The Criminal Justice (Children) (Northern Ireland) Order 1998
1998/1504 · Made 24 June 1998 · Extends to Northern Ireland
24th June 1998 C1
Annotations to the whole text
Textual amendments
- F1
functions transf. by SR 2003/137
Modifications
- C1
Order (except for Articles 45 and 46): transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- IIGENERAL
- 3Age of responsibility
- 3AYouth conferences
- 3BYouth conference rules
- 3CYouth conference plans
- 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 than homicide to be 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 3A: DIVERSIONARY YOUTH CONFERENCES
- 10ADiversionary youth conferences
- 10BReferences: supplementary
- 10CRecommendations: supplementary
- 10DPlans: compliance and variation
- 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- 20Evidence given unsworn by child Repealed
- 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- 23Evidence of child in committal proceedings for violent or sexual offence Repealed
- 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
- 30APower of youth court in relation to remands
- 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
- Youth conferences
- 33ACourt-ordered youth conferences
- 33BAssociated offences
- 33CReferences: supplementary
- 33DTermination of youth conference
- 33ERecommendations: supplementary
- Fines and recognizances
- 34Fines
- 35Parent or guardian to pay fine, etc., instead of child
- 36Parent or guardian to enter into recognizance
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 36ZAParental compensation orders Not yet in force
- 36ZBParental compensation orders: the compensation Not yet in force
- 36ZCParental compensation orders: supplemental Not yet in force
- 36ZDParental compensation orders: appeal Not yet in force
- 36ZEEffect of parental compensation order on subsequent award of damages in civil proceedings Not yet in force
- Reparation orders
- 36AReparation orders
- 36BRestrictions on reparation orders
- 36CRequirements of reparation orders
- 36DSupplementary provisions about reparation orders
- Community responsibility orders
- 36ECommunity responsibility orders
- 36FRestrictions on community responsibility orders
- 36GRequirements of community responsibility orders
- 36HRules relating to community responsibility orders
- 36ISupplementary provisions about community responsibility orders
- Youth conference orders
- 36JYouth conference orders
- 36KSupplementary provisions about youth conference orders
- 36LMonitoring compliance with youth conference orders
- 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 Repealed
- 44Effect of subsequent conviction where juvenile justice centre order is in effect
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Custody care orders Not yet in force
- 44ACustody care orders Not yet in force
- 44BPeriod in secure accommodation under custody care order Not yet in force
- 44CEscape from secure accommodation Not yet in force
- 44DTaking of children to secure accommodation Not yet in force
- 44ESupervision under custody care order Not yet in force
- 44FBreach of supervision requirements Not yet in force
- 44GEffect of subsequent conviction where custody care order is in effect Not yet in force
- Grave crimes
- 45Punishment of certain grave crimes
- 46Release on licence
- 46ADuration and conditions of licences under Article 46
- 46BRecall of licensees
- Miscellaneous
- 46CRestriction on detention for default of payment of fine, etc.
- 47Limitation on punishment for contempt of court
- 48Power of courts on committal of offender Repealed
- 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
- VIIIMISCELLANEOUS AND GENERAL
- 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
- Schedule 1: DEFINITIONS OF “SEXUAL OFFENCE” AND “VIOLENT OFFENCE”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 1A: BREACH, REVOCATION AND AMENDMENT OF REPARATION ORDERS, COMMUNITY RESPONSIBILITY ORDERS AND YOUTH CONFERENCE ORDERS
- Introductory
- 1Paragraph 1
- Breach of relevant order
- 2Paragraph 2
- Order as punishment for breach
- 3Paragraph 3
- Re-sentencing for breach
- 4Paragraph 4
- Revocation, amendment and extension of relevant order
- 5Paragraph 5
- Dealing with relevant order when sentencing after subsequent conviction
- 6Paragraph 6
- Copies of revoking, amending or extending order
- 7Paragraph 7
- Presence of offender in court, remands etc.
- 8Paragraph 8
- Schedule 2: JUVENILE JUSTICE CENTRES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule Schedule
- Schedule 4: TRANSITIONAL PROVISIONS AND SAVINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule Schedule
- Schedule Schedule