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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - LONG TITLE An Act to re-enact with amendments the Children and Young Persons Act (Northern Ireland) 1950, and for purposes connected with that matter{1}. [12th December 1968] PART I CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 1 1.(1) Subject to the succeeding provisions of this Part, a person who intends to hand over any child to whom this section applies to another person with a view to the care and maintenance of the child by that other person (whether with a view to adoption or not) shall, except as provided in subsection (4) or (5), serve in accordance with subsection (1) of section 2 on [the Ministry of Home Affairs] ... a notice containing the particulars required by subsection (2) of that section. (2) Subject to the succeeding provisions of this Part, a person shall not undertake (whether for reward or not, and whether with a view to adoption or not) the care and maintenance of any child to whom this section applies apart from any parent or legal guardian of the child's unless (a)except as provided in subsection (4) or (5), he serves on [the Ministry of Home Affairs] ..., in accordance with subsection (1) of section 2, notice of his intention to do so containing the particulars required by subsection (2) of that section; and (b)he has obtained the written consent of [the Ministry of Home Affairs] in respect of each child whose care and maintenance he intends to undertake. (3) [The Ministry of Home Affairs] shall not withhold their consent under subsection (2)(b) in respect of any child unless they are of the opinion that he is about to be received (or, in a case of emergency, has been received) (a)by a person who is unfit or unsuitable or, having regard to the period during which he is likely to be cared for and maintained by that person, is likely to be unfit or unsuitable to have his care; or (b)in premises or an environment detrimental to him, or likely to be detrimental to him having regard to the period during which he is likely to remain there; (4) Subsections (1) and (2) shall not have effect so as to require the parent or legal guardian of a child, or, as the case may be, the person receiving a child, to serve the notice mentioned therein in any case where a notice containing the particulars applicable to a notice under subsection (1) is served on [the Ministry of Home Affairs] by a registered adoption society within the period applicable under section 2(1); nor shall they apply in any case where arrangements for the placing of a child for care and maintenance are made by [the Ministry]. (5) A person shall not be required to serve the notice mentioned in subsection (1) or (2) with respect to a child whom he intends to hand over to another for any period or, as the case may be, whose care and maintenance he proposes to undertake for any period, if (a)the child is of compulsory school age and the period is a period not exceeding one month during the whole of which the child will be lawfully absent from a school at which he is a registered pupil; or (b)a parent or guardian with whom the child resides is receiving medical treatment away from his home and the child's care and maintenance is to be undertaken by a person with whom the parent or guardian is well acquainted and in accordance with arrangements approved by him, and the period does not exceed one month; Provisions as to notices. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 2 2.(1) The notice to be served under subsection (1) or (2) of section 1 shall be served at least fourteen days before the child is handed over as described in the said subsection (1) or, as the case may be, received for the purpose of such an undertaking as is mentioned in the said subsection (2), except that where the child is so handed over or received in an emergency the notice may be served not later than seven days after the child is so handed over or received. (2) The notice to be served under the said subsection (1) or (2) shall state (so far as is known to the person giving the notice) (a)the name, sex and date and place of birth of the child; (b)the name and address of every person who is a parent or a legal or other guardian of the child's, and, if either of the child's parents is dead, the date and place of death; (c)the address where the child is to be kept, and the probable duration of his stay; (d)the reasons for handing over, or undertaking the care and maintenance of, the child; (e)the names of all persons who reside at the address mentioned in paragraph (c) and, where any of those persons are children, their ages; (f)the name and address of any person taking part in the arrangements for the handing over or, as the case may be, reception of the child; (g)particulars of any financial arrangement in connection with the handing over, reception, care or maintenance of the child; (i)a notice under the said subsection (1) shall state the name and address of the person to whom the child is to be handed over; and (ii)a notice under the said subsection (2) shall state the name and address of the person from whom the child is to be received. (3) For the purposes of subsection (2)(f), a person shall be deemed to take part in arrangements for the handing over of a child to or the reception of a child by any other person if he enters into or makes any agreement or arrangement for, or facilitates, the placing of the child in the custody of that other person, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another to do so. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 3 Additional particulars to be given in certain cases. 3.(1) A person shall not undertake the care and maintenance of a child as described in section 1(2) if (a)an order has been made against him under section 8(1) removing a child from his care or from premises of which he was the occupier; or (b)an order has been made under section 95 in respect of any child found to be in need of care, protection or control, being an order by virtue of which the child was removed from his care; or (c)he has been convicted of any offence specified in Schedule 1; or (d)his rights and powers with respect to a child have been vested in [the Ministry of Home Affairs] under section 104; or (e)[the Ministry of Home Affairs] have served on him under subsection (3) of section 16 (i)notice of the refusal of the registration of any premises on an application made by him under section 11, or (ii)notice of the cancellation of any such registration or of the registration of premises of which he was the occupier; (e)and any such refusal or cancellation has not been reversed by a court on appeal; or (f)any of the facts mentioned in paragraphs (a) to (e) obtains with respect to any person over the age of sixteen who resides at the address where the child is to be kept; (2) A person who has served notice on [the Ministry of Home Affairs] under subsection (2)(a) of section 1 of his intention to undertake the care and maintenance of a child as mentioned in that subsection shall give to [the Ministry] such further information as, within the period mentioned in, or any extended period under, subsection (3) of that section, they may by notice served on him reasonably require for the purpose of enabling them to determine whether or not their consent under subsection (2)(b) of that section should be granted. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 4 Appeal against refusal of consent. 4.(1) A person aggrieved by the withholding by [the Ministry of Home Affairs] of their consent under section 1(2)(b) to his undertaking the care and maintenance of a child may, (a)if he intends to undertake the care and maintenance of the child with a view to adoption, appeal to the county court, or (b)in any other case, by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964, appeal to a juvenile court; (2) An appeal to a county court under paragraph (a), or against a decision of a juvenile court under paragraph (b), of subsection (1) shall be heard in chambers. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 5 Further notices to be served in certain cases. 5.(1) If the person who has undertaken the care and maintenance of any child in respect of whom notice is required under section 1 intends to change his permanent address, he shall, at least seven days before any such change is made, or, if the change is made in an emergency, not later than seven days after the change, serve on [the Ministry of Home Affairs] notice of the change .... (2) If any such child is removed, in circumstances such that section 1(1) or (2) does not apply, from the care of the person who has undertaken his care and maintenance, both that person and the person who intends to receive the child on removal shall, within the like period as is mentioned in section 2(1), serve notice thereof on [the Ministry of Home Affairs]. (3) If any such child dies while in the care of a person who has undertaken his care and maintenance, that person shall within twenty-four hours of the death serve notice of the death on (a)the coroner of the district within which the body of the child lies; and (b)[the Ministry of Home Affairs]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 6 Duty of coroner to hold inquest. 6. Where the notice of the death of a child is served on a coroner under section 5(3)(a) the coroner shall hold an inquest, unless a certificate is produced to him under the hand of a doctor who therein certifies that he has personally attended the child during his last illness, and specifies the cause of death, and the coroner is satisfied that there is no ground for holding an inquest. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 7 Avoidance of policies of life insurance of certain children. 7. A person by whom a child in respect of whom notice is required to be served under the foregoing provisions of this Part is kept shall be deemed to have no interest in the life of the child for the purposes of the Life Assurance Act 1774 as extended to Ireland by the Life Insurance (Ireland) Act 1866, and if any such person directly or indirectly insures or attempts to insure the life of such a child, he shall be guilty of an offence under this Part: and if an insurance company within the meaning of the [Insurance Companies Act 1974], or any other company, society, or person, knowingly issues, or procures to be issued, to or for the benefit of such a person as aforesaid or to any person on his behalf, a policy on the life of such a child, the company, society, or person shall be guilty of an offence under this Part. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 8 Removal of children improperly kept. 8.(1) If a juvenile court is satisfied, on a complaint made by [the Ministry of Home Affairs] under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964, that any child in respect of whom a notice is required to be served on [the Ministry] under the foregoing provisions of this Part is being kept (a)by any person such as is mentioned in section 1(3)(a), or (b)in any premises or environment such as are mentioned in section 1(3)(b), or (c)by any person or in any premises in contravention of any of the foregoing provisions of this Part, (2) On proof that there is imminent danger to the health or well-being of the child, the power to make an order under this section may be exercised by a justice of the peace acting on the complaint of ... [the Ministry of Home Affairs]. (3) An order under this section may be executed by ...4 [the Ministry of Home Affairs] or by a constable, and, notwithstanding anything in section 7 of the Sunday Observance Act (Ireland) 1695, may be executed on a Sunday. (4) [The Ministry of Home Affairs] may receive into their care under section 103 any child removed under this section whether or not his circumstances are such that they fall within paragraph (a) or (b) of subsection (1) of that section and notwithstanding that he may appear to [the Ministry] to be over the age of seventeen. (5) Where a child is removed under this section [the Ministry of Home Affairs] shall, if practicable, inform a parent or legal or other guardian of his. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 9 Offences in connection with the receiving of children. 9.(1) A person shall be guilty of an offence under this Part if (a)being required under any of the foregoing provisions of this Part to serve any notice he fails to serve the notice within the period specified for the purposes of that provision; or (b)in any such notice he knowingly or recklessly makes any statement which is false in a material particular or in a material respect misleading; or (c)he undertakes the care and maintenance of a child in circumstances such that subsection (2) of section 1 applies without obtaining the consent of [the Ministry of Home Affairs] under paragraph (b) of that subsection; or (d)he contravenes the requirements of section 3; or (e)he does not comply with an order under section 8; or (f)he wilfully obstructs any person in the execution of such an order. (2) Where a child in connection with whom an offence under subsection (1) is committed was a child for whose care and maintenance the consideration consisted in whole or in part of a lump sum, the person who is guilty of the offence shall, in addition to any other penalty under this Part, be liable to forfeit that sum or such less sum as the court having cognizance of the case may deem just, and the sum forfeited shall be applied for the benefit of the child in such manner as the court may direct; and where any such sum is ordered to be forfeited the order may be enforced as though the sum were a sum adjudged to be paid by a conviction. (3) An offence committed by virtue of any failure to give a notice under section 1(2) or under subsection (1) or, in the case of a person receiving a child, subsection (2) of section 5 shall, for the purposes of section 34 of the Magistrates' Courts Act (Northern Ireland) 1964 (time limit for complaint charging summary offence) be deemed to continue so long as the child in respect of whom the notice ought to have been given remains in the care of the offender without any such notice having been given. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 10 Application of sections 1 to 9. 10.(1) The provisions of this Part have effect with respect to any child who has not attained the upper limit of compulsory school age, and where any of the foregoing provisions of this Part apply in relation to a child at the time when he ceases to be of compulsory school age, they shall continue to apply in relation to him (a)until the time when he attains the age of eighteen or ceases to reside apart from his parents or legal guardian with the person with whom he was residing when he ceased to be of compulsory school age; (b)if while residing as aforesaid he dies before attaining the age of eighteen, as respects the notice to be given under the said provisions on his death. (2) The foregoing provisions of this Part shall not have effect with respect to (a)any child or young person on whom a requirement as to residence is imposed by a supervision order or a probation order; or (b)any child in the care of [the Ministry of Home Affairs] under this Act; (c)any child boarded out by the managers of a training school; or (d)any child in respect of whom there is in force an order made under this Act committing him to the care of a fit person. Registration of premises of child-minders. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 11 11.(1) Subject to the succeeding provisions of this Part, a person shall not (whether for reward or not) regularly receive into any premises one or more children to be looked after for more than two hours in the day on more than two occasions in each week unless the premises are registered by [the Ministry of Home Affairs] in the register kept under subsection (2). (2) [The Ministry of Home Affairs] shall keep a register of premises ... into which children are received as mentioned in subsection (1), and the register shall be open to inspection by any person at all reasonable times. (3) Any person receiving or proposing to receive children into any premises as mentioned in subsection (1) may make application to [the Ministry of Home Affairs] ... for registration of the premises under this section; and on receipt of such an application [the Ministry] shall, subject to the provisions of subsection (5), register the premises to which the application relates. (4) An application under subsection (3) shall state (a)the name and address of the applicant; (b)the address of the premises; (c)the number of children to be received; (d)the name and address of every person who is, or is proposed to be, employed in looking after the children; (e)the names of all persons who reside in the premises and, where any of those persons are children, their ages; (f)whether or not in the case of the applicant, or of any person such as is mentioned in paragraph (d), or of any person such as is mentioned in paragraph (e) who is over the age of sixteen, any of the facts mentioned in paragraphs (a) to (e) of section 3(1) obtains. (5) [The Ministry of Home Affairs] may refuse to register any premises if they are satisfied that the applicant, or any person employed or proposed to be employed by him in looking after children, is not a fit person to look after children or that the premises in which children are received or proposed to be received are not fit to be used for the purpose. (6) For the purposes of subsection (5) premises may be regarded as not fit (a)because of the condition of the premises or for any reason connected with the situation, construction or size thereof; or (b)because of the condition of any equipment in the premises, or the absence of any equipment therefrom; or (c)for any reason connected with any person in the premises. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 12 Power to impose requirements in connection with registration under section 11. 12.(1) [The Ministry of Home Affairs] may, as respects any premises registered under section 11, by notice impose requirements for securing (a)that the number of children received into the premises as mentioned in that section together with any other children who reside therein does not at any time exceed such number as [the Ministry] may determine; (b)that records are kept of the children who are so received containing such particulars as may be specified by [the Ministry]; (c)that there is a sufficient number of persons, with adequate qualifications or experience, to look after the children; (d)that adequate provision is made for first-aid to the children, and that such first-aid requisites as are required by [the Ministry] to be provided are kept in such manner as may be so required and are under the control of a responsible person; (2) A requirement under this section may be imposed either on registration or at any subsequent time, and may be varied or revoked by [the Ministry of Home Affairs]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 13 Certificates of registration. 13.(1) [The Ministry of Home Affairs] shall issue certificates of registration under section 11, and any such certificates shall specify the situation of the premises to which the registration relates and any requirements imposed under section 12. (2) On any change occurring in the circumstances particulars of which are stated in a certificate issued under this section [the Ministry of Home Affairs] shall issue an amended certificate. (3) Where [the Ministry of Home Affairs] are satisfied that any certificate under this section has been lost or destroyed, [the Ministry] shall, on payment of such fee, if any, not exceeding [25p] as [the Ministry] may determine, issue a copy of the certificate. (4) Where the registration of any premises is cancelled under section 15, the person on whose application the premises were registered or, failing him, the occupier of the premises shall, within fourteen days of receiving a request for its return to [the Ministry of Home Affairs], return the certificate of registration of the premises, and any copy thereof issued under subsection (3), to [the Ministry]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 14 Offences in connection with registration. 14.(1) If any person receives children into any premises as mentioned in section 11(1) and (a)the premises are not registered in the register kept under section 11(2); or (b)that person contravenes or fails to comply with any requirement imposed under section 12 as respects those premises on or after registration in that register; (2) If (a)any person in any application under section 11(3) or in any application for the variation or revocation of a requirement imposed under section 12; or (b)any person employed or proposed to be employed by any other person in looking after children, in response to any inquiry by that other person for the purposes of any application such as is mentioned in paragraph (a); (3) If any person who is required under subsection (4) of section 13 to return a certificate or a copy of a certificate to [the Ministry of Home Affairs] fails without reasonable excuse to do so within the period mentioned in that subsection he shall be guilty of an offence under this Part. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 15 Cancellation of registration. 15. Where (a)there has been a contravention of, or non-compliance with, any requirement imposed under section 12 as respects any premises registered under section 11, or (b)it appears to [the Ministry of Home Affairs] as respects any premises registered under section 11 that circumstances exist which would justify a refusal under subsection (5) of that section to register the premises, Notices and appeals. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 16 16.(1) Not less than fourteen days before (a)refusing an application for registration under section 11, or (b)cancelling any registration under section 15, or (c)imposing or varying any requirement under section 12, (2) Every such notice shall state the grounds on which [the Ministry of Home Affairs] intend to take the action stated therein and shall contain an intimation that if within fourteen days after the receipt of the notice the said applicant or occupier informs [the Ministry] in writing of his desire to show cause, in person or by a representative, why [the Ministry] should not carry out their intention, [the Ministry] will before carrying out their intention afford him an opportunity to do so. (3) If [the Ministry of Home Affairs], after giving the said applicant, or occupier such notice and, if so required, such opportunity as aforesaid, refuse the application, cancel the registration or impose or vary the requirement, as the case may be, they shall serve on him a notice of the refusal, cancellation, imposition or variation, and inform him of his right of appeal under subsection (4) and of the period within which, by virtue of magistrates' courts rules, the appeal may be brought. (4) A person aggrieved by the action of [the Ministry of Home Affairs] in refusing an application for registration under section 11 or cancelling any such registration or imposing or varying any requirement under section 12 may, by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964, appeal to a juvenile court; and the cancellation of any registration shall not take effect until the expiration of the period within which an appeal may be brought under this section or, where such an appeal is brought, before the determination of the appeal. (5) This section shall not apply to the variation of any requirement imposed as respects any premises, where the variation is made at the request of the occupier of the premises. Inspection, etc. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 17 17.(1) It shall be the duty of [the Ministry of Home Affairs] to provide for the carrying out of this Part ..., and for that purpose they shall from time to time make inquiry whether there are any persons ... (a)who undertake the care and maintenance of children in respect of whom notice is required under section 1 or 5; or (b)who regularly receive children as mentioned in section 11(1). (2) If ... any such persons are found as are referred to in subsection (1), [the Ministry of Home Affairs] shall cause to be visited from time to time any children (a)in respect of whom notice is required under section 1 or 5, or (b)who are being looked after as mentioned in section 11(1), (3) [The Ministry of Home Affairs] may exempt from being visited, either unconditionally or subject to such conditions as they think fit, any particular premises ... which appear to them to be so conducted as to render their visitation unnecessary. (4) If any person undertaking the care and maintenance of any such children as aforesaid or regularly looking after children as mentioned in section 11(1) refuses to allow any person duly authorised by [the Ministry of Home Affairs] to visit or examine the children or the premises in which they are kept or looked after or the equipment of such premises he shall be guilty of an offence under this Part. (5) If any person so authorised is refused admittance to any premises in contravention of this Part, or has reason to believe that any children are being kept in any premises in contravention of this Part, he may apply to a justice of the peace who, on being satisfied, on a complaint in writing on oath, that there is reasonable ground for believing that an offence under this Part has been, is being or is about to be committed, may issue a warrant authorising that person to enter the premises for the purpose of ascertaining whether any offence under this Part has been, is being or is about to be committed, and, if the occupier of the premises or any other person wilfully obstructs any person acting in pursuance of such a warrant, he shall be guilty of an offence under this Part. (6) Without prejudice to the foregoing provisions of this section, where any person proposes to receive or has in his care (a)any child whose care and maintenance he has undertaken apart from any parent or guardian of the child's (whether a notice in respect of the child is required to be served under section 1 or not), or (b)any child with a view to adoption, (7) A person exercising any power of entry or inspection conferred by this section shall, if so required, produce his credentials. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 18 Penalty for offences under Part I. 18.(1) Every person who is guilty of an offence under this Part, other than an offence under section 9(1)(f), 14(3) or 17(5), shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both, and the court may order any child in respect of whom the offence was committed to be removed to and detained in a place of safety. (2) Every person who is guilty of an offence under section 9(1)(f) or 17(5) shall be liable on summary conviction to a fine not exceeding fifty pounds, and every person who is guilty of an offence under section 14(3) shall be liable on summary conviction to a fine not exceeding ten pounds. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 19 Exemption of certain persons and institutions from the provisions of Part I, and definition of ""child''. 19.(1) The provisions of this Part shall not extend (a)to any relative or legal guardian of a child who undertakes the care and maintenance of the child; (b)to any school; or to any nursery school under the management of or assisted by a local education authority; (c)to any hospital; or to any other institution maintained under or by virtue of any provision of the [Health and Personal Social Services (Northern Ireland) Order 1972]; (d)to any institution established for the protection and care and maintenance of children and conducted in good faith for religious, philanthropic or charitable purposes, but only in so far as children are received and maintained therein. (2) Without prejudice to section 10(1), for the purposes of this Part "child" means a person who has not attained the upper limit of compulsory school age. Cruelty to persons under sixteen. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 20 20.(1) If any person who has attained the age of sixteen and has the custody, charge or care of any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence, and shall be liable (a)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both; (b)on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. (2) For the purposes of this section (a)a parent or other person legally liable to maintain a child or young person shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under the [Health and Personal Social Services (Northern Ireland) Order 1972] or [the Supplementary Benefits (Northern Ireland) Order 1977]; (b)where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen, that other person shall, if he was, whilst in bed, under the influence of intoxicating liquor or drugs, be deemed to have neglected the infant in a manner likely to cause injury to its health. (3) A person may be convicted of an offence under this section (a)notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person; (b)notwithstanding the death of the child or young person in question. (4) If it is proved that a person convicted under this section was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the child or young person, and had knowledge that that sum of money was accruing or becoming payable, then (a)if he was convicted on indictment, the court shall have power, in lieu of imposing any other penalty under this section, to sentence the person convicted to imprisonment for any term not exceeding five years; and (b)if he was summarily convicted, the court in determining the sentence to be imposed shall take into consideration the fact that the person was so interested and had such knowledge. (5) For the purposes of subsection (4): (a)a person shall be deemed to be directly or indirectly interested in a sum of money if he has any share in or any benefit from the payment of that money, notwithstanding that he may not be a person to whom it is legally payable; and (b)a copy of a policy of insurance, certified to be a true copy by an officer or agent of the insurance company granting the policy, shall be evidence that the child or young person therein stated to be insured has in fact been so insured, and that the person in whose favour the policy has been granted is the person to whom the money thereby insured is legally payable. (6) Nothing in this section shall be construed as affecting the right of any parent, teacher, or other person having the lawful control or charge of a child or young person to administer punishment to him. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 21 Causing or encouraging seduction or prostitution of girl under seventeen. 21.(1) If any person having the custody, charge or care of a girl under the age of seventeen causes or encourages the commission of unlawful sexual intercourse with, or the prostitution of, or the commission of an indecent assault upon, her, he shall be guilty of an offence and shall be liable (a)on conviction on indictment to imprisonment for a term not exceeding two years; (b)on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. (2) For the purposes of this section a person shall be deemed to have caused or encouraged the commission of unlawful sexual intercourse with, or of an indecent assault upon, or the prostitution of, a girl who has had unlawful sexual intercourse, or has been indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 22 Indecent conduct towards child. 