Office of Public Sector Information

25 Transfers between England or Wales and Northern Ireland

(1)If it appears to the Secretary of State, on the application of the [F1Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed [F2by a relevant order], that his parent or guardian resides or will reside in the ’area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect [F3F4. . . as if it were a supervision order imposing a [F5local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]]

[F6(1A)In subsection (1) above “by a relevant order” means—

(a)by a fit person order;

(b)by virtue of a training school order; or

(c)by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]

(2)If it appears to the [F7the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F8to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provions) applies] other than an interim order [F8or who is to accomodate a person pursuant to a supervision order imposing a [F5local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]] [F9or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F7the Secretary of State] may make an order committing him to the care of the managers of a training school F10. . . and the provisions of the M1Children and Young Persons Act (Northern Ireland) 1968 (except sections [F11 88(3) and 90] shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, [F12the supervision order].

F13. . .

(3)When a person is received into the care of a local authority F14. . . or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F15, care order or supervision order] in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a)in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b)in the case of an order under subsection (2), on the date when the care order [F16or supervision order] or aforesaid would have ceased to have effect by the effluxion of time or—

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4)An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority F18. . . or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority F18. . . or managers to whose care he is committed by the order.

(5)In this section ”training school” [F19and “training school order” ] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

26Transfers between England or Wales and the Channel Islands or Isle of Man

(1)The Secretary of State may by order designate for the purposes of this section an order of any description which—

(a)a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

(b)provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

(c)appears to the Secretary of State to be of the same nature as a care order other than an interim order [F1 or as a supervision order imposing a [F2local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]];

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order [F3and ”care order” means an order made under section 31 of the Children Act 1989.].

(2)The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection [F4 be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a supervision order imposing a [F2local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act] with a requirement that the child be accommodated by a designated local authority].

(4)An authorisation given to a local authority under this section shall cease to have effect when—

(a)the local authority is informed by the Secretary of State that he has revoked it; or

(b)the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

(c)the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Detention

F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ F129 Recognisance on release of arrested child or young person

[F2(1)]A child or young person arrested in pursuance of a warrant shall not be released unless. . . F3 his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

[ F4(2)In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.]]

30 Detention of young offenders in community homes

(1)The power to give directions under [F1section 92 of the Powers of Criminal Courts (Sentencing) Act 2000] (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

(2)It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

32 Detention of absentees

(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. . . F5 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. . . F5, to the premises or other place aforesaid or such other premises as the authority. . . F5 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 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b)from local authority accommodation—

(i)in which he is required to live under [F8paragraph 5 of Schedule 6 to that Act]; or

(ii)to which he has been remanded under [F9 paragraph 7(5) of Schedule 7 to that Act][F10; or

(iii)to which he has been remanded or committed under section 23(1) of this Act]

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

(1B)A person so arrested shall be conducted to—

(a)the place of safety;

(b)the local authority accommodation; or

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

(1C)In this section “the responsible person” means the person who made the arrangements under [F11paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000] or, as the case may be, the authority designated under][F12paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section][F1323 of this Act.]

(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) [F14or (1A)] 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 [F15level 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 [F16M2Magistrates’ Courts (Northern Ireland) Order 1981].

[F17(2A)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 mentioned in subsection (1) or [F18(1A)(a) or (b)(i) or (ii)] 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) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F19responsible person].]

(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F20or (1A)] 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 [F21level 5 on the standard scale] or both.

(4)The reference to a constable in [F22subsections (1),(1A) 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 [F22subsection (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.