documents
- 62Presumption and determination of age
- 63Appeals
- 64Transitional provisions and savings
- 65Amendments and repeals
- Signature
- Schedule 1: DEFINITIONS OF “SEXUAL OFFENCE” AND “VIOLENT OFFENCE”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: JUVENILE JUSTICE CENTRES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 3: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 59(3)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 4: TRANSITIONAL PROVISIONS AND SAVINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 5: AMENDMENTS
- Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))
- 1Paragraph 1
- Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))
- 2Paragraph 2
- Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Northern Ireland (Emergency Provisions) Act 1973 (c. 53)
- 6Paragraph 6
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 7Paragraph 7
- Judicature (Northern Ireland) Act 1978 (c. 23)
- 8Paragraph 8
- Sexual Offences (Northern Ireland) Order 1978 (NI 5)
- 9Paragraph 9
- Protection of Children (Northern Ireland) Order 1978 (NI 17)
- 10Paragraph 10
- Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27)
- 11Paragraph 11
- Perjury (Northern Ireland) Order 1979 (NI 19)
- 12Paragraph 12
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- 13Paragraph 13
- Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)
- 14Paragraph 14
- Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13)
- 21Paragraph 21
- Repatriation of Prisoners Act 1984 (c. 47)
- 22Paragraph 22
- Child Abduction (Northern Ireland) Order 1985 (NI 17)
- 23Paragraph 23
- 24Paragraph 24
- Mental Health (Northern Ireland) Order 1986 (NI 4)
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Adoption (Northern Ireland) Order 1987 (NI 22)
- 30Paragraph 30
- Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)
- 31Paragraph 31
- Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)
- 39Paragraph 39
- Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 40Paragraph 40
- Criminal Justice (Northern Ireland) Order 1994 (NI 15)
- 41Paragraph 41
- Children (Northern Ireland) Order 1995 (NI 2)
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Northern Ireland (Emergency Provisions) Act 1996 (c. 22)
- 47Paragraph 47
- 48Paragraph 48
- Juries (Northern Ireland) Order 1996 (NI 6)
- 49Paragraph 49
- Proceeds of Crime (Northern Ireland) Order 1996 (NI 9)
- 50Paragraph 50
- Criminal Justice (Northern Ireland) Order 1996 (NI 24)
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- Schedule 6REPEALS
- Explanatory note