22. Any person who commits an act of gross indecency with or towards a child, or who incites a child to such an act with him or another, shall be guilty of an offence and shall be liable (a)on conviction on indictment to imprisonment for a term not exceeding two years; (b)on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 23 Allowing children or young persons to be in brothels. 23. If any person having the custody, charge or care of a child who has attained the age of four, or of a young person, allows that child or young person to reside in or to frequent a brothel, he shall be guilty of an offence and shall be liable (a)on conviction on indictment to a fine or to imprisonment for a term not exceeding six months or to both; (b)on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 24 Causing or allowing persons under sixteen to be used for begging. 24.(1) If any person causes or procures any child or young person under the age of sixteen or, having the custody, charge or care of such a child or young person, allows him to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise) he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both. (2) If a person having the custody, charge or care of a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises or place for any such purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises or place, he shall be presumed to have allowed him to be in the street, premises or place for that purpose unless the contrary is proved. (3) If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 25 Giving intoxicating liquor to children. 25. If any person gives, or causes to be given, to any child any intoxicating liquor, except upon the order of a doctor or in case of sickness, apprehended sickness, or other urgent cause, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. S.26 rep. by 1971 c.13 (NI) s.86(5) sch.12 Pt.I CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 27 Vagrants preventing children from receiving education. 27.(1) If a person habitually wanders from place to place and takes with him (a)any child who has attained the age of five; or (b)any young person who has not attained the upper limit of compulsory school age; (2) Any constable who finds a person wandering from place to place and taking a child or young person with him, may, if he has reasonable ground for believing that the person is guilty of an offence under this section, apprehend him without a warrant, and may take the child or young person to a place of safety in accordance with the provisions of this Act. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 28 Provisions supplemental to section 27. 28.(1) Where in any proceedings for an offence against section 27 it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature as to require him to travel from place to place and that the child or young person has attended a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits, the person against whom the proceedings were brought shall be acquitted; but in the case of a child or young person who has attained the age of six the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless he proves that the child has made at least one hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted. (2) The power of the Ministry of Education to make regulations under the enactments relating to education shall include a power to make regulations as to the issue of certificates of attendance for the purpose of subsection (1). CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 29 Exposing children under twelve to risk of burning. 29.(1) If any person who has attained the age of sixteen, having the custody, charge or care of any child under the age of twelve, allows the child to be in any room containing an open fire or any heating appliance liable to cause injury to a person by contact therewith, not sufficiently protected to guard against the risk of his being burnt or scalded, without taking reasonable precautions against that risk, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds. (2) Where by reason of a contravention of subsection (1) a child is killed or suffers serious injury no proceedings taken under this section shall affect any liability of any such person to be proceeded against by indictment for any indictable offence. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 30 Failing to provide for safety of children at entertainments. 30.(1) Where there is provided in any premises an entertainment for children, or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the premises, or to any part thereof, than the premises or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the premises or any part thereof, and to take all other reasonable precautions for the safety of the children. (2) Where the occupier of any premises permits, for hire or reward, the premises to be used for the purpose of an entertainment, he shall take all reasonable steps to secure the observance of the provisions of this section. (3) If any person on whom any obligation is imposed by this section fails to fulfil that obligation, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and also, if the premises in which the entertainment is given are licensed under the Cinematograph Act 1909 or under any of the enactments relating to the licensing of theatres or other premises used for public entertainment, the licence shall be liable to be revoked by the authority by whom the licence was granted or by any authority having jurisdiction in relation to any application for the transfer or renewal of the licence. (4) A constable may enter any premises in which he has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided, with a view to seeing whether the provisions of this section are or are about to be carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in subsection (3) shall have the like power of entering any premises so licensed by that authority; and if any person wilfully obstructs any constable or officer in the due exercise of any powers conferred on him by or under this subsection he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. (5) A person (other than a constable in uniform) exercising any power of entry conferred by this section shall, if so required, produce his credentials. (6) This section shall not apply to any entertainment given in a private dwelling-house. Powers of arrest. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 31 31.(1) The succeeding provisions of this section shall have effect with respect to such of the offences mentioned in Schedule 1 as are not arrestable offences within the meaning of the Criminal Law Act (Northern Ireland) 1967. (2) A constable may arrest without warrant any person who is, or whom he, with reasonable cause, suspects to be, about to commit an offence to which subsection (1) applies. (3) Where a constable, with reasonable cause, suspects that an offence to which subsection (1) applies has been committed, he may arrest without warrant any person whom he, with reasonable cause, suspects to be guilty of the offence, if he has reasonable ground for believing that that person will abscond or if he does not know and cannot ascertain that person's name and place of residence. (4) For the purpose of arresting a person under any power conferred by this section a constable may enter (if need be, by force) and search any place where that person is or where the constable, with reasonable cause, suspects him to be. (5) Where a constable arrests any person without warrant for an offence to which subsection (1) applies, the member of the Royal Ulster Constabulary in charge of the constabulary station to which the person is brought (in this section referred to as "the officer"), shall, unless in his belief the release on bail of the person arrested would tend to defeat the ends of justice, or to cause injury or danger to the child or young person against whom the offence is alleged to have been committed, release the person arrested on his entering into such a recognizance, with or without sureties, as may in the judgment of the officer be required to secure his attendance upon the hearing of the charge. (6) Any such recognizance as aforesaid may be enforced in the same manner as a recognizance to appear before a court may be enforced under the provisions of section 138 of the Magistrates' Courts Act (Northern Ireland) 1964. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 32 Warrant to search for or remove a child or young person. 32.(1) If it appears to a justice of the peace upon a complaint in writing on oath made by any person who, in the opinion of the justice, is acting in the interests of a child or young person, that there is reasonable cause to suspect (a)that the child or young person has been or is being assaulted, ill-treated, or neglected in any place within the jurisdiction of the justice, in a manner likely to cause him unnecessary suffering or injury to health; or (b)that any of the offences mentioned in Schedule 1 has been, is being or is about to be committed in respect of the child or young person; (i)authorising any constable to search for the child or young person, and, if it is found that he has been or is being assaulted, ill-treated, or neglected in manner aforesaid, or that any such offence as aforesaid has been or is being committed in respect of him, or that there is reasonable cause to suspect that any such offence is about to be committed in respect of him, to take him to a place of safety; or (ii)authorising any constable to remove him with or without search to a place of safety; (2) A justice issuing a warrant under this section may by the same warrant cause any person accused of any offence in respect of the child or young person to be arrested and brought before a magistrates' court, and proceedings to be taken against him according to law. (3) Any constable authorised by warrant under this section to search for any child or young person, or to remove any child or young person with or without search, may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove him therefrom; and if any person wilfully obstructs any such constable in the due exercise of any powers conferred on him under this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. (4) A constable executing a warrant issued under this section shall be accompanied by the complainant, if the complainant so desires, unless the justice by whom the warrant is issued otherwise directs, and may also, if the justice by whom the warrant is issued so directs, be accompanied by a doctor. (5) It shall not be necessary in any complaint or warrant under this section to name the child or young person. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 33 Mode of charging offences. 33.(1) Where a person is charged with committing any of the offences mentioned in Schedule 1 in respect (a)of two or more children; (b)of a child together with one or more than one young person; (c)of two or more young persons; (d)of a young person together with one or more than one child; or (e)of two or more children together with two or more young persons; (2) The same complaint or summons may also charge any person as having the custody, charge or care, alternatively or together, and may charge him with the offences of assault, ill-treatment, neglect, abandonment or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not, if he is summarily convicted, be liable to a separate penalty for each. (3) When any offence mentioned in Schedule 1 charged against any person is a continuous offence, it shall not be necessary to specify in the complaint, summons, or indictment the dates of the acts constituting the offence, except that, where the offence is one to which section 34(a) of the Magistrates' Courts Act (Northern Ireland) 1964 applies, the complaint and the summons shall specify that the cause of complaint still continues or ceased to continue within the six months immediately preceding the date of the complaint. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 34 Evidence of husband or wife of accused person. 34. As respects proceedings against any person for any of the offences mentioned in Schedule 1, the Criminal Evidence Act (Northern Ireland) 1923 shall apply as if Schedule 1 to that Act included references to those offences. Notification of the Ministry of Home Affairs as to proceedings under Part II. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 35 35. Where on the complaint of any person, other than [the Ministry of Home Affairs], charging an offence under this Part with respect to a child or young person a summons or warrant is issued, the complainant shall as soon as reasonably practicable notify to [the Ministry] ..., (a)the nature of the charge, and (b)the name and address of the child, so far as known to the complainant. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 36 Interpretation of Part II. 36. For the purposes of this Part any person who is the parent or legal guardian of a child or young person or who is legally liable to maintain him shall be presumed to have the custody of him, and as between father and mother the father shall not be deemed to have ceased to have the custody of him by reason only that he has deserted, or otherwise does not reside with, the mother and the child or young person; any person to whose charge a child or young person is committed by any person who has the custody of him shall be presumed to have charge of the child or young person; any other person having actual possession or control of a child or young person shall be presumed to have the care of him. General restrictions on employment of children. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 37 37.(1) Subject to the provisions of this section, of any byelaws made thereunder and of any enactment for the time being in force, no child shall be employed (a)so long as he is under the age [of thirteen years]; or (b)before the close of school hours on any day on which he is required to attend school; or (c)before seven o'clock in the morning or after seven o'clock in the evening on any day; or (d)for more than two hours on any day on which he is required to attend school; or (e)for more than two hours on a Sunday. (2) No child shall be employed (a)to lift, carry, or move anything so heavy as to be likely to cause injury to the child; or (b)in any occupation likely to be injurious to his life, limb, health, or education, regard being had to his physical condition. (3) If the local education authority serve on the employer of any child a copy of a certificate signed by a doctor that the lifting, carrying, or moving of any specified weight is likely to cause injury to the child, or that any specified occupation is likely to be injurious to the life, limb, health, or education of the child, the certificate shall be admissible as evidence in any subsequent proceedings against the employer in respect of the employment of the child. (4) A local education authority may make byelaws with respect to the employment of children and any such byelaws may contain provisions (a)authorising (i)the employment of children under the age [of thirteen years] (notwithstanding anything in subsection (1)(a)) by their parents in light agricultural or horticultural work; (ii)the employment of children (notwithstanding anything in subsection (1)(b)) for not more than one hour before the commencement of school hours on any day on which they are required to attend school; (b)specifying the occupations in which children may be employed; (c)prescribing (i)the age below which children are not to be employed; (ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed; <(iii)the intervals to be allowed to them for meals and rest; <(iv)the holidays or half-holidays to be allowed to them; (v)any other conditions to be observed in relation to their employment; (5) Nothing in this section, or in any byelaw made under this section, shall prevent a child from taking part in a performance (a)under the authority of a licence granted under this Part; or (b)in a case where by virtue of subsection (3) of section 40 no licence under that section is required for him to take part in the performance. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 38 Street trading. 38.(1) No child shall engage or be employed in street trading. (2) The local education authority may make byelaws with respect to street trading by persons between the upper limit of compulsory school age and the age of eighteen, and may by such byelaws (a)prohibit such street trading, except subject to such conditions as to age, sex, or otherwise, as may be specified in the byelaws or subject to the holding of a licence to trade to be granted by the local education authority; (b)regulate the conditions on which such licences may be granted, suspended, and revoked; (c)determine the days and hours during which, and the places at which, such street trading may be carried on; (d)require such street traders to wear badges; (e)regulate generally the conduct of such street traders. Subs.(3)(4) rep. by SLR 1980 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 39 Offences and penalties under sections 37 and 38. 39.(1) If any person employs a child or young person in contravention of the foregoing provisions of this Part, or of any byelaw made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. (2) If any person under the age of eighteen engages in street trading in contravention of the provisions of section 38 or of any byelaw made thereunder, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) Where a person is charged with the commission of an offence under subsection (1) and it is proved (a)that the commission of the offence was due to an act or default of some other person; and (b)that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by him or any person under his control, (4) The person charged as described in subsection (3) shall not be entitled to be acquitted under that subsection unless not more than fourteen days after the date of the service of the summons on him nor less than seven clear days before the date of the hearing he has given notice in writing to the complainant of his intention to rely on the provisions of that subsection, specifying the name and address of the person to whose act or default he alleges the commission of the offence was due, and has sent a like notice to that person; and that person shall be entitled to appear at the hearing and to give evidence. (5) Where the commission by any person of an offence under subsection (1) is due to an act or default of some other person, that other person may be charged with and convicted of the offence, whether or not proceedings are taken against the first-mentioned person. Restriction on persons under sixteen taking part in public performances, etc. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 40 40.(1) Subject to the provisions of this section, a person under the age of sixteen shall not take part in a performance to which this section applies except under the authority of a licence granted by the local education authority in whose area he resides or, if he does not reside in Northern Ireland, by the local education authority in whose area the applicant or one of the applicants for the licence resides or has his place of business. (2) This section applies to (a)any performance in connection with which a charge is made (whether for admission or otherwise); (b)any performance in licensed premises within the meaning of the Licensing Acts (Northern Ireland), or in any premises in respect of which a club is registered under the Registration of Clubs Act (Northern Ireland) 1967; (c)any broadcast performance; (d)any performance recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition; (3) A licence under this section shall not be required for any person under the age of sixteen to take part in a performance to which this section applies if (a)in the six months preceding the performance he has not taken part in other performances to which this section applies on more than three days; or (b)the performance is given under arrangements made by a school or made by a body of persons approved for the purposes of this section by the Ministry or by the local education authority in whose area the performance takes place, and no payment in respect of the person's taking part in the performance is made, whether to him or to any other person, except for defraying expenses; (4) The power to grant licences under this section shall be exercisable subject to such restrictions and conditions as the Ministry may prescribe, and a local education authority shall not grant a licence for a person under the age of sixteen to take part in a performance or series of performances unless they are satisfied that he is fit to do so, that proper provision has been made to secure his health and kind treatment and that, having regard to such provision, if any, as has been or will be made therefor, his education will not suffer; but if they are so satisfied, in the case of an application duly made for a licence under this section which they have power to grant, they shall not refuse to grant the licence. (5) The Ministry may prescribe, among the conditions subject to which a licence under this section is to be granted, (a)conditions requiring the approval of a local education authority (and may provide for that approval to be given subject to conditions imposed by the authority); (b)a condition requiring sums earned by the person in respect of whom the licence is granted in taking part in a performance to which the licence relates to be (i)paid into the county court and, subject to county court rules, applied or otherwise dealt with for the benefit of that person in such manner as the county court may direct, or (ii)to be applied or otherwise dealt with in a manner approved by the local education authority. (6) A licence under this section shall specify the times, if any, during which the person in respect of whom it is granted may be absent from school for the purposes authorised by the licence; and for the purposes of determining whether, under [Article 35 of and Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972], a registered pupil of a school has failed to attend regularly at the school, his absence at such times shall be disregarded. (7) A licence under this section in respect of a child who is under the age which is two years below that at which children cease to be of compulsory school age shall not be granted unless (a)the licence is for acting and the application therefor is accompanied by a declaration that the part he is to act cannot be taken except by a child of about his age; or (b)the licence is for dancing in a ballet which does not form part of an entertainment of which anything other than ballet or opera forms part and the application for the licence is accompanied by a declaration that the part he is to dance cannot be taken except by a child of about his age; or (c)the nature of his part in the performance is wholly or mainly musical and either the nature of the performance is also wholly or mainly musical or the performance consists only of opera or ballet. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 41 Supplementary provisions as to licences under section 40. 41.(1) A licence under section 40 may be varied on the application of the person holding it by the local education authority by whom it was granted or by any local education authority in whose area the performance or one of the performances to which it relates takes place. (2) The local education authority by whom such a licence was granted, and any local education authority in whose area the performance or one of the performances to which it relates takes place, may vary or revoke the licence if any condition subject to which it was granted is not observed or they are not satisfied as to the matters mentioned in section 40(4), but shall, before doing so, give to the holder of the licence such notice, if any, of their intentions as may be practicable in the circumstances. (3) Where a local education authority grant such a licence authorising a person under the age of sixteen to take part in a performance in the area of another local education authority they shall send to that other authority such particulars as may be prescribed; and where a local education authority vary or revoke such a licence which was granted by, or relates to a performance in the area of, another local education authority, they shall inform that other authority. (4) A local education authority proposing to vary or revoke such a licence granted by another local education authority shall, if practicable, consult that other authority. (5) The holder of such a licence shall keep such records as may be prescribed, and shall on request at any time not later than six months after the performance or last performance to which the licence relates produce the records to an officer of the authority who granted, or any authority who varied, the licence. (6) Where a local education authority refuse an application for a licence under section 40 or revoke or, otherwise than on the application of the holder, vary such a licence, or in granting such a licence or in giving any approval under subsection (5)(a) of that section impose any conditions otherwise than with the consent of the applicant or holder, (a)they shall serve a notice on the applicant or, as the case may be, the holder of the licence stating their grounds for doing so; and (b)the applicant or holder may, by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964, appeal to a court of summary jurisdiction against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local education authority are required to impose; and (c)the notice mentioned in paragraph (a) shall contain a statement notifying the person on whom it is served of his right of appeal under paragraph (b) and of the period within which, by virtue of magistrates' courts rules, the appeal may be brought. (7) If any person (a)causes or procures any person under the age of sixteen or, being his parent or guardian, allows him, to take part in any performance in contravention of section 40; or (b)fails to observe any condition subject to which a licence under section 40 is granted, or any condition prescribed under subsection (3) of that section; or (c)in or in connection with an application for a licence under section 40 or for the variation of such a licence under subsection (1), knowingly or recklessly makes any statement which is false in a material particular or in a material respect misleading; or (d)fraudulently alters or uses or permits to be fraudulently altered or used any licence granted under section 40 or any record which he is required to keep under subsection (5); or (e)fails to keep or produce any record which he is required to keep or produce under subsection (5); (8) The court by which the holder or one of the holders of a licence under section 40 is sentenced for an offence under subsection (7) may revoke the licence. (9) In any proceedings for an offence under subsection (7) alleged to have been committed by causing, procuring or allowing a person to take part in a performance without a licence in contravention of section 40 it shall be a defence to prove that the accused believed that the condition specified in subsection (3)(a) of that section was satisfied and that he had reasonable grounds for that belief. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 42 Prohibition against persons under sixteen taking part in performances endangering life or limb. 42. No person under the age of sixteen shall take part in any performance to which section 40 applies and in which his life or limbs are endangered and every person who causes or procures such a person, or being his parent or guardian allows him, to take part in such a performance, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 43 Restrictions on training for performances of a dangerous nature. 43.(1) No person under the age of twelve shall be trained to take part in performances of a dangerous nature, and no person under the age of sixteen shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section. (2) A licence for a person who has attained the age of twelve but is under the age of sixteen to be trained to take part in performances of a dangerous nature may be granted by the local education authority in whose area the he resides or in whose area place or any of the places at which he is to be trained is situate. (3) A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the local education authority, necessary for his protection, but a licence shall not be refused if the authority are satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment. (4) The local education authority by whom such a licence was granted may vary or revoke the licence if any condition subject to which it was granted is not observed or if it appears to them that the person to whom the licence relates is no longer fit and willing to be trained or that proper provision is no longer being made to secure his health and kind treatment, but shall, before doing so, give to the holder of the licence such notice, if any, of their intentions as may be practicable in the circumstances. (5) Where an authority refuse an application for such a licence or revoke or vary such a licence, or in granting such a licence impose any conditions otherwise that with the consent of the applicant, (a)they shall serve a notice on the applicant or, as the case may be, the holder of the licence stating their grounds for doing so; and (b)the applicant or holder may, by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964, appeal to a court of summary jurisdiction against the refusal, revocation or variation, and against any condition subject to which the licence is granted; and (c)the notice mentioned in paragraph (a) shall contain a statement notifying the person on whom it is served of his right of appeal under paragraph (b) and of the period within which, by virtue of magistrates' courts rules, the appeal may be brought. (6) If any person (a)causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of subsection (1); or (b)fails to observe any condition subject to which a licence under this section is granted; or (c)in or in connection with an application for such a licence knowingly or recklessly makes any statement which is false in a material particular or in a material respect misleading; or (d)fraudulently alters or uses, or permits to be fraudulently altered or used, any such licence; Procedure as to making and approval of byelaws of local education authority. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 44 44.(1) It shall be the duty of each local education authority to make, and, if approved in accordance with the provisions of this section, to enforce, byelaws prescribing or providing for any matter required by this Part to be so prescribed or provided by that authority. (2) A byelaw made under this Part shall not come into operation until it has been approved by the Ministry. (3) A local education authority, not less than one month before submitting any such byelaw for the approval of the Ministry, shall deposit a draft copy of the proposed byelaw at the office of the local education authority for inspection by any ratepayer, and supply a draft copy thereof to any ratepayer free of charge, and shall publish a notice of the deposit. (4) The Ministry, before approving any such byelaw, shall be satisfied that the deposit has been made, and notice published, and shall cause such inquiry, if any, to be made in the area of the local education authority as the Ministry thinks requisite. (5) A notice required to be published under subsection (3) shall be published either by advertisement in one or more than one newspaper circulating in the area of the authority, or in such other manner as the Ministry may prescribe as being in its opinion sufficient for giving information to all persons interested. (6) If any person wilfully removes, injures, or defaces any notice exhibited under in pursuance of any regulation of the Ministry made this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 45 Powers of entry. 45.(1) If it appears to a justice of the peace on complaint in writing on oath made by the local education authority or by any constable that there is reasonable cause to believe that the provisions of this Part or of any byelaws or regulations made or licences granted thereunder are being contravened with respect to any person, the justice may issue a warrant authorising any officer of the local education authority or any constable to enter, at any reasonable time within forty-eight hours of the issue of the warrant, any place in or in connection with which the person in question is, or is believed to be, employed or taking part in a performance, or being trained, and to make inquiries therein with respect to that person. (2) Any authorised officer of a local education authority or any constable may (a)at any time enter any place used as a broadcasting studio or film studio or used for the recording of a performance with a view to its use in a broadcast or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which section 40 applies; (b)at any time during the currency of a licence granted under section 40 or section 43 enter any place (whether or not it is such a place as is mentioned in paragraph (a)) where the person to whom the licence relates is authorised by the licence to take part in a performance or to be trained, and make inquiries therein with respect to that person. (3) Any person who wilfully obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer, or answers falsely, any inquiry authorised by or under this section to be made, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. (4) A person (other than a constable in uniform) exercising any power of entry conferred by this section shall, if so required, produce his credentials. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 46 Exemptions and saving. 46.(1) Nothing in this Part or in any byelaw made thereunder shall apply to the exercise of manual labour by any child while receiving instruction in manual labour in any school. (2) The provisions of this Part and of any byelaw made thereunder shall not apply to a person detained in a training school. (3) The said provisions shall be in addition to any enactments relating to the employment of children in factories, workshops, mines or quarries, or for giving effect to any international convention regulating employment. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 47 Interpretation of Part III. 47.(1) For the purposes of this Part "child" means a person who has not attained the upper limit of compulsory school age; "performance of a dangerous nature" includes all acrobatic performances and all performances as a contortionist; "street trading" includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for a profit, shoe-blacking and other like occupations carried on in streets or public places. (2) For the purposes of this Part a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour. General considerations. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 48 48. Every court in dealing with a child or young person who is brought before it, either as being in need of care, protection or control as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training. Separation of children and young persons from adults in constabulary stations, courts, etc. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 49 49. Arrangements shall be made for preventing a child or young person while detained in a constabulary station, or while being conveyed to or from any criminal court, or while waiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that so far as practicable a girl (being a child or young person ) shall, while so detained, being conveyed, or waiting, be under the care of a woman. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 50 Bail or detention of children and young persons arrested. 50.(1) Where a person apparently under the age of seventeen is arrested for an offence with or without warrant and cannot forthwith be brought before a magistates' court, the member of the Royal Ulster Constabulary for the time being in charge of the constabulary station to which he is brought (in this section referred to as "the officer") shall inquire into the case, and may release him on a recognizance being entered into by him or his parent or guardian (with or without sureties) for a reasonable amount to appear upon the hearing of the charge at the time and place named in the recognizance, and shall so release him unless (a)the charge is one of homicide or other grave crime; or (b)it is necessary in his interest to remove the person from association with any reputed criminal or prostitute; or (c)the officer has reason to believe that his release would defeat the ends of justice; (i)taken before the officer; (ii)conditioned for the attendance at the hearing of the parent or guardian as well as the person charged; (iii)enforced in the same manner as a recognizance to appear before a court may be enforced under section 138 of the Magistrates' Courts Act (Northern Ireland) 1964. (2) Where a person apparently under the age of seventeen having been arrested is not so released as aforesaid, the officer shall cause him to be detained in a remand home until he can be brought before a magistrates' court, unless the officer certifies (a)that it is impracticable to do so; or (b)that he is of so unruly a character that he cannot safely be so detained; or (c)that by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him; (3) Where a person apparently under the age of seventeen has been arrested without warrant for an offence and is neither brought forthwith before a magistrates' court nor released, he shall be brought before a magistrates' court within the period applicable under section 132 of the Magistrates' Courts Act (Northern Ireland) 1964 unless a member of the Royal Ulster Constabulary of a rank not less than district inspector certifies to a magistrates' court within that period that by reason of illness or accident the said person cannot be brought before the court. (4) Where in pursuance of this section a person is brought before a magistrates' court or a certificate relating to any person is produced in a magistrates' court, the court may remand him. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 51 Remand or committal to custody in remand homes. 51.(1) Any court, on remanding or committing for trial a child or young person who is not released on bail, shall, instead of committing him to prison, commit him to custody (a)in a remand home ...; or (b)if he is apparently of compulsory school age, and the court is held within the area of a special reception centre, and the court is satisfied that he is suitable for that centre, in the special reception centre; (i)the court may commit to a remand centre or to a prison a young person in respect of whom the court certifies that he is of so unruly a character that he cannot safely be committed as mentioned in paragraph (a) or (b), or that he is of so depraved a character that he is not a fit person to be detained as aforesaid; and (ii)before exercising its powers under paragraph (b) in relation to a person who has attained the age of twelve, the court, unless to do so would in its opinion cause undue delay, shall permit the authority providing the centre to make representations to the court as to the exercise of those powers and shall consider any representation so made. [(1A) An order for committal under subsection (1)(a) shall be authority for the detention of the person to whom it relates in any remand home and the remand home in which he is to be detained at any time shall be determined by the Ministry.] (2) An order for committal under subsection (1)(a) or (b) may be varied or, in respect of a young person who proves to be of so unruly a character that he cannot safely be detained in such custody, or to be of so depraved a character that he is not a fit person to be so detained, revoked by the court which made the order, or if application cannot conveniently be made to that court, by any magistrates' court acting for the same county, and if it is revoked the young person may be committed to a remand centre or to prison. (3) As from the commencement of section 1 of the Treatment of Offenders Act (Northern Ireland) 1968 subsections (1) and (2) shall have effect as if any reference therein to prison were a reference to a young offenders centre. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 52 Attendance at court of parents of child or young person brought before court. 52.(1) Where a child or young person is charged with any offence or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, and any such person shall be so required at any stage where the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance. (2) Where a child or young person is arrested or taken to a place of safety, such steps shall be taken as may be practicable to inform at least one person whose attendance may be required under this section. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 53 Notices of charges against and applications relating to children and young persons. 53.(1) Where a child or young person is to be brought (a)before a court in respect of an offence alleged to have been committed by him; or (b)before a juvenile court as being in need of care, protection or control; (i)to a probation officer appointed for or assigned to the petty sessions district in which the court will sit; and (ii)except where the child or young person is brought before the court by [the Ministry of Home Affairs,] to [the Ministry] .... (2) [The Ministry of Home Affairs] who have received a notification under subsection (1), and [the Ministry] ... who themselves charge any child or young person with any offence, or bring any child or young person before a juvenile court as being in need of care, protection or control shall, except in cases which appear to them to be of a trivial nature, make such investigations and render available to the court such information as to the home surroundings, school record, physical and mental health and character of the child or young person and, in proper cases, as to [the availability of accommodation at] training schools, as appears to them to be likely to assist the court; so however that [the Ministry] shall be under no obligation to make investigations as to the home surroundings of children or young persons in any petty sessions district in which arrangements have been made for such investigations to be made by a probation officer. (3) In this section "responsible person" means, (a)in a case where the child or young person is charged with an offence, the complainant, and (b)in any other case, the person bringing the child or young person before the court. Exclusion of children and young persons from court during the trial of other persons. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 54 54. No child (other than an infant in arms) and, if, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, the court so directs, no young person shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice; and any child present in court when under this section he is not to be permitted to be so, and any young person so present while any such direction is in force, shall be ordered to be removed. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 55 Power to clear court while child or young person is giving evidence in certain cases. 55.(1) Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a child or young person is called as a witness, the court may direct that all or any person not being members or officers of the court or parties to the case, their counsel or solicitors, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness. (2) The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera or to exclude a witness until his evidence is required. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 56 Form of oath for use in juvenile courts and by children and young persons in other courts. 56.(1) Subject to subsection (2), in relation to any oath administered to and taken by any person before a juvenile court or administered to and taken by any child or young person before any other court, [section 1 of the Oaths Act 1978] shall have effect as if the words "I promise before Almighty God" were set out in it instead of the words "I swear by Almighty God that". (2) Where, in any oath otherwise duly administered and taken, either of the forms mentioned in this section is used instead of the other, the oath shall nevertheless be deemed to have been duly administered and taken. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 57 Evidence of child of tender years without oath. 57.(1) Subject to subsection (2), where, in any proceedings against any person for any offence, any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his evidence may be received, though not given upon oath, if, in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and his evidence, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of the Magistrates' Courts Act (Northern Ireland) 1964 and any rules made thereunder or of this Part, shall be deemed to be a deposition within the meaning of those provisions. (2) Where evidence admitted by virtue of this section is given on behalf of the prosecution, the accused shall not be liable to be convicted of the offence unless that evidence is corroborated by some other material evidence in support thereof implicating him. (3) If any child whose evidence is received as aforesaid wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be guilty of an offence and shall be liable on summary conviction to be dealt with as if he had been summarily convicted of an indictable offence punishable in the case of an adult with imprisonment. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 58 Evidence of children in committal proceedings for sexual offences. 58.(1) In any proceedings before a magistrates' court conducting a preliminary investigation into an indictable sexual offence (a)a child shall not be called as a witness for the prosecution; but (b)any statement made in writing by or taken in writing from the child shall be admissible in evidence of any matter of which his oral testimony would be admissible; (2) Subsection (1) shall not apply (a)where at or before the time when such a statement is tendered in evidence the defence objects to the application of that subsection; or (b)where the prosecution requires the attendance of the child for the purpose of establishing the identity of any person; or (c)where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this section; or (d)where the investigation into the offence takes place after the court has discontinued, under section 53(2) of the Magistrates' Courts Act (Northern Ireland) 1964, to try it summarily and the child has given evidence in the summary trial. (3) Where in the course of a preliminary investigation into an indictable sexual offence a resident magistrate decides, under section 52 of the Magistrates' Courts Act (Northern Ireland) 1964, to deal with the offence summarily, a statement admitted in pursuance of subsection (1) shall be deemed not to be evidence of the matters to which it relates. (4) In this section "sexual offence" means any offence under (a)section 48, 52, 53, 54, 55, 61 or 62 of the Offences against the Person Act 1861; (b)the Criminal Law Amendment Act 1885; (c)the Vagrancy Act 1898; (d)the Punishment of Incest Act 1908; (e)section 101 of the Mental Health Act (Northern Ireland) 1961; or (f)section 21 or 22; [or (g)Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978;] (5) Nothing in section 3 of the Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968 shall apply to a statement to which subsection (1) applies. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 59 Power to prohibit publication of certain matter in newspapers and broadcasts. 59.(1) In relation to any proceedings in any court, the court may direct that (a)no report of the proceedings in any newspaper or in any broadcast shall reveal the name, address, or school, or include any particulars likely to lead to the identification, of any child or young person concerned in the proceedings, either as being the person by or against or in respect of whom the proceedings are taken, or as being a witness therein; (b)no picture shall be published in any newspaper or in any television broadcast as being or including a picture of any child or young person so concerned in the proceedings as aforesaid; (2) Any person who publishes any matter in contravention of any such direction shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds. Power to proceed with case in absence of child or young person. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 60 60. Where in any proceedings in relation to any of the offences mentioned in Schedule 1, the court is satisfied that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child or young person. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 61 Extension of power to take deposition of child or young person. 61.(1) Where a justice of the peace is satisfied by the evidence of a doctor that the attendance before a court of any child or young person in respect of whom any of the offences mentioned in Schedule 1 is alleged to have been committed would involve serious danger to his life or health, the justice may take in writing the deposition of the child or young person on oath, and shall thereupon subscribe the deposition and add thereto a statement of his reason for taking it and of the day when and place where it was taken, and of the names of the persons, if any, present at the taking thereof. (2) The justice taking any such deposition shall transmit it with his statement (a)if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court for trial at which the accused person has been committed; and (b)in any other case, to the clerk of the court before which proceedings are pending in respect of the offence. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 62 Admission of deposition of child or young person in evidence. 62. Where, in any proceedings in respect of any of the offences mentioned in Schedule 1, the court is satisfied by the evidence of a doctor that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the child or young person taken under the Magistrates' Courts Act (Northern Ireland) 1964 or any rules made thereunder, or this Part, shall be admissible in evidence either for or against the accused person without further proof thereof if it purports to be signed by the justice by or before whom it purports to have been taken; but such a deposition shall not be admissible in evidence either for or against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been served upon the person (whether prosecutor or accused) against whom it is proposed to be given in evidence and that he or his counsel or solicitor had, or might have had if he had chosen to be present, an opportunity of cross-examining the child or young person making the deposition. Constitution of juvenile courts. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 63 63. Courts of summary jurisdiction constituted in accordance with the provisions of Schedule 2 and sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction conferred on juvenile courts by or under this or any other Act, shall be known as juvenile courts and in whatever place sitting shall be deemed to be courts of summary jurisdiction. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 64 Assignment of certain matters to juvenile courts. 64.(1) Without prejudice to section 4 of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958 and subject to subsections (2) and (3), no charge against a child or young person, and no application whereof the hearing is by magistrates' courts rules assigned to juvenile courts, shall be heard by a magistrates' court which is not a juvenile court. (2) Notwithstanding anything in subsection (1), a charge shall be heard by a magistrates' court other than a juvenile court where the charge is made jointly against a child or young person and a person who has attained the age of seventeen. (3) Notwithstanding anything in subsection (1), a charge may be heard by a magistrates' court other than a juvenile court (a)where a child or young person is charged with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which a person who has attained the age of seventeen is charged at the same time; (b)where a child or young person is charged with an offence, and a person who has attained the age of seventeen is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence; (c)where a person who has attained the age of seventeen is charged with an offence, and a child or young person is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence; (d)where, in the course of any proceedings before any magistrates' court other than a juvenile court, it appears that the person to whom the proceedings relate is a child or young person, and the court thinks fit to proceed with the hearing and determination of those proceedings. (4) No direction, whether contained in this or any other Act, that a charge shall be brought before a juvenile court shall be construed as restricting the powers of any justice to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 65 Procedure in juvenile courts. 65.(1) Juvenile courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other enactment for the time being in force. (2) [Directions given by the Lord Chancellor under section 21(3) of the Magistrates' Courts Act (Northern Ireland) 1964] shall make such provision as is necessary to ensure, so far as is reasonably practicable, that, where a juvenile court is held on the same day and in the same place as a court of summary jurisdiction which is not a juvenile court, the times at which the courts are held shall be so arranged that persons who are to be brought before the juvenile court will not be present in the precincts of the court at the same time as adult defendants. (3) No person shall be present at any sitting of a juvenile court except (a)members and officers of the court; (b)parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case; (c)bona fide representatives of newspapers or news agencies; (d)such other persons as the court may specially authorise to be present. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 66 Powers of juvenile courts in relation to persons who are not, or who cease to be, children or young persons. 66.(1) A juvenile court sitting for the purpose of hearing a charge against a person who is believed to be a child or young person may, if it thinks fit to do so, proceed with the hearing and determination of the charge, notwithstanding that it is discovered that the person in question is not a child or young person. (2) Where any proceedings in respect of a young person are commenced before a juvenile court and he attains the age of seventeen before the conclusion of the proceedings, the court may continue to deal with the case and make any order which it could have made if he had not attained that age; and for the purposes of this subsection proceedings taken in consequence of any default, shall be deemed to be part of the original proceedings. (3) Where in any such proceedings as are mentioned in subsection (2) or in proceedings under section 97, 108, 143 or 144(1), a court makes in respect of a person who has attained the age of seventeen (a)an order sending him to a training school or committing him to the care of a fit person; or (b)a supervision order; (4) The attainment of the age of seventeen by a person in respect of whom a probation order or an order for conditional discharge has been made, shall not deprive a juvenile court of jurisdiction either to enforce his attendance and deal with him in respect of any failure to comply with the requirements of the probation order or the commission of a further offence, or to amend or discharge the probation order. (5) In this section "default" means failure to pay, or want of sufficient distress to satisfy, any fine or other sum of money, or failure to do or abstain from doing any thing required to be done or left undone; "the original proceedings" means the proceedings in which the fine was imposed or other sum awarded or the thing was ordered to be done or left undone. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 67 Remand for purpose of obtaining information. 67. Where a juvenile court has remanded a child or young person for information to be obtained with respect to him, (a)any court of summary jurisdiction or resident magistrate acting for the same petty sessions district may in his absence extend the period for which he is remanded, so, however, that he shall be brought before a court of summary jurisdiction or a resident magistrate sitting out of petty sessions at least once in every five weeks; (b)when the required information has been obtained, any juvenile court acting for the same petty sessions district or any other petty sessions district of the same county [court division] may deal with him finally. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 68 Restrictions on newspaper and broadcast reports of proceedings in juvenile courts and on appeal therefrom. 68.(1) Subject to subsection (2), (a)no report in any newspaper or in any broadcast of any proceedings in a juvenile court shall reveal the name, address or school, or include any particulars likely to lead to the identification, of any child or young person concerned in the proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein; (b)no picture shall be published in any newspaper or in any television broadcast as being or including a picture of any child or young person so concerned in any such proceedings as aforesaid. (2) Notwithstanding anything in subsection (1), the court or the Ministry may in any case, if satisfied that it is in the interests of justice so to do, by order dispense with the prohibitions of that subsection to such extent as may be specified in the order. (3) Any person who publishes any matter in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds. (4) The provisions of this section shall, with the necessary modifications, apply in relation to any proceedings on appeal from a juvenile court (including an appeal by case stated) as they apply in relation to proceedings in a juvenile court. Age of criminal responsibility. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 69 69. It shall be conclusively presumed that no child under the age of ten can be guilty of any offence. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 70 ""Conviction'' and ""sentence'' not to be used in relation to children or young persons dealt with summarily. 70. The words "conviction" and "sentence" shall cease to be used in relation to children and young persons dealt with summarily and any reference in any enactment whether passed or made before or after the commencement of this Act to a person convicted, a conviction or a sentence shall, in the case of a child or young person, be construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 71 Findings of guilt under the age of fourteen not to be disclosed in certain cases. 71.(1) If at any time a question arises as to whether a person who has been found guilty of an offence has been so found, and (a)the offence was committed before he attained the age of fourteen, and (b)not less than four years have elapsed since the finding of guilt, (2) Subsection (1) shall not apply with respect to any offence which, in the case of an adult, would have been punishable with imprisonment for fourteen years or more, nor shall it, (a)affect the continuance of any treatment to which the person is subjected in pursuance of any enactment or rule of law in consequence of the finding of guilt in question, or (b)prevent any information with respect to any treatment to which the person has been so subjected from being made available to the court after any subsequent finding of guilt. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 72 Restrictions on punishment of children and young persons. 72.(1) Notwithstanding anything contained in this Act or in any other enactment it shall not be lawful for a court of summary jurisdiction to impose a fine which together with any costs imposed exceeds in the aggregate, (a)in the case of a child, fifteen pounds; or (b)in the case of a young person, fifty pounds. (2) A child shall not be ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine, costs, damages or compensation. (3) A young person shall not be ordered to be imprisoned or to be sent to a young offenders centre for an offence, or be committed to prison or such a centre in default of payment of a fine, costs, damages or compensation, unless the court certifies that he is of so unruly or depraved a character that no other method of dealing with him is appropriate. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 73 Punishment of certain grave crimes. 73.(1) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of eighteen, nor shall any such person be sentenced to imprisonment for life ..., but in lieu thereof the court shall sentence him to be detained during the pleasure of the Governor, and, if so sentenced, he shall be liable to be detained in such place and under such conditions as the Minister may direct. (2) Where a child or young person is convicted on indictment of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law, and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence; and where such a sentence has been passed the child or young person shall, during that period, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Minister may direct. (3) A person detained pursuant to the directions of the Minister under this section shall, while so detained, be deemed to be in legal custody. (4) Any person so detained as aforesaid may, at any time, be discharged by the Minister on licence. (5) Such a licence may be in such form and may contain such conditions as the Minister may direct, and may at any time be revoked or varied by the Minister. (6) Where such a licence is revoked the person to whom the licence related may be arrested without warrant by any constable and taken to such place as the Minister may direct. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 74 Powers of courts on finding of guilt of juvenile offenders. 74.(1) Subject to section 77(1) any court by or before which a child or young person is found guilty of an offence punishable in the case of an adult with imprisonment (other than an offence to which section 73(1) applies) shall, in addition to any other powers exercisable by virtue of this Act, the Probation Act (Northern Ireland) 1950 or any other Act, have power (a)to order him to be sent to a training school; (b)to commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him; (c)if he is a child, to make a supervision order with respect to him; (d)to order him, under section 135, to attend at an attendance centre; (e)if it considers that no other method of dealing with him is suitable to commit him to custody in a remand home. (2) Where an order is made under this section committing a child or young person to the care of a fit person, a probation order may also be made under the Probation Act (Northern Ireland) 1950. (3) The term or the aggregate of the terms for which a person may be committed to custody in a remand home under this section shall not exceed the maximum term or terms for which he could (or could if he were an adult) have been sentenced to prison, and shall not on any occasion exceed one month. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 75 Powers of courts on committal of juvenile offenders. 75.(1) Where a child or young person would, if he were an adult, be liable to be committed to prison for any default, the court shall, in addition to any other powers exercisable by virtue of this or any other Act, have power if it considers that no other method of dealing with him is suitable, to commit him to custody in a remand home. (2) The term for which a person may be committed to custody in a remand home under this section shall not exceed the maximum term for which he could (or could if he were an adult) have been committed to prison and shall not on any occasion exceed one month. (3) This section applies in relation to the fixing of a term of imprisonment to be served in the event of default of payment of a fine or other sum of money as it applies in relation to committal to prison in default of such payment. (4) In this section "default" means failure to pay, or want of sufficient distress to satisfy, any fine or other sum of money, or failure to do or abstain from doing anything required to be done or left undone. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 76 Power or duty to order parent to pay fine, etc., instead of child or young person. 76.(1) Where a child or young person is charged with any offence for the commission of which a fine may be imposed or costs, damages or payment of compensation may be awarded, if the court is of opinion that the case would be best met by the imposition of a fine or by an award of costs, damages or compensation, whether with or without any other punishment, the court (a)may in any case, and (b)shall if the offender is a child, (2) In the case of a child or young person charged with any offence, the court, either in addition to or in lieu of any other order which the court has power to make, may order his parent or guardian to enter into a recognizance as security for his good behaviour. (3) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard. (4) Any sums ordered under this section to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged. (5) The Magistrates' Courts Act (Northern Ireland) 1964 shall apply in relation to recognizances under subsection (2) as it applies in relation to recognizances to be of good behaviour, and where such a recognizance is ordered to be estreated, the court, instead of ordering the person bound thereby to pay the sum in which he is bound or part of the said sum, may remit payment thereof. (6) A parent or guardian may appeal against an order under this section (a)if made by a court of summary jurisdiction, to the county court; and (b)if made by [the Crown Court, to the Court of Appeal] in accordance with [section 9 of the Criminal Appeal (Northern Ireland) Act 1980]. (7) In this section "compensation" means any compensation for loss under [Article 3 of the Criminal Justice (Northern Ireland) Order 1980]; "guardian" does not include any manager of, or person employed in connection with, a training school, as such. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 77 Remission by other courts of juvenile offenders to juvenile courts. 77.(1) Any court by or before which a child or young person is found guilty of an offence other than homicide, if it is a magistrates' court other than a juvenile court shall, and if it is a court other than a magistrates' court may, remit the case to a juvenile court acting for the place where the offender was committed for trial, or, if he was not committed for trial, to a juvenile court acting either for the same place as the remitting court or for the place where the offender resides; and, where any such case is so remitted, the offender shall be brought before a juvenile court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court. (2) Where any case is so remitted (a)the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and (b)any appeal against the finding of guilt shall, if the finding was made by a juvenile court or other court of summary jurisdiction, be made to the county court having jurisdiction to hear an appeal under paragraph (a). (3) A court by which an order remitting a case to a juvenile court is made under this section may give such directions as appear to be necessary with respect to the custody of the offender or for his release on bail until he can be brought before the juvenile court, and shall cause to be transmitted to the clerk of the juvenile court a certificate setting out the nature of the offence and stating that the offender has been found guilty thereof, and that the case has been remitted for the purpose of being dealt with under this section. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 78 Power of Minister to send certain juvenile offenders to training schools. 78.(1) The Minister may by order direct that Para.(a) rep. by 1980 NI 10 art.4(3) sch.3 (b)a child or young person with respect to whom he is authorised to give directions under section 73(2); or (c)a young person who has been ordered to be imprisoned or to be detained in a young offenders centre and has been pardoned by the Governor on condition of his agreeing to undergo training in a school; (2) The date to be specified under subsection (1) shall be not later than that on which the person will in the opinion of the Minister attain the age of nineteen, nor shall it be later Para.(a) rep. by 1980 NI 10 art.4(3) sch.3 (b)in the case of a person who was sentenced to detention under section 73(2), than the date on which his detention would have expired; (c)in the case of a young person who has been sentenced to imprisonment or to be detained in a young offenders centre and pardoned as aforesaid, than three years from the date as from which his sentence began to run. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 79 Summary trial of indictable offences. 79.(1) Where a child or young person is charged with any indictable offence, other than homicide, and (a)a court of summary jurisdiction before which he is so charged thinks it expedient to deal with his case summarily, and (b)the parent or guardian of the child or, as the case may be, the young person so charged on being informed by the court of his right to have the case tried by a jury consents to the case being dealt with summarily, and (c)the prosecutor consents, (2) For the purpose of a proceeding under this section, the court, when it becomes satisfied that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the parent or guardian or, as the case may be, the young person, and shall then cause to be addressed to him a question to the following effect: "Do you desire the case to be tried by a jury, or do you consent to the case being dealt with summarily?" with a statement, if the court thinks such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily and of the [place at which the Crown Court, at which the case will be tried if tried by a jury, may sit]. (3) Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court, if it thinks it just to do so, may remand the child for the purpose of causing notice to be served on the parent or guardian, with a view, so far as is practicable, of securing his attendance at the hearing of the charge; or the court may, if it thinks it expedient to do so, deal with the case summarily. (4) Every finding of guilt or dismissal under this section (a)of a child, shall contain a statement as to the consent or otherwise of his parent or guardian; (b)of a young person, shall contain a statement of his consent; (5) The provisions of paragraph (b) of section 34 and of subsections (1), (2), (3), (5) and (6) of section 53 of the Magistrates' Courts Act (Northern Ireland) 1964, and so much of the procedure for dealing summarily with an indictable offence under section 52 of that Act as magistrates' courts rules make applicable, shall apply in relation to offences authorised to be dealt with or dealt with under this section in like manner as they apply to offences authorised to be dealt with or dealt with under the said section 52. (6) Any reference in this section to a court of summary jurisdiction shall include a reference to a resident magistrate sitting out of petty sessions under section 33(2) of the Magistrates' Courts Act (Northern Ireland) 1964. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 80 1950 c.7 80. Where a probation order or an order for conditional discharge has been made by a court of summary jurisdiction in the case of an offender under the age of seventeen in respect of an offence not being a summary offence or an offence which, in the case of an adult, could have been tried summarily with his consent under section 52 of the Magistrates' Courts Act (Northern Ireland) 1964, any powers exercisable by that or any other court in respect of the offender after he has attained the age of seventeen under any of the following enactments, that is to say, (a)section 4(3)(a) of the Probation Act (Northern Ireland) 1950 (breach of requirements of probation order); (b)subsections (5) to (7) of section 6 of that Act (further offences committed during the probation period or during the period of conditional discharge), Functions of probation officers, etc., under supervision orders. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 81 81.(1) In this Act "supervision order" means an order placing a child or young person for a specified period, not exceeding three years, under the supervision of a probation officer or some other person appointed for the purpose by the court. (2) A supervision order shall name the petty sessions district in which the person placed under supervision resides or will reside, and any powers exercisable by a juvenile court in relation to such an order shall be exercisable by a juvenile court acting for the district for the time being so named. (3) A supervision order which places a person under the supervision of a probation officer shall have effect as an order placing him under the supervision of a probation officer appointed for or assigned to the petty sessions district for the time being named in the order and selected in accordance with the provisions of Schedule 3. (4) [The Ministry of Home Affairs] may be appointed as the person under whose supervision a person is placed by a supervision order .... (5) The provisions of Schedule 3 shall have effect with regard to supervision orders. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 82 Regard to be had to religious persuasion of persons sent to training schools. 82. The probation officer, or other person under whose supervision a child or young person is placed by a supervision order, shall, while the order remains in force, visit, advise and befriend him and, when necessary, endeavour to find him suitable employment. Coming into force of training school orders. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 83 83.(1) A court, before making a training school order with respect to any child or young person, shall endeavour to ascertain his religious persuasion. Subs.(2)(4) rep. by 1973 c.53 s.31 sch.5 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 84 Contents of training school orders 84.(1) A training school order may be made to take effect immediately, or, subject to subsection (2), its operation may be postponed to a later date specified in the order or to be subsequently specified by endorsement thereon in accordance with the succeeding provisions of this Act. (2) The operation of a training school order shall not be postponed except pending the completion of arrangements for the reception of the child or young person into a suitable school, or on account of his ill-health. (3) If a training school order is not made to take effect immediately, or if at the time when such an order takes effect the child or young person cannot be sent to the school, the court which made the order or any other court which would have jurisdiction to make an endorsement thereon under section 86 may make an order committing him either to custody in any place to which he might be committed on remand, or to the custody of a fit person to whose care he might be committed under this Act, and subject to subsection (4) that order shall have effect until he is sent to a training school in pursuance of the training school order. (4) An order made under subsection (3) shall not remain in force for more than five weeks, but if at or before the expiration of that period any such court as is mentioned in that subsection considers it expedient to do so, the court may make a further order under that subsection. (5) Any order or further order under subsection (3) may be made in the absence of the child or young person concerned. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 85 1972 NI 12 85.(1) Every training school order shall contain a declaration (a)as to the age; and (b)as to the religious persuasion; [(1A) A training school order shall be authority for the detention of the person to whom it relates in any training school and the school in which he is to be detained at any time shall be determined by the Ministry. (1B) In the selection of a training school to which a child or young person is to be sent, the Ministry shall have regard to his religious persuasion. (1C) If the parent, guardian or nearest adult relative of a person in respect of whom a training school order has been made applies to the court for an order under this subsection and proves to the court that the religious persuasion of that person is not as declared under subsection (1)(b) by the training school order, the court shall by order declare the religious persuasion of that person to be that so proved and send a copy of its order to the Ministry; but no such application shall be made with respect to any person later than thirty days after the training school order relating to him was made. (1D) The court to which an application under subsection (1C) is to be made is (a)if the training school order was made by a juvenile court or other court of summary jurisdiction, a juvenile court acting for the same petty sessions district as that court; (b)in any other case, a juvenile court acting for the petty sessions district in which the applicant resides.] Subs.(2) rep. by 1972 NI 14 art.109(3) sch.18 (3) Every training school order which is made to take effect immediately shall Para.(a) rep. by 1972 NI 14 art.109(3) sch.18; 1973 c.53 s.31 sch.5 (b)state whether ... a probation officer or a constable is to be responsible for conveying to the school the child or young person with respect to whom the order is made. (4) A training school order made in respect of a person brought before a juvenile court under [paragraph 5(3) of Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972] shall state that it is so made. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 86 Duration of training school orders. 86.(1) Where a training school order is not made to take effect immediately, then if either the date to which its operation is postponed ... or the ... person who is to be responsible for conveying him, is not specified in the order, the date, ... ... or person shall be subsequently specified by endorsement thereon. Subs.(2) rep. by 1973 c.53 s.31 sch.5 (3) An endorsement under the foregoing provisions of this section may be made either (a)by the court which made the training school order; or (b)if the order was made by a juvenile court or other court of summary jurisdiction, by a juvenile court acting for the same petty sessions district; or (c)if the order was made by a court not being a court of summary jurisdiction, by a juvenile court acting for the petty sessions district where the child or young person was committed for trial, or, if he was not committed for trial, by a juvenile court acting for the petty sessions district within which he was resident; Conveyance of children or young persons to training school. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 87 87.(1) Where a court orders a child to be sent to a training school, the order shall be an authority for his detention in a training school until the expiration of a period of three years from the date of the order or until the expiration of four months after he attains the upper limit of compulsory school age whichever is the later. (2) Where a court orders a young person to be sent to a training school, the order shall be an authority for his detention in a training school (a)if at the date of the order he has not attained the age of sixteen, until the expiration of a period of three years from the date of the order; and (b)if at the date of the order he has attained the age of sixteen, until he attains the age of nineteen. [(3) Where a person liable to be detained in a training school under a training school or other order is ordered to be detained in a young offenders centre, the training school or other order shall cease to have effect.] CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 88 Supervision and recall after expiration of order. 88.(1) The court which makes, or makes any endorsement upon, a training school order shall cause it to be delivered to the ... person responsible for conveying the child or young person to his school, and the person who conveys him to the school shall deliver the order to the person for the time being in charge of the school. (2) The court by which a training school order is made shall cause a record in the prescribed form, embodying all such information in the possession of the court with respect to the child or young person as is in the opinion of the court material to be known by the managers of the school, to be prepared and transmitted to the managers or to the person for the time being in charge of the school. (3) The ... person stated by any training school order to be responsible for conveying a child or young person to his school shall be responsible for conveying him there at the expense of the Ministry which expense may be defrayed out of moneys provided by Parliament. (4) Where a child or young person has been ordered to be sent to a training school, any person who harbours or conceals him after the time has come for him to go to his school shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, or to both. (5) Where a person authorised to take a child or young person to a training school is, when the time has come for him to go to his school, unable to find him or unable to obtain possession of him, a justice of the peace, if satisfied by complaint on oath that there is reasonable ground for believing that some person named in the complaint can produce the child or young person, may issue a summons requiring the person so named to attend at a court of summary jurisdiction on such day as may be specified in the summons and produce the child or young person and, if the person so named fails without reasonable excuse to do so, he shall, in addition to any other liability to which he may be subject under the provisions of this Act, be guilty of an offence and be liable on summary conviction to a fine not exceeding fifty pounds. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 89 Extension of period of detention in training schools. 89.(1) A person sent to a training school shall after the period of his detention be under the supervision of the managers of his school for a period of three years or until he attains the age of twenty-one, whichever may be the shorter period. (2) Where a person is released from a training school on licence and is not recalled, any period of supervision immediately following the period of his release on licence shall be reduced so that the aggregate of the period of release on licence and the period of supervision will not exceed three years, unless that person requests the managers of the school to extend the period of supervision to the full period applicable in his case under subsection (1). (3) The managers of a training school may, and, if the Minister so directs, shall, by notice in writing recall to the school any person under their supervision who is at the date of the recall under the age of nineteen, but the managers shall not recall, and the Minister shall not direct them to recall, any person under this subsection unless, in the opinion of the managers or, as the case may be, the Minister, it is necessary in his interests to recall him, nor shall the managers recall, or the Minister direct the recall of, any person during any extended period of his supervision under subsection (2). (4) A person who has been so recalled shall be released as soon as the managers think that he can properly be released, and shall in no case be detained (a)after the expiration of a period of three months or such longer period not exceeding six months as the Minister may, after considering the circumstances of his case direct; or (b)after attaining the age of nineteen. (5) The managers shall forthwith notify the Ministry of the recall of any person who is recalled by them under subsection (3) otherwise than in pursuance of a direction of the Minister's, and shall state the reasons for his recall, and when the managers release any person so recalled they shall forthwith notify the Ministry that they have done so. (6) For the purposes of this Act a person who is out under supervision from a training school shall be deemed to be under the care of the managers of the school. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 90 Provisions as to making, duration and effect of orders of committal to fit persons. 90.(1) Subject to subsection (2), if the managers of a training school are satisfied that a person whose period of detention therein is about to expire needs further care or training they may, if the Minister consents, detain him for a further period or periods not exceeding six months in all, so, however, that he shall not be detained beyond the date on which he attains the age of nineteen. (2) The powers conferred by this section shall not extend to a person who, having been a person undergoing detention in a Borstal institution or sentenced to detention under section 73(2), is detained in a training school by order of the Minister or to a person detained under paragraph 11(5) of Schedule 5. Committal to Ministry of Home Affairs as "fit person". CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 91 91.(1) Before making an order under this Act committing a child or young person to the care of a fit person, the court shall endeavour to ascertain the religious persuasion of the child or young person, and in selecting the person to whose care the child or young person is to be committed the court shall if possible select a person who either is of the same religious persuasion as the child or young person or gives an undertaking that he will be brought up in accordance with that religious persuasion. (2) Every order committing a child or young person to the care of a fit person shall contain a declaration (a)as to the age; and (b)as to the religious persuasion; (3) Every order committing a child or young person to the care of a fit person shall, subject to the provisions of this Act, remain in force until he attains the age of eighteen. (4) The person to whose care a child or young person is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were his parent, and the person so committed shall continue in his care notwithstanding any claim by a parent or any other person. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 92 1918 c.57 (8 & 9 Geo.5) 92.(1) The ... [Ministry of Home Affairs] shall, for the purposes of the provisions of this Act relating to the making of orders committing a child or young person to the care of a fit person, be deemed to be a fit person willing to undertake the care of him, and accordingly orders may be made committing children and young persons to their care, and they shall undertake the care of children and young persons so committed; but where a probation order or supervision order is in force as respects a child or young person, or the court proposes to make such an order at the same time as an order for committal to the care of [the Ministry], the last-mentioned order shall not be made unless [the Ministry] consent to the making thereof. (2) Before making an order under subsection (1) in any case where the consent of [the Ministry of Home Affairs] is not required, the court shall, unless to do so would in the opinion of the court cause undue delay, permit [the Ministry] to make representations to the court as to the making of the order and shall, before making the order, consider any representations so made. Subs.(3)(4) rep. by 1972 NI 14 art.109(3) sch.18 (5) The reference in section 9(4) of the War Pensions (Administrative Provisions) Act 1918 to an order made under section 21 or section 58(7) of the Children Act 1908 shall be construed as including a reference to an order made under the Act of 1950 or this Act. 1908 c.45 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 93 93.(1) A child or young person is in need of care, protection or control within the meaning of this Act if (a)any of the conditions mentioned in subsection (2) is satisfied with respect to him, and he is not receiving such care, protection and guidance as a good parent may reasonably be expected to give; or (b)he is beyond the control of his parent or guardian. (2) The conditions referred to in subsection (1)(a) are that (a)he is falling into bad associations or is exposed to moral danger; or (b)the lack of care, protection or guidance is likely to cause him unnecessary suffering or seriously to affect his health or proper development; or (c)any of the offences mentioned in Schedule 1 has been committed in respect of him or in respect of a child or young person who is a member of the same household; or (d)he is a member of the same household as a person who has been convicted of such an offence in respect of a child or young person; or (e)the child or young person is a female member of a household a member of which has committed or attempted to commit an offence under section 1 of the Punishment of Incest Act 1908. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 94 1964 c.21 94.(1) Any constable or authorised person having reasonable grounds for believing that a child or young person is in need of care, protection or control may, after consultation with [the Ministry of Home Affairs] ..., by complaint made under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964 bring him before a juvenile court; and it shall be the duty of [the Ministry] to bring before a juvenile court any child or young person ... who appears to them to be in need of care, protection or control unless they are satisfied that the taking of proceedings is undesirable in his interests, or that proceedings are about to be taken by some other person. (2) For the purposes of subsection (1), if [the Ministry of Home Affairs] receive information suggesting that any child or young person may be in need of care, protection or control it shall be the duty of [the Ministry] to cause inquiries to be made into the case unless they are satisfied that such inquiries are unnecessary. (3) No child or young person shall be brought before a juvenile court by his parent or guardian on the ground that he is unable to control him; but where the parent or guardian is of the opinion that the child or young person is beyond his control he may make representations to [the Ministry of Home Affairs] ... to that effect, and [the Ministry] shall take those representations into account in considering whether the child or young person is, or whether there are reasonable grounds for believing him to be, in need of care, protection or control. (4) If, following any representations made by a parent or guardian with respect to a child or young person as mentioned in subsection (3), [the Ministry of Home Affairs] do not bring the child or young person before a juvenile court under subsection (1), the parent or guardian may by notice request them to do so, and if [the Ministry] refuse to comply with the request or fail to comply with it within twenty-eight days from the date on which the notice is served on them, the parent or guardian may apply by notice of appeal under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964 to a juvenile court for an order directing them to do so; and where such a notice of appeal is given (a)[the Ministry] shall make available to the court such information as to the home surroundings, school record, health and character of the child or young person as appears to them likely to assist the court and shall for that purpose make such investigations as may be necessary; (b)on the hearing of the appeal the child or young person shall not be present in court. (5) A person of or over the age of sixteen who is or has been married shall not be brought before a juvenile court under this section. (6) For the purposes of this section and section 95, the expression "authorised person" means any officer of a society which is authorised by general or special order of the Ministry to institute proceedings under this section, and any person who is himself so authorised. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 95 1964 c.21 95.(1) If a juvenile court is satisfied that any person brought before the court under section 94 by [the Ministry of Home Affairs], constable or authorised person, is a child or young person in need of care, protection or control, the court may either (a)order him to be sent to a training school; or (b)commit him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him; or (c)order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; or (d)without making any other order, or in addition to making an order under paragraph (b) or (c), make a supervision order with respect to him; (2) The Magistrates' Courts Act (Northern Ireland) 1964 shall apply in relation to recognizances under subsection (1) as it applies in relation to recognizances to be of good behaviour, and where such a recognizance is ordered to be estreated, the court, instead of ordering the person bound thereby to pay the sum in which he is bound or part of the said sum, may remit payment thereof. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 96 Power of probation officer, etc., to bring child or young person before court. 96.(1) Any court by or before which a person is convicted of having committed in respect of a child or young person any of the offences mentioned in Schedule 1 (not being an offence which resulted in the death of the child or young person) (a)may direct that the child or young person be brought before a juvenile court with a view to that court making such order under section 95 as may be proper; or (b)if satisfied that the material before the court is sufficient to enable it properly to exercise jurisdiction, may make any order which a juvenile court might make. (2) Where any court has, under subsection (1), directed that a child or young person be brought before a juvenile court it shall be the duty of [the Ministry of Home Affairs] ... to bring him before such a court under section 94(1). (3) Where a child or young person is brought, under section 94, before a juvenile court other than one acting for the petty sessions district in which he resides and the court is of opinion that he might be found to be in need of care, protection or control, the court, instead of dealing with the case, may direct that he be brought before a juvenile court acting for the petty sessions district in which he resides; and where the court so directs (a)it shall be the duty of [the Ministry of Home Affairs] ... to bring him before such a court under section 94 within twenty-one days; and (b)the court may give such directions as appear to it necessary with regard to the custody of the child or young person until he can be brought before that juvenile court and shall cause the clerk of that juvenile court to be informed. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 97 1964 c.21 97.(1) The probation officer, or other person under whose supervision a child or young person is placed by a supervision order, may, if it apears necessary in his interests to do so, at any time while the order remains in force and he is under the age of eighteen, by complaint made under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964 bring him before a juvenile court. (2) A juvenile court before which a person is brought under subsection (1) may (a)if it thinks that it is desirable in his interests to do so, (i)order him to be sent to a training school; or (ii)commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him; or (b)order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; (3) The provisions of subsection (2) of section 95 shall apply in relation to a recognizance under subsection (2)(b) as they apply in relation to a recognizance under subsection (1) of that section. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 98 Removal or remand of certain persons to place of safety. 98. Where any court before which a child or young person is brought under section 94(1) or 97, is not in a position to decide what order ought to be made, the court may (whether or not it also makes an interim order under section 101(1)) record a finding of the fact that the child or young person is in need of care, protection or control; and the record of that finding shall be admissible as evidence of that fact for the purpose of any further hearing of that application. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 99 Persons detained in place of safety. 99. A constable, or any person authorised by any court or by any justice of the peace, may take to a place of safety any child or young person in respect of whom any of the offences mentioned in Schedule 1 has been or is believed to have been committed, or any person who is about to be brought before a juvenile court in accordance with section 94, 96 or 97, and subject to section 100 a person so taken to a place of safety, and any child or young person who has taken refuge in a place of safety, may be detained there until he can be brought before a juvenile court. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 100 1967 c.35 100.(1) A court or justice of the peace (a)ordering the removal of a person to a place of safety under section 8(1) or 18; or (b)issuing a warrant under section 32 authorising a constable to take a person to a place of safety; or (c)authorising any person under section 99 to take any other person to a place of safety; or (d)ordering the removal of a child or young person to a place of safety under section 14 of the Adoption Act (Northern Ireland) 1967, (2) The period to be specified under subsection (1) shall be a period not exceeding five weeks. (3) Where a child or young person has taken refuge in a place of safety or has been taken there otherwise than under the authority of a court or justice of the peace, he shall be brought before a juvenile court or a justice of the peace within the period of eight days beginning with the day when he arrived at the place of safety, unless he has been released or received into the care of [the Ministry of Home Affairs]. (4) A person required to be brought before a juvenile court or a justice of the peace under subsection (1) or (3) shall (if not otherwise brought before the court or justice) be brought before the court or justice by [the Ministry of Home Affairs] ..., and the person occupying or in charge of a place of safety not provided by [the Ministry] shall as soon as practicable notify [the Ministry] whenever any other person takes refuge or is removed or taken there as mentioned in subsection (1) or (3). (5) Notwithstanding anything in the preceding provisions of this section, where the person to be brought before a court or justice of the peace is under the age of five or cannot be brought before the court or justice by reason of illness or accident, the duty to bring him before the court or justice may be discharged by the making of an application for an order under section 101(1). CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 101 Power to deal with children and young persons who become in need of medical treatment while under detention. 101.(1) Where a person is brought before a juvenile court or a justice of the peace in pursuance of subsection (1) or (3) of section 100 or an application is made in respect of any person to a juvenile court or justice of the peace in pursuance of subsection (5) of that section, the court or justice may order him to be released or the court, if not in a position to decide what order, if any, should be made under section 95 or 97 in his case, or the justice, may make an interim order for his detention or further detention in a place of safety or for his committal to the care of a fit person, whether a relative or not, who is willing to undertake the care of him. (2) Unless extended under subsection (3), an interim order under subsection (1) shall not remain in force beyond the date of expiry of a period of five weeks. (3) An interim order under subsection (1) may from time to time be varied or extended by the court or justice of the peace who made it or by any other juvenile court acting for the same petty sessions district as the first-mentioned court or any other justice of the peace acting for the same county [court division] as the first-mentioned justice, and in the case of a child under the age of five may be so varied or extended in the absence of the child; but a person shall not be detained by virtue of an interim order (whether in the same place of safety or in different such places) for a period exceeding ten weeks in all. (4) Where a child or young person has been taken to a place of safety or has taken refuge in a place of safety, as mentioned in section 100(1) or (3), or is detained in a place of safety in pursuance of an interim order made under this section, any person who (a)knowingly assists or induces the child or young person to run away from the place of safety; or (b)without lawful authority takes away the child or young person from the place of safety; or (c)knowingly harbours or conceals the child or young person who has so run away or been so taken away from the place of safety, or prevents him from returning thereto; Duty of Ministry of Home Affairs to provide for orphans, deserted children, etc. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 102 102.(1) Where, with respect to a child or young person who is being detained in a place of safety under an interim order having effect by virtue of section 101, a court or justice of the peace is satisfied on any occasion that, by reason of illness or accident, he is unable to appear personally before the court or justice, any extension or variation of the interim order which the court or justice has power to make on that occasion may be made in the absence of the child or young person. (2) If at any time while there is in force an order made by a court or justice of the peace for the detention of a child or young person in a remand home or in some other place of safety, the child or young person is found, by reason of illness or accident, or for any other reason, to be in need of any medical treatment or examination which cannot properly be given or made in the remand home or other place of safety the person in charge of the remand home or other place of safety may remove the child or young person therefrom to any place of safety being a place in which the necessary treatment or examination can be given or made; and the order shall, so long as it remains in force, (a)apply to the child or young person as if, whilst being so removed to the last-mentioned place of safety, whilst detained therein for the purpose of the giving of the treatment or the making of the examination, and whilst being taken back to the place from which he was so removed, he continued to be detained in the remand home or other place of safety specified in the order, and (b)be deemed to authorise the child or young person to be taken to a court or before a justice from any place to which he has lawfully been removed by virtue of this subsection. (3) Whenever, in pursuance of subsection (2), a child or young person is removed from any remand home or other place of safety for his detention in which such an order as is mentioned in that subsection has been made, being an order in force at the time of the removal, the person by whom he is so removed shall forthwith give written notice of the fact to the clerk of the court by which, or the justice of the peace by whom, the order was made; but this subsection shall not apply in relation to the removal of a child or young person under this section who returns to the remand home or place of safety on the day on which he is so removed. (4) In sections 99 to 101 and this section "young person" includes a person of or over the age of seventeen who is about to be brought before a juvenile court under section 97. Power of Ministry of Home Affairs to apply for parental rights order. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 103 103.(1) Where it appears to [the Ministry of Home Affairs] with respect to a child ... appearing to them to be under the age of seventeen (a)that he has neither parent nor guardian or has been and remains abandoned by his parents or guardian or is lost; or (b)that his parents or guardian are, for the time being or permanently, prevented by reason of mental or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing; (2) Where [the Ministry of Home Affairs] have received a child into their care under this section, it shall, subject to the provisions of this Part, be their duty to keep the child in their care so long as the welfare of the child appears to them to require it and the child has not attained the age of eighteen. (3) Nothing in this section shall authorise [the Ministry of Home Affairs] to keep a child in their care under this section if his parent or guardian desires to take over the care of the child, and [the Ministry] shall, in all cases where it appears to them consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either: (a)by a parent or guardian of his; or (b)by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion. Subs.(4)(5) rep. by 1972 NI 14 art.109(3) sch.18 (6) Where under section 89 a child is under the supervision of the managers of a training school and it appears to the managers that the child has no home or that his home is unsatisfactory, then, with the consent of the managers, [the Ministry of Home Affairs] may (without prejudice to the other provisions of this section, if those provisions apply) receive the child into their care; and when they do so (a)the provisions of so much of subsection (3) as requires [the Ministry] to endeavour to secure that the care of a child is taken over by a parent, guardian, relative or friend, [... PS0800shall not applyPS1000]; and (b)the child shall not, for the purposes of this Act, be deemed to have ceased to be under the care of the managers of the school. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 104 1964 c.21 104.(1) Where it appears to [the Ministry of Home Affairs] with respect to any child in their care under section 103 that: (a)his parents are dead and that he has no guardian; or (b)the whereabouts of any parent or guardian of his have remained unknown for not less than a year; or (c)a parent or guardian of his has abandoned him or suffers from some disability of mind or body rendering the parent or guardian incapable of caring for the child, or is of such habits or mode of life as to be unfit to have the care of the child; or (d)a parent or guardian of his has so persistently failed without reasonable cause to discharge the obligations of a parent or guardian as to be unfit to have the care of the child; (2) On any application by [the Ministry of Home Affairs] to a juvenile court, by complaint under subsection (1), for a parental rights order in respect of any child any relative or next-of-kin of that child may appear before the juvenile court and object to the making of the order, and, where [the Ministry] propose to apply for a parental rights order by virtue of paragraph (c) or (d) of that subsection, [the Ministry] shall, if the whereabouts of the parent or guardian are known to them, serve on such parent or guardian at least seven days' notice of their intention to apply for the order, and the said parent or guardian may appear before the juvenile court and object to the making of the order; and every notice served under this subsection shall inform the parent or guardian of his right so to appear and object. (3) A juvenile court shall not make a parental rights order by virtue of subsection (1)(c) unless satisfied that (a)the child has been, and at the time of the application for such order remains, abandoned by his parent or guardian; or (b)the parent or guardian (i)suffers from some disability of mind or body rendering him incapable of caring for the child; or (ii)is of such habits or mode of life as to be unfit to have the care of the child. (4) A juvenile court shall not make a parental rights order by virtue of subsection (1)(d) unless satisfied that the parent or guardian is unfit to have the care of the child by reason of his persistent failure to discharge the obligations of a parent or guardian. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 105 Duration of parental rights orders. 105.(1) While a parental rights order made by virtue of section 104(1)(a) is in force with respect to a child, all rights and powers which the deceased parents would have had if they were still living shall, in respect of the child, be vested in [the Ministry of Home Affairs] subject to such conditions and exceptions as may be mentioned in the order. (2) While a parental rights order made by virtue of section 104(1)(b), (c) or (d) is in force with respect to a child, all rights and powers of the parent or guardian shall, in respect of the child, be vested in [the Ministry of Home Affairs] subject to such conditions and exceptions as may be mentioned in the order, and accordingly while the order remains in force (a)references in section 103(3) to a parent or guardian shall not include references to a parent or guardian divested by the order of parental rights and powers in respect of the child; and (b)[the Ministry] shall be liable to maintain the child. (3) A parental rights order shall not prevent [the Ministry of Home Affairs] from allowing the child to be, either for a fixed period or until [the Ministry] otherwise determine, under the control of a parent, guardian, relative, next-of-kin or friend in any case where it appears to [the Ministry] to be for the benefit of the child. (4) Where a parental rights order is in force in respect of a child and the child has ceased to be in the care of [the Ministry of Home Affairs] ..., then (without prejudice to the provisions of section 103, if those provisions apply) [the Ministry] ... shall have power to receive the child back into their care in any circumstances in which it appears to them that their intervention under this subsection is necessary in the interests of the welfare of the child. (5) Where [the Ministry of Home Affairs] receive a child into their care under subsection (4), the provisions of this Act, ..., shall apply as if the child had been received into their care under that section. (6) A parental rights order shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child; and [the Ministry of Home Affairs] may recover as a civil debt due to them by any such person the amount of any money expended by them on such maintenance. (7) A parental rights order shall not authorise [the Ministry of Home Affairs] to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made. (8) Any person who (a)knowingly assists or induces a child to whom this subsection applies to run away, or (b)without lawful authority takes away such a child, or (c)knowingly harbours or conceals such a child who has run away, or prevents him from returning, This subsection applies to any child in the care of [the Ministry of Home Affairs] under section 103 in respect of whom a parental rights order is in force and for whom accommodation (whether in a home or otherwise) is being provided by [the Ministry] in pursuance of Part VII; and references in this subsection to running away or taking away or to returning are references to running away or taking away from, or returning to, a place where accommodation is or was being so provided. (9) Any person who (a)has been allowed by [the Ministry of Home Affairs] in accordance with subsection (3) to take over the control of a child, and (b)is required by [the Ministry] by notice served on him to return the child at a time specified in the notice (which, if that person has been allowed to take over the control of the child for a fixed period, shall not be earlier than the end of that period), (10) A person who is guilty of an offence under subsection (8) or (9) shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 106 1964 c.21 106.(1) Subject to the provisions of this Part, a parental rights order shall continue in force until the child with respect to whom it was made attains the age of eighteen. (2) A parental rights order may be discharged on application made to a juvenile court by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964 (a)where the order was made by virtue of paragraph (a) of subsection (1) of section 104, by a person claiming to be the parent or guardian of the child or by a relative, next-of-kin or friend of the child; (b)where the order was made by virtue of paragraph (b), (c) or (d) of that subsection, by the parent or guardian of the child or by a relative, next-of-kin or friend of the child; (c)in either case, by [the Ministry of Home Affairs] ...; Powers of juvenile court to deal with persons in the care of the Ministry of Home Affairs. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 107 107.(1) The reception of a child into their care by [the Ministry of Home Affairs] under section 103, and the making of a parental rights order with respect to him, shall not affect any supervision order or probation order previously made with respect to him by any court unless, in the case of a parental rights order, that order otherwise directs. (2) Where an order of any court is in force giving the custody of a child to any person, the foregoing provisions of this Part shall have effect in relation to the child as if for references to the parents or guardian of the child or to a parent or guardian of his there were substituted references to that person. (3) Without prejudice to section 141(2), where a training school order is made with respect to a child or an order is made under this Act committing him to the care of a fit person, subsection (2) shall apply as if the order were an order giving the custody of him to the managers of the training school or the person to whose care he was committed by the order, as the case may be. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 108 Children in care of Minister of Social Security. 108. Where [the Ministry of Home Affairs] satisfy a juvenile court that a child in their care under section 103 is refractory, and the court thinks it expedient to do so, the court may (a)order him to be sent to a training school; or (b)commit him to the care of a fit person (other than [the Ministry]) whether a relative or not, who is willing to undertake the care of him; 1918 c.57 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 109 109.(1) Nothing in this Act shall be construed as affecting any duty or power imposed or conferred on the Minister of Social Security by or under section 9 of the War Pensions (Administrative Provisions) Act, 1918, with respect to children to whom that section applies. (2) Where the Minister of Social Security requires the transfer to him of the care of any such child as aforesaid who is in the care of [the Ministry of Home Affairs] under section 103, the care of that child shall forthwith be transferred to him; and thereupon the child shall cease to be in the care of [the Ministry]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 110 1871 c.22 110. If a child who is in the care of [the Ministry of Home Affairs] under section 103 comes pursuant to the provisions of the Lunacy Regulation (Ireland) Act 1871 or the Mental Health Act (Northern Ireland) 1961 under the control of any person or authority he shall thereupon cease to be in the care of [the Ministry] under this Act, but where, immediately before he comes under such control as aforesaid, a parental rights order was in force with respect to him, the rights and powers conferred on [the Ministry] by the order shall, so long as the order is in force, continue to be exercisable by [the Ministry], so, however, that the said rights and powers shall not be exercisable as against the person or authority having such control or so as to interfere with anything done by that person or authority with respect to the child. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 111 Scope of Part VII. 111.(1) The parent of a child who is in the care of [the Ministry of Home Affairs] under section 103 shall secure that the ... [Ministry] are informed of the parent's address for the time being. Subs.(2)(3) rep. by 1972 NI 14 art.109(3) sch.18 (4) Any parent who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [#50]. (5) It shall be a defence in any proceedings under subsection (4) to prove that the defendant was residing at the same address as the other parent of the child, and had reasonable cause to believe that the other parent had informed the ... [Ministry] that both parents were residing at that address. General duty of Ministry of Home Affairs. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 112 112. This Part relates to the powers and duties of [the Ministry of Home Affairs] in relation to children received by them into their care under section 103 and children who by an order of any court under Part IV have been committed (whether as children within the meaning of Part IV, or as young persons), to their care as a fit person, and references in this Part to a child in the care of [the Ministry] are references to a child for the time being received into or committed to the care of [the Ministry] as aforesaid. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 113 Mode of provision of accommodation and maintenance. 113.(1) Where a child is in the care of [the Ministry of Home Affairs], it shall be the duty of that [Ministry] to exercise their powers with respect to him so as to further his best interests, and to afford him opportunity for the proper development of his character and abilities. (2) In providing for a child in their care [the Ministry of Home Affairs] shall make use of facilities and services available for children in the care of their own parents and, in particular, shall ensure that no child in their care is deprived of the utmost benefits available under the enactments relating to health, education and employment services. Subs.(3)(6) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 114 Regulations as to boarding-out. 114.(1) Subject to the provisions of this section, [the Ministry of Home Affairs] shall discharge their duty to provide accommodation and maintenance for a child in their care (a)by boarding him out on such terms (whether as to payment by [the Ministry] or otherwise) as [the Ministry] may, subject to the provisions of this Act and regulations thereunder, determine; or (b)where it is not practicable or desirable for the time being to make arrangements for boarding-out, by maintaining the child in a home provided under this Part or by placing him in a voluntary home the managers of which are willing to receive him. (2) A child who is in the care of [the Ministry of Home Affairs] and has attained the upper limit of compulsory school age may be accommodated and maintained in any hostel (whether provided by [the Ministry] or not) which is wholly or mainly intended for persons who have attained the upper limit of compulsory school age but have not attained the age of twenty-one. (3) Nothing in this section shall be construed as preventing [the Ministry of Home Affairs] from making use, for the benefit of any child, of any such facilities and services as are referred to in section 113(2), and for that purpose arranging for his accommodation and maintenance in any suitable manner not specified in the foregoing provisions of this section. Subs.(4) rep. by 1972 NI 14 art.109(3) sch.18 (5) Where under this section [the Ministry of Home Affairs] provide for a child by maintaining him in a home or hostel not provided by [the Ministry], the terms, whether as to payment by [the Ministry] or such other matters, upon which the child is so maintained shall be such as may, ... be agreed upon between [the Ministry] and the persons providing the home or hostel. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 115 Duty of Ministry of Home Affairs to provide homes. 115.(1) The Ministry may by regulations make provision for the welfare of children boarded out by [the Ministry] under section 114(1)(a). (2) Without prejudice to the generality of subsection (1), regulations under this section may provide (a)for the recording ... of information relating to persons with whom children are boarded out as aforesaid and persons who are willing to have children so boarded out with them; (b)for securing that children shall not be boarded out in any household unless that household is for the time being approved by [the Ministry] ...; (c)for securing that where possible the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child will be brought up in that religious persuasion; (d)for securing that children boarded out as aforesaid, and the premises in which they are boarded out, will be supervised and inspected by [the Ministry] and that the children will be removed from those premises if their welfare appears to require it. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 116 Accommodation of children in voluntary homes. 116.(1) [The Ministry of Home Affairs] may, ..., provide, equip and maintain, ..., homes for the accommodation of children in their care. (2) Accommodation provided under this section by [the Ministry of Home Affairs] shall include accommodation for the temporary reception of children with, in particular, the necessary facilities for the observation of their physical and mental condition. Subs.(3)(6) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 117 Power of Ministry of Home Affairs to arrange for emigration of children. 117.(1) Notwithstanding any agreement made in connection with the placing of a child in a voluntary home under this Part by [the Ministry of Home Affairs, the Ministry] may at any time, and if required so to do by ... the managers of the home shall, remove the child from the home. (2) Where possible a child in the care of [the Ministry of Home Affairs] shall not be placed in a voluntary home unless the person in charge thereof is of the same religious persuasion as the child or gives an undertaking that the child will be brought up in that religious persuasion and, in any event, no child in the care of [the Ministry] shall be placed in a voluntary home which does not afford facilities for him to receive instruction in the religious persuasion to which he belongs. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 118 Burial or cremation of deceased children. 118.(1) [The Ministry of Home Affairs] may, with the consent of the Minister, procure or assist in procuring the emigration of any child in their care. (2) The Minister shall not give his consent to arrangements for the emigration of a child under subsection (1) unless he is satisfied that the child (a)consents, or (b)being too young to form or express a proper opinion on the matter, is to emigrate (i)in company with a parent, guardian or relative of his, or (ii)for the purpose of joining a parent, guardian, relative or friend, 1975 c.15 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 119 119.(1) Subject to subsection (2), [the Ministry of Home Affairs] may cause to be buried or cremated the body of any deceased child who immediately before his death was in the care of [the Ministry]. (2) [The Ministry of Home Affairs] shall not cause the body to be cremated under this section where cremation is not in accordance with the practice of the child's religious persuasion. (3) Where [the Ministry of Home Affairs] exercise the powers referred to in subsection (1), they may if at the time of his death the child had not attained the age of sixteen recover as a civil debt due to them from any parent of the child any expenses incurred by them under that subsection less any amount received by [the Ministry] by way of death grant in respect of that death [under section32 of the Social Security (Northern Ireland) Act 1975]. (4) Nothing in this section shall affect any enactment regulating or authorising the burial or cremation of the body of a deceased person.Provision of hostels for persons under twenty-one. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 120 120.(1) Where it comes to the knowledge of [the Ministry of Home Affairs] that there is [a] child who has attained the upper limit of compulsory school age and who at the time when he attained that age or at any subsequent time was, but is no longer, in the care of [the Ministry] under section 103, then, unless [the Ministry] are satisfied that the welfare of the child does not so require, they shall be under a duty so long as he has not attained the age of eighteen to advise and befriend him. Subs.(2)(3) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 121 Financial assistance towards expenses of maintenance, education or training of persons over seventeen. 121.(1) [The Ministry of Home Affairs] may, ..., provide hostels for persons (a)who are over compulsory school age but have not attained the age of twenty-one; and (b)who are, or have at any time after ceasing to be of compulsory school age been, in the care of [the Ministry]; (2) [The Ministry of Home Affairs] may accommodate in hostels provided under this section persons who fulfil the conditions specified in paragraph (a), but not those specified in paragraph (ba), of subsection (1), as well as persons who fulfil the conditions specified in both those paragraphs; and [the Ministry], in determining how much hostel accommodation to provide under subsection (1), shall have regard to the desirability of facilitating the association of persons who fulfil the conditions specified in both those paragraphs with persons who do not. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 122 Powers of Ministry of Home Affairs to visit and assist persons formerly in their care. 122.(1) [The Ministry of Home Affairs] may make contributions to the cost of the accommodation and maintenance of any such person as is mentioned in section 121(1), being either a person (a)who has attained the age of seventeen but has ceased to be in the care of [the Ministry], or (b)who has attained the age of eighteen, (2) [The Ministry of Home Affairs] may make grants to persons who have attained the age of seventeen but have not attained the age of twenty-one, and who at or after the time when they attained the age of seventeen were in the care of [the Ministry], to enable them to meet expenses connected with their undergoing suitable education or training. (3) Where a person: (a)is engaged in a course of education or training at the time when he attains the age of twenty-one; or (b)having previously been engaged in a course of education or training which has been interrupted by any circumstances, resumes the course as soon as practicable; Subs.(4) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 123 Power of Ministry of Home Affairs to guarantee apprenticeship deeds, etc., of persons in their care. 123. Where a person was at or after the time when he attained the age of seventeen in the care of [the Ministry of Home Affairs], but has ceased to be in their care, then, while he is under the age of twenty-one, [the Ministry], if so requested by him, may cause him to be visited, advised and befriended and, in exceptional circumstances, to be given financial assistance. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 124 Definition of voluntary homes. 124. While a person is in the care of [the Ministry of Home Affairs] under this Act, [the Ministry] may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship entered into by that person; and where [the Ministry] have undertaken any such obligation under any deed or articles they may at any time (whether or not the person concerned is still in their care) undertake the like obligation under any deed or articles supplemental thereto. S.125 rep. by 1972 NI 14 art.109(3) sch.18 1961 c.15 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 126 126. In this Act the expression "voluntary home" means any home or other institution used in whole or in part for the boarding, protection, care and maintenance of poor children or children otherwise in need of help, being a home or other institution supported wholly or partly by voluntary contributions or endowments but not being either (a)a school; or (b)a private hospital within the meaning of the Mental Health Act (Northern Ireland) 1961. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 127 Appeals. 127.(1) No voluntary home shall be carried on unless it is for the time being registered in a register to be kept for the purposes of this section by the Ministry. (2) Application for registration under this section shall be made by the persons carrying on or intending to carry on the home to which the application relates, and shall be made in such manner and accompanied by such particulars as may be prescribed. (3) On an application duly made under subsection (2) the Ministry may either grant or refuse the application, as it thinks fit, but where the application is refused the Ministry shall serve on the applicant notice of the refusal. (4) Where at any time it appears to the Ministry that the conduct of any voluntary home registered under subsection (1) is not in accordance with regulations made or directions given in that behalf under this Part or is otherwise unsatisfactory, the Ministry may, after serving on the persons carrying on the home not less than twenty-eight days' notice of its proposal so to do, remove the home from the register. (5) Any person who carries on a voluntary home in contravention of the provisions of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and where the contravention is repeated or continued after conviction to a further fine not exceeding ten pounds for every day subsequent to the day on which he is first convicted of the offence during which the contravention is so repeated or continued. Subs.(6)(9) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 128 1967 c.35 128.(1) Where under section 127 application for the registration of a voluntary home is refused, or it is proposed to remove a voluntary home from the register, the persons intending to carry on or carrying on the home, as the case may be, may within twenty-eight days from the service of the notice under subsection (3) or subsection (4) of that section appeal to a tribunal (in this section called "an Appeal Tribunal") constituted in accordance with the provisions of Schedule 4 against the refusal or proposal; and where the appeal is brought against a proposal to remove a home from the register, the home shall not be removed therefrom before the determination of the appeal. (2) An appeal under this section shall be brought by notice served on the Ministry requiring it to refer the refusal or proposal to an Appeal Tribunal. (3) On an appeal under this section an Appeal Tribunal may confirm the refusal or proposal of the Ministry or may direct that the home shall be registered or, as the case may be, shall not be removed from the register, and the Ministry shall comply with the direction. (4) The Ministry shall pay to any member of an Appeal Tribunal such remuneration, if any, and such travelling or other allowances as may be approved by the Ministry of Finance; and such remuneration and allowances together with any other expenses reasonably incurred by an Appeal Tribunal with the approval of the Ministry may be defrayed by the Ministry out of moneys provided by Parliament. (5) An Appeal Tribunal may by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any documents or articles in his custody or under his control which relate to any appeal or other matter pending before the Tribunal, and may hear, receive and examine evidence on oath and for that purpose may administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined; and the Tribunal may also exercise the powers conferred by Schedule 4. (6) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under subsection (5), or to give evidence, or who wilfully alters, suppresses, cancels, destroys or refuses to produce any document or article which he may be required to produce by virtue of that subsection, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. (7) Any person entitled to appeal to an Appeal Tribunal may appear and be heard on any such appeal either in person or by counsel or solicitor. (8) The provisions of subsections (2), (4), (5), (6) and (7) and of Schedule 4 shall apply in relation to appeals made to an Appeal Tribunal under section 31 of the Adoption Act (Northern Ireland) 1967 as they apply in relation to appeals under subsection (1). CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 129 After-care of children formerly in care of voluntary organisations. 129.(1) The Ministry may make regulations as to the conduct of voluntary homes and for securing the welfare of the children therein or boarded out therefrom and regulations under this section may in particular (a)impose requirements as to the accommodation and equipment to be provided in homes, authorise the Ministry to give directions prohibiting the provision for the children in any home of clothing of any description specified in the directions, and impose requirements as to the medical arrangements to be made for protecting the health of the children in the homes; (b)require the furnishing to the Ministry of information as to the facilities provided for the parents and guardians of children in the homes to visit and communicate with the children, and authorise the Ministry to give directions as to the provision of such facilities; (c)authorise the Ministry to give directions limiting the number of children who may at any one time be accommodated in any particular home; (d)provide for consultation with the Ministry as to applicants for appointment to the charge of a home and empower the Ministry to prohibit the appointment of any particular applicant therefor, except in the cases, if any, in which the regulations dispense with such consultation by reason that the person to be appointed possesses such qualifications as may be prescribed by the regulations; (e)require notice to be given to the Ministry of any change of the person in charge of a home; (f)require the furnishing to the Ministry, at such times and in such form as may be prescribed, of such particulars as may be prescribed with respect to the staff of such homes or to children for the time being in, or admitted or received into homes and to children boarded out or discharged from homes; and (g)with respect to children boarded out from homes, provide for any matter that may be provided for under section 115(2); (2) The Ministry may require the person in charge of a voluntary home to hand over any child accommodated in the voluntary home to [the Ministry of Home Affairs] with a view to the child's being boarded out by [the Ministry], and the child shall thereupon be deemed to have come within the care of [the Ministry] under section 103. (3) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes the regulation or any requirement made or direction given under the regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. S.130 rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 131 Provision of remand homes. 131.(1) Where it comes to the knowledge of [the Ministry of Home Affairs] that there is [a] child who has attained the upper limit of compulsory school age and who at the time when he attained that age or at any subsequent time was, but is no longer, in the care of a voluntary organisation, then, unless [the Ministry] are satisfied that the welfare of the child does not so require, they shall be under a duty so long as he has not attained the age of eighteen to advise and befriend him; but where [the Ministry] are satisfied that the voluntary organisation have the necessary facilities for advising and befriending him, [the Ministry] may make arrangements whereby, while the arrangements continue in force, he shall be advised and befriended by the voluntary organisation instead of by [the Ministry]. (2) Where a child who has attained the upper limit of compulsory school age ceases to be in the care of a voluntary organisation, the voluntary organisation shall inform [the Ministry of Home Affairs] .... Subs.(3) rep. by 1972 NI 14 art.109(3) sch.18 Provisions as to custody of children and young persons in remand homes. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 132 132.(1) The Ministry may provide remand homes, and the Ministry may, subject to the provisions of this section, make arrangements with other bodies or persons for the provision of such homes. (2) The Ministry shall not make any such arrangements as aforesaid with any other body or person unless the Ministry is satisfied that (a)the premises are in all respects suitable for the purposes of a remand home; and (b)the person who will ordinarily have charge of or control over those premises is a fit and proper person to have the custody and care of children and young persons. (3) The Ministry shall establish and maintain a register of remand homes provided in accordance with the foregoing provisions of this section, and in the register shall set forth in respect of each such home (a)the situation and postal address of the premises; (b)particulars of the accommodation provided in the premises; (c)the number of children or young persons who can be accommodated in the premises; and (d)the name of the person ordinarily having charge of or control over the premises; (4) The Ministry shall cause remand homes to be inspected, and may make rules for their inspection, regulation and management, and for the classification, treatment, employment, discipline and control of persons detained in custody therein, and for the visitation of such persons from time to time by persons appointed in accordance with the rules. [(4A) Rules under subsection (4) may also make provision whereby a person in custody in a remand home may be temporarily released or may on the ground of his industry and good conduct be granted such remission as may be prescribed by the rules. (4B) On the discharge of a person from a remand home in pursuance of remission granted under any such rules, the order for his committal to the remand home shall cease to have effect.] (5) Where at any time it appears to the Ministry that the conduct of a remand home is not in accordance with any rules for the time being in force under subsection (4), or is otherwise unsatisfactory, the Ministry may, after serving on the person having charge of or control over the premises not less than twenty-eight days' notice in writing of its proposal so to do, remove the home from the register. (6) A person aggrieved by the proposed removal of a remand home from the register may appeal in accordance with the provisions of section 128; and the provisions of that section and of Schedule 4 shall have effect for the purposes of this section as they have effect in relation to voluntary homes. (7) In the selection of a remand home to which a child or young person is to be committed regard shall be had to his religious persuasion. Subs.(8) rep. by 1973 c.53 s.31 sch.5 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 133 Attendance centres. 133.(1) The order or judgment in pursuance of which a child or young person is committed to custody in a remand home shall be delivered with the child or young person to the person in charge of the home and shall be a sufficient authority for his detention in the home in accordance with the terms thereof. (2) A child or young person while so detained and while being conveyed to and from the remand home shall be deemed to be in legal custody. (a)knowingly assists or induces a child or young person so to escape, or (b)without lawful authority so takes away a child or young person, or (c)knowingly harbours or conceals a child or young person who has so escaped or prevents him from returning, (4) Any reference in this section to a remand home shall be construed as including a reference to a special reception centre. Attendance at an attendance centre. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 134 134.(1) The Ministry may provide attendance centres, that is to say places at which offenders under the age of seventeen may be required to attend, in pursuance of orders made under section 135, on such occasions and at such times as will avoid interference so far as is practicable with their school hours or working hours, and be given under supervision appropriate occupation or instruction; and for the purpose aforesaid the Ministry may make arrangements with any ... person for the use of premises of that ... person. (2) The Ministry may make rules for the regulation and management of attendance centres, and for the classification, treatment, employment, discipline and control of persons required to attend thereat. Subs(3) rep. by 1973 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 135 1968 c.29 135.(1) Where a court has power, or would but for section 1 of the Treatment of Offenders Act (Northern Ireland) 1968 or section 72 have power, to impose imprisonment on a person who is under the age of seventeen, or to deal with any such person under section 4 of the Probation Act (Northern Ireland) 1950 for failure to comply with any of the requirements of a probation order, the court may, if the clerk of the court has been notified by the Ministry that an attendance centre is available for the reception from that court of persons of his class or description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified. (2) The aggregate number of hours for which a person may be required to attend at an attendance centre by virtue of an order under subsection (1) (a)shall not be less than twelve except where he is under the age of fourteen and the court is of opinion, having regard to his age or any other circumstances, that twelve hours would be excessive; and (b)shall not exceed twelve except where the court is of opinion, having regard to all the circumstances, that twelve hours would be inadequate, and in that case shall not exceed twenty-four hours. (3) An order shall not be made under subsection (1) unless the court is satisfied that the attendance centre to be specified in the order is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances. (4) No order shall be made under subsection (1) in the case of a person who has been previously sentenced to imprisonment or to Borstal training or has been ordered to be detained in a young offenders centre or to be sent to a training school or has been ordered to be sent to a detention centre or an approved school in England or Wales or has been placed under supervision in a residential establishment in Scotland. (5) The times at which an offender is required to attend at an attendance centre by virtue of an order made under this section shall be such as to avoid interference, so far as practicable, with his school hours or working hours, and the first such time shall be specified in the order (being a time at which the centre is available for the attendance of the offender in accordance with the notification of the Ministry) and the subsequent times shall be fixed by the officer in charge of the centre, having regard to the offender's circumstances, so however that an offender shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 136 Approval of schools. 136.(1) A court of summary jurisdiction by which an order has been made under section 135(1), or any other court of summary jurisdiction acting for, or any resident magistrate assigned to or acting for, the petty sessions district for which that court acted or in which any other court by which such an order has been made was held, may, on an application made by complaint by the offender or by the officer in charge of the attendance centre specified in the order (a)by order discharge the order; or (b)by order vary the day or hour specified therein for the offender's first attendance at the centre; (2) Where an order is made under section 135(1) or subsection (1) of this section, the clerk of the court shall serve a copy of the order on the officer in charge of the attendance centre specified therein, and also on the offender, and, notwithstanding the provisions of any statutory instrument, such a copy shall not be subject to any stamp. (3) Where a person has been ordered to attend at an attendance centre in default of the payment of any sum of money then (a)on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect; (b)on the payment of a part of the said sum as aforesaid, the total number of hours for which the offender is required to attend at the centre shall be reduced proportionally, that is to say by such number of complete hours as bears to the said total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the said sum. (4) Where an order under section 135(1) has been made and it appears upon a complaint made to a justice of the peace for the county [court division] in which the court which made the order was held that the person in whose case the order was made (a)has failed without reasonable excuse to attend at the centre in accordance with the order; or (b)while attending at the centre has committed a breach of the rules made under section 134(2) which cannot be adequately dealt with under those rules; (5) If it appears to the satisfaction of the court before which an offender appears or is brought under subsection (4) that he had failed to attend as aforesaid, or has committed such a breach of rules as aforesaid, that court may revoke the order requiring his attendance at an attendance centre and deal with him in any manner in which he could have been dealt with by the court which made the order, if the order had not been made. Provision of training schools by the Ministry. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 137 137.(1) The managers of any school intended for the education and training of persons to be sent there in pursuance of this Act may apply to the Ministry to approve the school for that purpose, and the Ministry may, after making such inquiries as it thinks fit, approve the school for that purpose and issue a certificate of approval to the managers. A school so approved is in this Act referred to as a "training school". (2) If at any time the Ministry is dissatisfied with the condition or management of a training school or considers its continuance as a training school unnecessary, or if it appears to the Ministry that the managers have failed to comply with any direction given to them by the Ministry under paragraph 3 of Schedule 5, the Ministry may by notice served on the managers either (a)withdraw the certificate of approval of the school as from a date specified in the notice, not being less than six months after the date of the notice (in which event, upon the date so specified, unless the notice is previously revoked, the withdrawal of the certificate shall take effect and the school shall cease to be a training school); or (b)prohibit the admission of persons to the school for such time as may be specified in the notice, or until the notice is revoked. (3) The managers of a training school ... may, on giving six months' notice in writing to the Ministry of their intention so to do, surrender the certificate of approval of the school, and at the expiration of six months from the date of the notice (unless the notice is previously revoked), the surrender of the certificate shall take effect, and the school shall cease to be a training school. (4) No person shall in pursuance of this Act be received into the care of the managers of a training school after the date of the receipt by the managers of the school of a notice of withdrawal of the certificate of approval of the school or after the date of a notice of intention to surrender the certificate unless, in either case, the notice has been revoked; but the obligations of the managers with respect to persons under their care at the respective dates aforesaid shall continue until the withdrawal or surrender takes effect. (5) The Ministry shall cause any grant of a certificate of approval of a training school, and any notice of the withdrawal of, or intention to surrender, such a certificate, to be advertised in the Belfast Gazette within one month from the date thereof, and, where a notice of withdrawal of, or of intention to surrender, such a certificate is so published, shall cause any revocation of the notice to be published in like manner.[ CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 138 Classification, administration and management. 138.(1) The Ministry may provide training schools, and the Ministry may make arrangements with other bodies or persons for the provision of such schools. (2) In the event of a deficiency of training school accommodation, the Ministry shall take appropriate steps under this section to remedy the deficiency.] CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 139 Escapes from training schools, etc. 139.(1) The Ministry may classify training schools according to the age of the persons for whom they are intended, the religious persuasion of such persons, the character of the education adn training given therein, their geographical position, or otherwise as it thinks best calculated to secure that a person sent to a training school is sent to a school appropriate to his needs, or as may be necessary for the purposes of this Act. (2) The managers of a training school shall be bound to accept any person who in pursuance of this Act is sent or transferred to their school or otherwise to their care, unless (a)the school is a school for persons of a particular religious persuasion not being that of the person whom it is proposed to send or transfer; or Para.(b) rep. by 1972 NI 14 art.109(3) sch.18 (c)the managers of the school satisfy the Ministry that there are already as many persons detained in that school, or, as the case may be, otherwise under their care, as is desirable. (3) The provisions set out in Schedule 5 shall have effect in relation to the administration of training schools and the treatment of persons sent thereto. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 140 Effect of training school order where order committing child to care of a fit person or parental rights order is in force. 140.(1) Any person who has been ordered to be sent to a training school and who (a)escapes from the school in which he is detained, or from any hospital, home or institution in which he is receiving medical attention; or (b)being absent from his school on temporary leave of absence or under supervision or on licence, runs away from the person in whose charge he is, or fails to return to the school upon the expiration of his leave; or (c)being absent from his school under supervision or on licence, fails to return to the school upon being recalled, (2) The court before which a person is brought under subsection (1) may, subject to subsection (3), (a)in any case, either make a new training school order in his case or order him to be taken back to the school and extend the period of his detention under the original training school or other order by such period not exceeding six months as the court may direct; (b)if he has attained the age of fifteen, order him to be [detained in a young offenders centre for a term not exceeding two years or the unexpired part of the period for which he was liable to be detained in the training school, whichever is the lesser]; (i)on the making of a new training school order under paragraph (a) the original training school order shall cease to have effect; ... Para.(ii) rep. by 1980 NI 10 art.4(3) sch.3 (3) An order under paragraph (a) of subsection (2) extending the period of detention under a training school or other order shall have effect notwithstanding any limitation imposed by this Act upon the period for which a person may be detained in a training school; and in relation to a new training school order under that paragraph (a)the provisions of any enactment relating to the making of a training school order in the case of a person who has not attained the age of seventeen or to persons in the case of whom training school orders have been made shall apply notwithstanding that the person in respect of whom the new training school order is made has attained that age; and (b)sections 87 and 89 shall have effect as if for any reference therein to the age of nineteen there were substituted a reference to the age of nineteen and a half. (4) Where under subsection (1) a person is brought back to his school, the period of his detention shall (notwithstanding any limitations contained in this Act upon the period during which he may be detained in a training school) be increased, over and above any increase ordered by a court, by a period equal to the period during which he was unlawfully at large. (5) The expenses of bringing a person back to a school, hospital, home or institution or to a person in whose custody he was shall be borne by the managers of the school. (6) If any person (a)knowingly assists a person who escapes, runs away or fails to return as mentioned in paragraphs (a), (b) and (c) of subsection (1) or knowingly induces any person to so escape, run away or fail to return; or (b)without lawful authority takes a person away from any such school, hospital, home, institution or person as is mentioned in the said paragraphs (a) and (b); or (c)knowingly harbours or conceals a person who escapes, runs away or fails to return as aforesaid, or prevents him from returning; General provisions as to children and young persons committed to the care of fit persons. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 141 141.(1) Where a person has been committed by order of a court to the care of a fit person and, while the order is in force, a training school order is made in respect of him, the order committing him to the care of that person shall be of no effect while he is under the care of the managers of a training school; but this section shall not affect the power of the Minister under subsection (1) of section 143 to discharge him from the care of the person to whose care he has been committed by the first-mentioned order or the power of the court under subsection (4) of that section to vary or revoke that order. (2) Where a person is in the care of [the Ministry of Home Affairs] on whose application a parental rights order has been made in respect of him and, while the order is in force, a training school order is made with respect to that person, the parental rights order shall be of no effect while he is under the care of the managers of the training school. (3) Where a person has ceased to be in the care of [the Ministry of Home Affairs] by virtue of subsection (1) or (2) or where a juvenile court, under section 143(6), has revoked an order committing a person to the care of [the Ministry] and made a training school order in respect of him, [the Ministry] may, while the person is under the care of the managers of the training school but not out under supervision, cause him to be visited and befriended, and may, in exceptional circumstances, make payments for his welfare. Variation and discharge of orders committing children and young persons to care. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 142 142.(1) The provisions of this section shall apply in relation to orders under this Act committing a child or young person to the care of a fit person, and in this section and sections 143 and 144 the expressions "child" and "young person" mean a person with respect to whom such an order is in force, irrespective of whether at the date of the making of the order, or at any subsequent date while the order is in force, he was, or is, a child or young person. (2) The Ministry may by regulations make provision for the welfare of children and young persons so committed, as to the manner in which children or young persons so committed are to be dealt with and as to the duties of the persons to whose care they are committed. (3) [The Ministry of Home Affairs] may board out children and young persons committed to their care for such periods and on such terms as to payment and otherwise as they think fit; but Para.(a) rep. by 1972 NI 14 art.109(3) sch.18 (b)in selecting the person with whom any child or young person is to be boarded out, [the Ministry of Home Affairs] shall, if possible, select a person who either is of the same religious persuasion as the child or young person or gives an undertaking that he will be brought up in accordance with that religious persuasion. (4) ... [the Ministry of Home Affairs] shall cause any children or young persons committed to the care of any person other than [the Ministry] to be visited in accordance with any regulations in that behalf made under subsection (2). CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 143 1964 c.21 143.(1) The Minister may at any time in his discretion discharge a child or young person from the care of the person to whose care he has been committed, and any such discharge may be granted either absolutely or subject to conditions. (2) The Minister, where it appears to him to be for the benefit of a child or young person, may empower the person to whose care he has been committed to arrange for his emigration; but except with the authority of the Minister no person to whose care a child or young person has been committed shall arrange for his emigration, and the Minister shall not empower such a person to arrange for the emigration of a child or young person unless he is satisfied that the child or young person (a)consents, or (b)being too young to form or express a proper opinion on the matter, is to emigrate (i)in company with a parent, guardian or relative of his, or (ii)for the purpose of joining a parent, guardian, relative or friend, (3) A person who arranges for the emigration of a child or young person in contravention of subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both. (4) An order committing a child or young person to the care of a fit person may on the application of any person be varied or revoked (a)if the order was made by a court of summary jurisdiction, by a juvenile court acting for the same petty sessions district; (b)in any case, by a juvenile court acting for the petty sessions district within which the child or young person is residing; (5) If, on a complaint under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964 made by the parent or guardian or any near relative of a child or young person committed by any such order as aforesaid, any court having power to vary or revoke the order is satisfied that he is not being brought up in accordance with his religious persuasion, the court shall, unless a satisfactory undertaking is offered by the person to whose care he has been committed, either revoke the order or vary it in such manner as the court thinks best calculated to secure that he is thenceforth brought up in accordance with that persuasion. (6) [The Ministry of Home Affairs] who are of opinion that it is desirable to do so in the interests of a child or young person who has been committed to their care may apply to a juvenile court by complaint made under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964, and that court may, if it thinks it desirable in his interests to do so, revoke the order so committing him and, where it revokes that order, may (a)commit him to the care of another fit person, whether a relative or not, who is willing to undertake the care of him; or (b)order him to be sent to a training school; or (c)order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; or (d)without making any other order, or in addition to an order under paragraph (a) or (c), make a supervision order with respect to him. (7) Sections 99 to 101 shall apply where an application with respect to a child or young person is or is about to be made to a juvenile court under subsection (4) or (6) as they apply where a person is or is about to be brought before such a court under section 94, 96 or 97, and as if the reference in section 99 to those sections included a reference to that subsection, and the reference in section 101(1) to section 95 or 97 were a reference to that subsection. (8) The Magistrates' Courts Act (Northern Ireland) 1964 shall apply in relation to a recognizance under subsection (6)(c) as it applies in relation to a recognizance to be of good behaviour .... CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 144 Return to family of persons committed to care of Ministry of Home Affairs. 144.(1) A child or young person who runs away or is without lawful authority taken away from a person to whose care he has been committed under this Act may be apprehended without warrant and brought back to that person, if he is willing to receive him, and, if he is not willing to receive him, may be brought (a)if the order committing him to the care of that person was made by a court of summary jurisdiction, before a juvenile court acting for the same petty sessions district as that court; or (b)in any other case, before a juvenile court having jurisdiction in the place where he was residing immediately before he ran away; (2) A child or young person who runs away, or is without lawful authority taken away, from any place at which accommodation has been provided for him under this Act, whether by boarding out or otherwise, by [the Ministry of Home Affairs] acting in the capacity of a fit person to whose care he has been committed under this Act may be apprehended without warrant and brought back to that place or to such other place or person as [the Ministry] direct. (3) Any person who (a)knowingly assists or induces a child or young person to run away from a person to whose care he has been committed as aforesaid or from a place at which accommodation has been provided for him as aforesaid; or (b)without lawful authority takes away a child or young person from such a person or such a place; or (c)knowingly harbours or conceals a child or young person who has so run away or has been so taken away, or prevents him from returning, 1964 c.21 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 145 145.(1) Where a person under the age of eighteen is in the care of [the Ministry of Home Affairs] as a fit person by virtue of an order made by any court under this Act, then, if it appears to [the Ministry] that it will or may be for the benefit of that person so to do, [the Ministry] may, notwithstanding anything in this Act or in the order, allow, until they otherwise determine, the care of that person to be taken over by, and that person to be under the control of, a parent, guardian, relative, next-of-kin or friend of his. (2) If, at any time while a person who has been committed by any such order as aforesaid to the care of [the Ministry of Home Affairs] is allowed by [the Ministry] to be under the control of any other person as described in subsection (1), it appears to [the Ministry] that the order is no longer necessary and might properly be revoked, [the Ministry] shall make an application accordingly, by notice under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964, to the court which, under section 143(4) has jurisdiction to vary or revoke that order. (3) In respect of any period during which, under the provisions of subsection (1) a person who has been committed as aforesaid to the care of [the Ministry of Home Affairs] is allowed by [the Ministry] to be under the control of any other person as described in that subsection, contributions shall not be payable under any contribution order made in respect of the first-mentioned person under section 156. (4) If (a)a person committed as aforesaid to the care of [the Ministry of Home Affairs] has been allowed by [the Ministry] to be in the care and under the control of any other person as described in subsection (1), and (b)[the Ministry] at any time determine under subsection (1) that he shall no longer be allowed to remain in that care and under that control, and (c)any instructions of [the Ministry] with respect to his return to [the Ministry] are not complied with, Acquisition of land. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 146 146.(1) The parent or legal guardian of a person who is under the care of the managers of a training school or is in the care of a fit person in pursuance of an order under this Act shall keep the managers of the school or, as the case may be, the fit person informed of the parent's or legal guardian's address. (2) Where a person is transferred from one training school to another the managers of the school from which he is transferred shall, where possible, inform his parent or legal guardian of the transfer; and until his parent or legal guardian has been so informed, the parent's or legal guardian's duty under subsection (1) shall be deemed to be duly discharged if he keeps the managers of the first-mentioned school informed of his address. Subs.(3) rep. by 1972 NI 14 art.109(3) sch.18 (4) A parent or legal guardian of a person who, knowing that that person is under the care of the managers of a training school or in the care of a fit person as mentioned in subsection (1), contravenes that subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [#50]; but in any proceedings under this subsection it shall be a defence to prove that the defendant was residing at the same address as the other parent and had reasonable cause to believe that the other parent had kept the managers or fit person informed of the address of both.[ CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 147 1972 NI 14 147.(1) For the purposes of this Act the Ministry may acquire land by agreement or compulsorily. (2) Where the Ministry desires to acquire land compulsorily the provisions of Article 48 of and Schedule 7 to the Health and Personal Social Services (Northern Ireland) Order 1972 with respect to the acquisition of land shall apply as if any reference to the Ministry within the meaning of that Order were a reference to the Ministry and as if any reference to that Order were a reference to this Act.][ CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 147A Expenses of Ministry. 147A. Article 49 of the Health and Personal Social Services (Northern Ireland) Order 1972 shall apply for the purposes of this Act as if any reference to the Ministry within the meaning of that Order were a reference to the Ministry and as if any reference to that Order were a reference to this Act.] Expenses of education and library boards. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 148 148. There may be defrayed out of moneys provided by Parliament (a)any expenses incurred by the Ministry in carrying the provisions of this Act into effect, including (without prejudice to the generality of the foregoing words) expenditure incurred in connection with the provision, maintenance, enlargement or improvement of remand homes or attendance centres or the maintenance of training schools and expenditure incurred in the payment of any grant which the Ministry is authorised to pay under the succeeding provisions of this Part; and (b)any increase attributable to any provisions of this Act in any sums which fall to be so defrayed under the provisions of any other enactment. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 149 1972 NI 12 149.Subs.(1)(2) rep. by 1972 NI 14 art.109(3) sch.18 (3) Any expenses incurred by [an education and library board in the exercise of its functions under this Act shall be defrayed as part of the payments referred to in Article 103 of the Education and Libraries (Northern Ireland) Order 1972]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 150 Grants for training in child care. 150.(1) The Ministry may pay grants of such amounts as the Ministry of Finance may approve towards so much of the expenditure incurred or to be incurred by the managers of a training school as is approved by the Ministry. (2) ..., managers of training schools and persons who are for the time being trustees thereof may borrow for the purposes of meeting expenditure incurred or to be incurred in respect of the purchase, erection, extension, alteration or equipment of training schools. (3) Grants payable under this section shall be paid at such times and in such manner and subject to such conditions as to records, certificates, audit or otherwise as the Ministry may, with the approval of the Ministry of Finance, determine. (4) The conditions on which any sums are paid or loans are made under this section towards the expenditure incurred or to be incurred in connection with the provision of a site for, or with the purchase, erection, extension, alteration or equipment of, a training school, may include conditions for securing the repayment in whole or in part of the sums paid in the event of the school ceasing to be a training school, and, notwithstanding anything in the constitution of the school or of the managers thereof, or in the trusts, if any, to which the property of the school or of the managers is subject, the managers and any persons who are trustees of any of the said property may accept those sums on those conditions and execute any instrument required for carrying those conditions into effect, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 151 1967 c.35 151.(1) The Ministry with the consent of the Ministry of Finance may defray or contribute towards any fees or expenses incurred by persons undergoing training approved by the Ministry with a view to, or in the course of, their employment for the purposes of this Act, or of the Adoption Act (Northern Ireland) 1967, or their employment by a voluntary organisation for similar purposes, and may with the like consent defray or contribute towards the cost of maintenance of persons undergoing such training. (2) The Ministry may pay grants of such amounts, and subject to such conditions, as it may with the consent of the Ministry of Finance determine towards expenses incurred by any body of persons in providing courses suitable for persons undergoing training as aforesaid. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 152 Contributions by person under care of managers of training school or in care of Ministry of Home Affairs. 152.(1) The Ministry may pay grants of such amounts and subject to such conditions as it may determine towards expenses incurred or to be incurred by any voluntary organisation, in circumstances such that it appears to the Ministry requisite that the grants should be made, for improving premises in which voluntary homes are being carried on or the equipment of voluntary homes, or for securing that voluntary homes will be better provided with qualified staff. (2) [The Ministry of Home Affairs] may, ..., make contributions to, or in other respects assist, any voluntary organisation the object or primary object of which is to promote the welfare of children or young persons. (3) The conditions on which any grants are paid under this section towards expenses incurred or to be incurred by any voluntary organisation may include conditions for securing the repayment in whole or in part of the sums paid in the event of the premises ceasing to be a voluntary home, and, notwithstanding anything in the constitution of the voluntary home or the voluntary organisation, or in the trusts, if any, to which the property of the home or of the organisation is subject, the trustees, or other persons having for the time being control or management of the said property, may accept such sums on those conditions and execute any instrument required for carrying those conditions into effect, and shall be bound by those conditions and by any instrument so executed, and have power to fulfil the conditions and the obligations created by the instrument. S.153 rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 154 Contributions by parents towards maintenance of certain children and young persons. 154.(1) A person who has been ordered to be sent to a training school and has attained the age of sixteen and is engaged in remunerative work shall, so long as he is under the care of the managers of the school, pay to them such weekly sum towards their expenses as the Ministry may determine, but not in respect of any period during which he is out from the school under supervision or on licence. (2) A person who has been received into the care of [the Ministry of Home Affairs] under section 103 or committed to the care of [the Ministry] as a fit person and has attained the age of sixteen and is engaged in remunerative work shall so long as he remains in the care of [the Ministry] be liable to make such contributions in respect of himself as [the Ministry] may determine. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 155 Contribution orders. 155.(1) The provisions of this section and of sections 156 to 158 shall have effect in relation to (a)persons received into the care of [the Ministry of Home Affairs] under section 103; (b)children and young persons committed to the care of a fit person under this Act; (c)children and young persons ordered to be sent to a training school. (2) It shall be the duty of the father and mother of every such child or young person as aforesaid to make contributions in respect of him in accordance with the following provisions of this Part, but only so long as that person has not attained the age of sixteen. (3) Where a child or young person has been committed to the care of a fit person, not being [the Ministry of Home Affairs], contributions under this section shall be payable to that person to be applied by him in or towards the maintenance, or otherwise for the benefit, of the child or young person. [(4) Where a person has been received into the care of the Ministry under section 103 or a child or young person has been committed to the care of the Ministry as a fit person ..., contributions under this section shall be payable to the Ministry [and where a child or young person is ordered to be sent to a training school, such contributions shall be payable to the Secretary of State].] CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 156 1964 c.21 156.(1) A court of summary jurisdiction, acting for the petty sessions district in which any person resides who under section 155 is liable to make contributions in respect of any person received into the care of [the Ministry of Home Affairs] under section 103, may make an order requiring the person liable as aforesaid to pay such weekly sum on foot of those contributions as the court, having regard to his means, thinks fit. (2) A court which makes an order committing a child or young person to the care of a fit person or sending him to a training school may at the same time, and any court of summary jurisdiction acting for the petty sessions district in which any person resides who under section 155 is liable to make contributions in respect of a child or young person may subsequently at any time, make an order requiring that person to pay such weekly sum on foot of those contributions as the court, having regard to his means, thinks fit. (3) An order made under subsection (1) or (2) is in this Act referred to as a "contribution order" and the person against whom such order is made is in this Act referred to as a "contributor". (4) An application for a contribution order in respect of (a)a person received into the care of [the Ministry of Home Affairs] under section 103 or a child or young person committed to the care of [the Ministry] as a fit person; (b)a child or young person committed to the care of a fit person not being [the Ministry]; or (c)a child or young person ordered to be sent to a training school; (5) A contribution order may specify the period during which it is to remain in force and, unless such period is specified in the order, the order shall, subject to any variation or rescission thereof made by a court under subsection (6), remain in force (a)where the order relates to a person received into the care of [the Ministry of Home Affairs] under section 103, so long as he remains in their care; (b)where the order relates to a child or young person committed to the care of a fit person, so long as the order for such committal remains in force or until he is allowed under section 145(1) to be under the control of a parent, guardian, relative, next-of-kin or friend; and (c)where the order relates to a child or young person ordered to be sent to a training school, until he ceases to be under the care of the managers of such a school (but so that no contributions shall be payable under any such order in respect of any period during which he is out on licence or under supervision from the training school); (6) Where a contributor has not been present at the sitting of the court at which the contribution order is made, a copy or certificate of the contribution order shall be served on him by the person on whose application the order was made and shall be binding on him unless within the time prescribed by magistrates' courts rules he makes an application to a court of summary jurisdiction acting for the petty sessions district in which he resides for the rescission or modification of the order on the ground that (a)he is not liable under section 155; or (b)he is unable to contribute the sum specified in the order; (7) Where a contribution order is made by [the Crown Court] it may be enforced in like manner as a contribution order made by a court of summary jurisdiction may be enforced under section 110 of the Magistrates' Courts Act (Northern Ireland) 1964 and the said section 110 shall for the purposes of this subsection have effect as if references therein to the same petty sessions district as the court which made the order were construed as references to any petty sessions district [in Northern Ireland]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 157 1964 c.21 157.(1) Where during any period (in this section referred to as "the period of default") (a)a person was liable to make contributions under section 155 in respect of a person under the age of sixteen; but (b)no order under section 156 was in force requiring him to make the contributions; (2) For the purposes of subsection (1) the last part of the period of default shall be taken to be the last three months thereof and such time, if any, preceding the last three months as is equal to the time during which it continued after the making of the complaint seeking the arrears order. (3) No complaint seeking an arrears order shall be made later than three months after the end of the period of default. (4) An arrrears order shall be treated as a contribution order, and payments under it as contributions, for the purposes of section 110 of the Magistrates' Courts Act (Northern Ireland) 1964 and of sections 155(4) and (5), 156(7), 160 and 177(1)(e). (5) A person liable to make payments under an arrears order shall, except at a time when he is under a duty to give information of his address under section 111(1) or 146(1), keep the person to whom the payments are to be made informed of his address; and if he fails to do so he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [#50]. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 158 1924 c.27 158.(1) This section and section 159 shall apply to the contributions of putative fathers in respect of any such children or young persons as are mentioned in subsection (4) of section 156 who are illegitimate. (2) Notwithstanding anything contained in section 3(3) of the Illegitimate Children (Affiliation Orders) Act (Northern Ireland), 1924 (in the succeeding provisions of this Part referred to as "the Act of 1924") where an affiliation order is made or is in force (whether at or after the commencement of this Act) in respect of any child or young person to whom this section applies the court on making the order may, and any court of summary jurisdiction acting for the petty sessions district in which the putative father resides may at any time subsequently, order all or any part of the payments under the affiliation order to be made to the authority or person to whom, if the child or young person were legitimate, contributions would be payable by the person under a duty to make them, and all payments so made to that authority or person shall be applied in like manner as if they were made under a contribution order. An application for an order under this subsection in respect of a child or young person may be made by any authority or person by whom, and in the circumstances in which, an application might be made for a contribution order in respect of that child or young person if he were legitimate. (3) Where an order made under this section or section 159 is in force (a)if the putative father changes his address, he shall forthwith give notice thereof to the person who immediately before the change was entitled to receive payments under the order, and, if he fails so to do, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; (b)section 95 of the Magistrates' Courts Act (Northern Ireland) 1964 (duties of collecting officers) shall not apply in relation to the affiliation order. (4) The making of an order under subsection (2) with respect to an affiliation order shall not extend the duration of that order, and that order shall in any case remain in force (except for the purpose of the recovery of arrears) only (a)where the order relates to a person received into the care of [the Ministry of Home Affairs] under section 103, so long as he remains in their care; (b)where the order relates to a child or young person committed to the care of a fit person, so long as the order for such committal remains in force or until he is allowed under section 145(1) to be under the control of a parent, guardian, relative, next-of-kin or friend; (c)where the order relates to a child or young person ordered to be sent to a training school, until he ceases to be under the care of the managers of such a school (but so that no contributions shall be payable under any such order in respect of any period during which he is out on licence or under supervision from the training school); Miscellaneous provisions as to contribution orders, etc. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 159 159.(1) If no affiliation order is in force with respect to any child or young person to whom this section applies, [the Ministry of Home Affairs] ..., may, subject to the provisions of subsection (2), make application upon complaint to a justice of the peace having jurisdiction in the place where either the mother or the putative father of the child or young person resides for a summons to be issued under section 2 of the Act of 1924. [The Ministry] ... making an application under this subsection is in this section referred to as "the applicant". (2) Notwithstanding anything in any enactment limiting the time within which application may be made for an affiliation order, an application under subsection (1) may be made (a)in respect of a person received into the care of [the Ministry of Home Affairs] under section 103, within three years from the time when he was received or last received into the care of that [Ministry] ...; (b)in respect of a child or young person (i)committed to the care of [the Ministry] as a fit person; or (ii)ordered to be sent to a training school ...; (b)within three years from the coming into force of the relevant order; Para.(c) rep. by 1972 NI 14 art.109(3) sch.18 (3) In any proceedings on an application under this section the court shall hear such evidence as the applicant may produce, in addition to the evidence required to be heard by section 1(3) of the Act of 1924, and shall in all other respects, but subject to the provisions of subsection (4), proceed as on an application made under the said section 2. (4) An order made on an application under this section may, notwithstanding anything in section 3(3) of the Act of 1924, be made so as to provide that the payments or a part of the payments to be made thereunder shall be made to the applicant or to such other person as the court may direct. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 160 Variation of trusts for maintenance of child or young person. 160.(1) The Minister may in his discretion remit the whole or any part of any payment ordered under section 156, 157, 158 or 159 to be made to a person entitled to receive contributions thereunder. Subs.(2)(3) rep. by 1972 NI 14 art.109(3) sch.18 S.161 rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 162 Duty of police to notify Ministry of Home Affairs in certain circumstances. 162. Where a child or young person is by an order of any court made under this Act removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child or young person, the court may order the whole or any part of the sums so payable under the trust to be paid to any person to whose care the child or young person is committed, to be applied by that person for the benefit of the child or young person in such manner as, having regard to the terms of the trust, the court may direct. General functions of Ministry of Home Affairs for promoting the welfare of persons under the age of eighteen. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 163 163.(1) Where, in consequence of any investigations arising out of the alleged commission of an offence, a member of the Royal Ulster Constabulary is of the opinion that a child or young person may be in need of advice, guidance or assistance for any reason and is not to be brought before a court, it shall be his duty to notify [the Ministry of Home Affairs] .... (2) Where [the Ministry of Home Affairs] are notified under subsection (1) that a child or young person may be in need of advice, guidance or assistance, it shall be their duty to cause inquiries to be made into the case, unless they are satisfied that such inquiries are unnecessary. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 164 Provisions as to places of safety. 164.(1) It shall be the duty of ... [the Ministry of Home Affairs] to make available such advice, guidance and assistance as may promote the welfare of children by diminishing the need to receive children into or keep them in care under this Act or to bring children before a court; and any provisions made by [the Ministry] under this subsection may, if [the Ministry] think fit, include provision for giving assistance in kind or, in exceptional circumstances, in cash. (2) In carrying out their duty under subsection (1) [the Ministry of Home Affairs] may make arrangements with voluntary organisations or other persons for the provision by those organisations or other persons of such advice, guidance or assistance as is mentioned in that subsection. (3) Where any provision which may be made by [the Ministry of Home Affairs] under subsection (1) is made (whether by that or any other authority) under any other enactment [the Ministry] shall not be required to make the provision under this section but shall have power to do so. Subs.(4) rep. by 1972 NI 14 art.109(3) sch.18 1967 c.35 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 165 165.(1) [The Ministry of Home Affairs] shall make provision, in homes provided by them under Part VII, for the reception and maintenance of children removed to a place of safety under this Act or under Part II of the Adoption Act (Northern Ireland) 1967. (2) The provision to be made in pursuance of subsection (1) shall as far as practicable be made in such separate accommodation for the temporary reception of children as is required to be provided by section 116(2). (3) Where under this Act or the said Act of 1967 a child is removed to a place of safety not being a home provided by [the Ministry of Home Affairs] under Part VII, and not being a hospital vested in the Ministry of Health and Social Services, the expenses of the child's maintenance there shall be recoverable from [the Ministry] .... S.166 rep. by 1972 NI 14 art.109(3) sch.18[ CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 167 1967 c.35 167. The Ministry may cause an inquiry to be held or an investigation to be made in any case where it appears to the Ministry advisable to do so in connection with any matter arising under this Act or the Adoption Act (Northern Ireland) 1967.][ CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 168 Power of inspection. 168.(1) A person authorised by the Ministry may, on production if required of his credentials, at any reasonable time enter any premises in which a child is maintained under this Act and (a)inspect the premises; and (b)make such examination into the state and management thereof and the condition and treatment of children therein as he thinks requisite. (2) If any person wilfully obstructs a person authorised as mentioned in subsection (1) in the execution of his duties under this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding #50. (3) A refusal to allow a person authorised as mentioned in subsection (1) to enter the premises shall, for the purposes of section 32, be deemed to be a reasonable cause to suspect that a child or young person in the premises is being neglected in a manner likely to cause him unnecessary suffering or injury to health.] CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 169 Power of Ministry of Home Affairs to conduct or assist research. 169. The Ministry with the approval of the Ministry of Finance, ..., may conduct or promote or assist (by grants or otherwise) any person in conducting, research or investigations into any matter connected with (a)..., the functions of the Ministry or of any local education authority, ... or any committee of any such authority under this Act or any matter connected with the adoption of children; Para.(b) rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 170 Power to enforce attendance of child before court. 170.(1) Without prejudice to any other powers conferred by or under any enactment (including an enactment contained in this Act), any justice of the peace may require by summons any parent, guardian or employer of a child or young person in relation to whom any proceedings under the provisions of this Act are pending to produce the child or young person before a court of summary jurisdiction. (2) A justice of the peace, if satisfied by complaint on oath that an offence under section 101(4), 105(8) or (9), 133(3), 140(6) or 144(3) has been committed and that there is reasonable ground for believing that some person named in the complaint can produce the person with respect to whom the offence has been committed, may issue a summons requiring the person so named to attend at a court of summary jurisdiction on such day as may be specified in the summons and produce the second-mentioned person. (3) If any person fails without reasonable excuse to comply with a summons under subsection (1) or (2), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, and, where the failure to comply with such a summons is repeated or continued after conviction to a further fine not exceeding ten pounds for every day subsequent to the day on which he is first convicted of an offence under this section during which the failure is so repeated or continued. S.171 rep. by 1972 NI 14 art.109(3) sch.18 CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 172 Service of documents. 172.(1) Any notice required or authorised by this Act to be served on the persons carrying on, or intending to carry on, a voluntary home shall be deemed to be duly served on those persons if served on any one of them, and if served by post may be so served on any one such person by being addressed to him at the home. (2) Any notice or other document required or authorised by this Act to be served on the managers of a training school may, ... be served upon any one of the managers, or their secretary, or the person for the time being in charge of the school. (3) The provisions of this section shall have effect without prejudice to any other method of service authorised under section 24 of the Interpretation Act (Northern Ireland) 1954. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 173 Proof of documents, etc. 173.(1) A document purporting to be a copy (a)of an order made by a court under any of the provisions of this Act; or (b)of an order made under [Part III of Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972] sending a person to a training school or committing him to the care of a fit person; or (c)of an affiliation order; (2) A certificate of the registration or the removal from the register under section 127 of a voluntary home, authenticated by the seal of the Ministry, shall be evidence of such registration or removal. (3) The production of a copy of the Belfast Gazette containing a notice of the grant, or of the withdrawal or surrender, of a certificate of approval of a training school shall be sufficient evidence of the fact of a certificate having been duly granted to the school named in the notice, or of the withdrawal or surrender of such a certificate, and the grant of a certificate of approval of a training school may also be proved by the production of the certificate itself, or of a document purporting to be a copy of the certificate and to be authenticated as such by the seal of the Ministry. (4) An order, licence, or other document may be authenticated on behalf of the managers of a training school, ..., by the signature of one of the managers or their secretary, or of the person for the time being in charge. (5) All licences, orders, resolutions, appointments, authorisations, certificates, notices, requirements, and documents of ... a local education authority under this Act, if purporting to be signed by the clerk of the authority, shall, until the contrary is proved, be deemed to be made by the authority and to have been so signed; and any such licence, order, resolution, appointment, authorisation, certificate, notice, requirement or document, or any instrument varying or revoking it, may be proved by the production of a copy thereof, or, as the case may be, of the instrument, purporting to be so signed. (6) A copy of any bye-laws made under this Act by a local education authority, signed and certified by the clerk of such authority to be a true copy and to have been duly confirmed, shall be evidence, until the contrary is proved, in all legal proceedings, of the due making, confirmation and existence of such bye-laws without further or other proof. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 174 Presumption and determination of age. 174.(1) Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a child or young person, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person. (2) Where in any charge or indictment for any offence under this Act or any of the offences mentioned in Schedule 1, except an offence under the Criminal Law Amendment Act 1885, it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person, or to have been under or to have attained the specified age, as the case may be, he shall for the purposes of this Act be presumed at that date to have been a child or young person or to have been under or to have attained that age, as the case may be, unless the contrary is proved. (3) Where, in any charge or indictment for any offence under this Act or any of the offences mentioned in Schedule 1, it is alleged that the person in respect of whom the offence was committed was a child or was a young person, it shall not be a defence to prove that the person alleged to have been a child was a young person or the person alleged to have been a young person was a child in any case where the acts constituting the alleged offence would equally have been an offence if committed in respect of a young person or child respectively. (4) Where a person is charged with an offence under this Act in respect of a person apparently under a specified age it shall be a defence to prove that the person was actually of or over that age. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 175 Medical evidence by certificate. 175. In any proceedings, other than proceedings for an offence, before a juvenile court, and on any appeal from a decision of a juvenile court in any such proceedings, any document purporting to be a certificate of a doctor as to any person's physical or mental condition shall be admissible as evidence of that condition. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 176 Application of Summary Jurisdiction Acts. 176. Subject to the provisions of this Act, all orders of a court of summary jurisdiction under this Act shall be made, and all proceedings in relation to any such orders shall be taken, in manner provided by the Summary Jurisdiction Acts (Northern Ireland). CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 177 Appeal. 177.(1) Without prejudice to the provisions of Part XIII of the Magistrates' Courts Act (Northern Ireland) 1964 or to any right of appeal conferred by any other enactment (including an enactment contained in this Act) an appeal to the county court from an order of a court of summary jurisdiction under this Act may be brought under and in accordance with those provisions in any of the following cases and by the following persons respectively, that is to say (a)from an order committing a child or young person to a remand home under section 74 or to the care of a fit person, a training school order or a supervision order, by the child or young person or his parent or guardian on his behalf; (b)from an order under section 140(2) or paragraph 11(1) of Schedule 5 sending any person to ... a young offenders centre, by that person or his parent or guardian on his behalf; (c)from a decision of a juvenile court under section 143(4), by any person aggrieved thereby; (d)from an order requiring a person to enter into a recognizance to exercise proper care and guardianship over a child or young person, by the person required to enter into the recognizance; (e)from a contribution order, by the contributor; (f)from an order requiring all or any part of the payments accruing due under an affiliation order to be paid to some other person, by the person who would but for the order be entitled to the payments; (g)from an order made under section 162, by any person aggrieved thereby. (2) Where a person appeals against an order made under this Act by a court of summary jurisdiction without convicting him, the county court shall have the like powers on the appeal as if it had been against both conviction and sentence. (3) An appeal by a child or young person in respect of whom an order has been made under this Act by a court of summary jurisdiction, whether the appeal is against the order or against the finding upon which the order was made, may be brought by him or by his parent or guardian on his behalf. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 178 Assessors for county court in appeals from juvenile courts. 178.(1) Where a county court deals with a case on appeal from a juvenile court, the judge shall, where practicable, be assisted by two persons selected from one or more than one of the appropriate juvenile court panels, who shall sit with him and act as assessors. (2) Where in any case only one such person is available, the judge may sit with that person; and where in any case no such person is available and it appears to the judge that an adjournment would not be in the interests of justice, he may sit alone. (3) The power of the [Lord Chancellor] to make regulations under paragraph 8 of Schedule 2 shall include power to make regulations making provision for selecting persons from juvenile court panels to act under subsection (1) and ... for securing their presence on the bench and for the payment to them by the [Lord Chancellor] of allowances corresponding to the allowances mentioned in paragraph 6 of that Schedule, and the regulations shall secure that, so far as practicable, of any two such persons assisting the judge one at least is a woman. (4) In this section "the appropriate juvenile court panels" means the panel formed under paragraph 1 of Schedule 2 for the ... county court division for which the county court is held and the panel for any other county [court division] which adjoins that county [court division]; "judge" has the same meaning as in the County Courts Act (Northern Ireland) 1959. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 179 Regulations. 179. All regulations made under this Act shall be subject to negative resolution. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 180 Interpretation. 180.(1) In this Act "the Act of 1950" means the Children and Young Persons Act (Northern Ireland) 1950; "broadcast" includes a sound or television broadcast and the transmission of words to the subscribers to a diffusion service; "child", except when used in Parts I, III, VI, VII and VIII and sections 164, 165 and 168 means a person under the age of fourteen, and (a)when used in Part I has, subject to section 10(1), the meaning assigned to it by section 19(2); (b)when used in Part III has the meaning assigned to it by section 47(1); and (c)when used in Parts VI, VII and VIII and sections 164, 165 and 168 means a person under the age of eighteen; "clerk" in relation to any authority other than a court means any member or officer of the authority authorised by them to act in the matter in question; "compulsory school age" has the same meaning as in the [Education and Libraries (Northern Ireland) Order 1972], except that for the purposes of sections 37(1)(a) and 87(1) it shall be construed without regard to the provisions of [Article 36(2) of the said Order of 1972]; "credentials" in relation to a person acting in any capacity means some duly authenticated document showing that he is authorised to act in that capacity; "doctor" means a fully registered medical practitioner; "guardian", in relation to a child or young person, includes any person who, in the opinion of the court having cognisance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person; "in need of care, protection or control" has the meaning assigned to it by section 93; "intoxicating liquor" means any fermented, distilled or spirituous liquor which under the law for the time being in force is subject to an excise duty; "legal guardian", in relation to a child or young person, means a person appointed by deed or will or otherwise, in accordance with the provisions of any enactment, or by a court of competent jurisdiction, to be his guardian; Definition rep. by 1972 NI 14 art.109(3) sch.18 "local education authority" [shall be construed in accordance with Article 3(1) of the Education and Libraries (Northern Ireland) Order 1972]; "managers", in relation to a training school ..., means the persons for the time being having the management or control thereof; "the Minister" means the Minister of Home Affairs; "the Ministry" means the Ministry of Home Affairs; "notice" means notice in writing; "order for conditional discharge" has the same meaning as in the Probation Act (Northern Ireland) 1950; "parent", in relation to any child or young person, or other person (a)who is illegitimate, includes his putative father; (b)who has been adopted in pursuance of any enactment (including an enactment in force in Great Britain, the Isle of Man or any of the Channel Islands), means the person or persons by whom he has been adopted, or last adopted, to the exclusion of his natural parents; "parental rights order" means an order made under section 104; "place of safety" means any remand home, any home provided by [the Ministry of Home Affairs] under Part VII, any constabulary station, any hospital or surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child or young person; "prescribed", except in relation to matters prescribed by bye-laws, means prescribed by regulations made by the Ministry; "probation order" has the same meaning as in the Probation Act (Northern Ireland) 1950; "public place" includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise; "relative", in relation to a child or young person, means a grandparent, brother, sister, uncle or aunt, whether of the full blood, of the half blood or by affinity, and includes (a)where an order authorising an adoption has been made in respect of the child or young person or any other person under any enactment (including an enactment in force in Great Britain, the Isle of Man or any of the Channel Islands), any person who would be a relative of the child or young person if the adopted child or young person were the child of the adopter born in lawful wedlock; (b)where the child or young person is illegitimate, his putative father and any person who would be a relative of his if he were the legitimate child of his mother and putative father; "remand centre" has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968; "remand home" means a remand home registered under Part IX; "school" has the same meaning as in the [Education and Libraries (Northern Ireland) Order 1972]; "special reception centre" means accommodation for the temporary reception of children provided under section 116(2) which [the Ministry of Home Affairs] has given notice is for the time being available for the custody of children of or under an age specified in the notice who are sent there for that purpose from the area specified in the notice, and any reference to the area of a special reception centre shall be construed as a reference to the area so specified; "street" includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; "supervision order" has the meaning assigned to it by section 81(1); "training school" means a school approved by the Ministry [or the Secretary of State] under section 137; "training school order" means an order made by a court sending a person to a training school; Definition rep. by 1972 NI 14 art.109(3) sch.18 "young offenders centre" has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968; "young person" means a person who has attained the age of fourteen and is under the age of seventeen. (2) References in this Act to findings of guilt and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed. (3) References in this Act to the age of any person are expressed in years. (4) For the purposes of this Act a statement made regardless of whether it is true or false shall be deemed to be made recklessly, whether or not the person making it had reasons for believing that it might be false. CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 181 Transitional provisions, amendments and repeals. 181.(1) This Act has effect subject to the transitional provisions set out in Schedule 6. Subs.(2), with Schedule 7, effects amendments; subs.(3), with Schedule 8, effects repeals CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 182 Short title and commencement. 182.(1) This Act may be cited as the Children and Young Persons Act (Northern Ireland) 1968. (2)(3) Commencement The murder or manslaughter of a child or young person. Infanticide. Aiding, abetting, counselling or procuring the suicide of a child or young person. Any offence under section 27, 55 or 56 of the Offences against the Person Act 1861, and any offence against a child or young person under section 42, 43, 52, 61 or 62 of that Act. Any offence under the Criminal Law Amendment Act, 1885. Any offence under the Punishment of Incest Act, 1908, in respect of a child or young person. Any offence under section 101 of the Mental Health Act (Northern Ireland) 1961. Any offence under sections 20, 21, 22, 23, 24, 29 and 42. Any other offence involving mental or bodily injury to a child or young person. Any attempt to commit against a child or young person an offence under section 61 or 62 of the Offences against the Person Act 1861, the Criminal Law Amendment Act 1885, the Punishment of Incest Act 1908 or section 101 of the Mental Health Act (Northern Ireland) 1961. [Any offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980.] 1.(1) For the purposes of this Act there shall be formed in each county [court division] a panel of persons having special qualifications for dealing with juvenile cases. (2) The members of such panels shall be appointed by the [Lord Chancellor] and, subject to sub-paragraphs (3) and (4), shall hold office for such period and on such terms as may be specified in their instruments of appointment. (3) No person shall be so appointed unless he has given an undertaking in writing to attend a course of training approved by the [Lord Chancellor], and it shall be a condition of his appointment that he will complete the course within the period of one year from the date of his appointment or such longer period as the [Lord Chancellor] may in writing allow. (4) No person shall be appointed to, or continue to be, a member of a panel after he attains such retiring age as may be prescribed [by regulations made under paragraph 8]. (5) Without prejudice to sub-paragraph (4), a person who ceases to be a member of a panel may be re-appointed. 2.(1) Except as provided by sub-paragraph (2), each member of a panel on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the Promissory Oaths Act 1868. (2) Sub-paragraph (1) shall not apply to a member [who has taken the said oaths after a previous appointment as a member of any such panel or who has taken the said oaths as required by section 7 of the Magistrates' Courts Act (Northern Ireland) 1964]. 3.(1) Subject to the provisions of paragraph 4, a juvenile court shall be constituted of a resident magistrate, who shall be chairman, and two persons selected from one or more than one of the panels mentioned in sub-paragraph (2), of whom one at least shall be a woman. (2) The panels referred to in sub-paragraph (1) are the panel formed under paragraph 1 for the county [court division] which includes the petty sessions district or districts for which the court acts and the panel for any other county [court division] which adjoins that county [court division]. 4. A juvenile court at which the chairman is present shall have power to act notwithstanding that any other member fails to attend and remain present during the sitting of the court and all acts done by the court shall notwithstanding any such failure be as valid as if that member had so attended and remained. 5.(1) The decision of a juvenile court upon any matter before it shall be by a majority of the members and shall be pronounced by the chairman, or other member at the request of the chairman, and no other member of the court shall make any separate pronouncement thereon; but where the chairman and one other member only attend and remain present during the sitting of the court the decision of the court shall in the event of disagreement between the chairman and that other member be the decision of the chairman and shall be pronounced by the chairman. (2) Where during or after the hearing and before the determination of any matter before a juvenile court it appears to the chairman that there is, or is likely to be, any difference of opinion between the members, he shall cause the deliberations of the court upon that matter to be conducted in private, and may if he thinks fit adjourn the case for that purpose. 6. [ The Lord Chancellor may, out of money provided by the Parliament of the United Kingdom, pay] to any member of a panel formed under paragraph 1 who acts as a member of a juvenile court travelling and other allowances in respect of his services in accordance with such scales and subject to such conditions as the [Lord Chancellor may, with the approval of the Minister for the Civil Service determine]. 7. The clerk of petty session for the petty sessions district in which a juvenile court sits, or his deputy, shall be the clerk of that court. 8. Regulations made by the [Lord Chancellor] shall (a)make provision for selecting the members of a panel who are to take part in the constitution of juvenile courts; (b)designate the areas (each comprising one or more than one petty sessions district) in which the several juvenile courts are to exercise jurisdiction; (c)provide for anything which is necessary or expedient for giving due effect to the provisions of this Act; 1. Subject to the provisions of this Schedule, a supervision order may contain such provisions as the court, having regard to the particular circumstances of the case, considers necessary for effecting the purpose of the order. 2. A supervision order shall cease to have effect when the person placed under supervision attains the age of eighteen. 3.(1) A juvenile court may, upon the application of the person under supervision, or of the person under whose supervision he is, discharge the supervision order. (2) Without prejudice to its power under sub-paragraph (1), where an order is in force committing the person under supervision to the care of a fit person, the juvenile court may discharge the supervision order on the application of that person or, where the other order is revoked, without any application. 4.(1) Subject to sub-paragraph (2), if a juvenile court is satisfied that a person under supervision proposes to change, or has changed, his residence to another petty sessions district, the court may, and if an application in that behalf is made by the person under whose supervision he is shall, by order amend the supervision order by substituting for the petty sessions district named therein (or, as the case may be, by inserting therein) the petty sessions district where the person under supervision proposes to reside or is residing. (2) If the supervision order contains requirements which, in the opinion of the court, cannot be complied with unless the person under supervision continues to reside in the same petty sessions district, the court shall not amend the order as aforesaid unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with. 5.(1) Subject to sub-paragraph (2), a juvenile court may, on the application of any person, by order amend a supervision order (a)by substituting for the supervision of a probation officer or, as the case may be, of a person appointed for the purpose by the court supervision by such other person as the court considers appropriate in the circumstances of the case; or (b)by cancelling any of the requirements of the order or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by the court. (2) A court shall not amend a supervision order under this paragraph (a)by reducing the period of supervision specified in the order, or by extending that period beyond the end of three years from the date of the original order; or (b)by inserting therein a requirement that the person under supervision shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order. 6.(1) Where an application for the discharge or amendment of a supervision order made in respect of any person is made by the person under whose supervision he is, the applicant may, for the purpose of the application, bring the person under supervision before the court. (2) Where a court proposes to amend a supervision order by imposing a requirement that the person under supervision shall reside in an institution or submit to treatment for his mental condition the court shall summon the person under supervision to appear before the court. 7. A supervision order may not contain any requirement as to the place of residence of the person placed under supervision or as to treatment for his mental condition unless he either is under the age of fourteen or consents to the requirement. 8. The period for which a person may be required by a supervision order to reside in an institution or to submit to treatment for his mental condition shall not exceed twelve months. 9. A supervision order requiring the person under supervision to submit to treatment for his mental condition shall specify one of the following as the treatment required, that is to say (a)treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the [Health and Personal Social Services (Northern Ireland) Order 1972 approved by the Ministry of Health and Social Services] for the purposes of this section; or (b)treatment by or under the direction of a doctor specified in the order. 10. Where [the Ministry of Health and Social Services] in relation to a hospital at which, or a doctor by whom or under whose direction, a person (in this paragraph referred to as "the patient") is being treated for his mental condition in pursuance of any requirement of a supervision order is of opinion (a)that the treatment should be continued beyond the period specified in that behalf in the order; or (b)that the patient needs different treatment; or (c)that the patient is not susceptible to treatment; or (d)that the patient does not require further treatment; 11. The probation officer under whose supervision a person is to be placed shall be selected under arrangements made by the Ministry. 12. If the probation officer so selected dies or is unable for any reason to carry out his duties, or if any person exercising functions in relation to the selection of probation officers for the purposes of this Schedule under arrangements made by the Ministry thinks it desirable that another person should take his place, another probation officer shall be selected in like manner. 13. The court by which a supervision order is made or amended shall as soon as reasonably practicable give or send a copy of its order (a)to the person under supervision; and (b)to the person under whose supervision he is placed; and (c)where the person under supervision is required to reside in an institution, to the person in charge of the institution; and (d)where the person under supervision is required to reside in an institution other than a hospital or private hospital within the meaning of the Mental Health Act (Northern Ireland) 1961 in which he is required to reside for the purpose of treatment as a resident patient, to the Ministry; and (e)where the petty sessions district named in the order is not the petty sessions district for which the court acts, to the clerk of petty sessions for the petty sessions district named in the order; 1. An Appeal Tribunal shall consist of the following members, that is to say: a chairman, who shall be a practising barrister-at-law of not less than seven years' standing, appointed by the Lord Chief Justice; a member having experience in children's welfare work appointed by the Minister; a member appointed by the Minister on the recommendation of the Northern Ireland Branch of the British Medical Association. 2. An officer of a government department shall not be appointed a member of an Appeal Tribunal. 3. Any decision of an Appeal Tribunal shall be made by the chairman after consultation with the other members. 4. An Appeal Tribunal may give directions with respect to the practice and procedure to be followed in any proceedings before the Tribunal and anything incidental to or consequential on such proceedings. 5. The Ministry may nominate one of its officers to act as clerk of an Appeal Tribunal. 6. An Appeal Tribunal may make orders as to the expenses incurred by the Ministry and the appellant and as to the parties by whom such expenses shall be paid; and any expenses of the Ministry which are so ordered to be paid by the appellant shall be recoverable from him by the Ministry summarily as a debt. 1. The Ministry may make rules for the management and discipline of training schools. 2. No substantial addition to, or diminution or alteration of, the buildings or grounds of a training school shall be made without the approval in writing of the Ministry. 3. If it appears to the Ministry that the provision made in any training school with regard to any matter relating to (a)the premises or equipment of the school, (b)the number or grades of the staff employed in the school, or (c)the education, training or welfare of persons under the care of the managers of the school, 4. A minister of the religious persuasion to which a person in a training school belongs may visit him at the school on such days, at such times and on such conditions as may be fixed by rules made by the Ministry, for the purpose of affording him religious assistance and instruction. 5. If it appears to the managers of a training school that a person who has been ordered to be sent to their school requires medical attention before he can properly be received into the school, or that a person detained in the school requires such attention, they may make arrangements for him to be received into and detained in any hospital, home or other institution where he can receive the necessary attention; and that person, while so detained, shall for the purposes of this Act be deemed to be detained in the school. 6. At any time during the period of a person's detention in a training school the managers of the school may grant leave to him to be absent therefrom in the charge of such person and for such period as they think fit, but during such period he shall, for the purposes of this Act, be deemed to be under the care of the managers of the school, and the managers may at any time require him to return to the school. 7. The managers of a training school may, with the consent of the Ministry and subject to such conditions as may be prescribed, board any child or young person detained in the school out with any suitable person for such period or extended period as they think advisable in the interests of the child or young person; but a child or young person so boarded out shall for the purposes of this Act be deemed not to have ceased to be detained in the training school, and the provisions of this Act shall apply accordingly, subject to such modifications as may be prescribed. 8.(1) Subject to sub-paragraph (2), at any time during the period of a person's detention in a training school the managers of the school may and, if the Ministry so directs, shall by licence in writing permit him to live with his parent or any trustworthy and respectable person (to be named in the licence) who is willing to receive and take charge of him. (2) A licence under sub-paragraph (1) shall not be granted during the first twelve months of the period of a person's detention, except with the consent of the Ministry. (3) The Ministry shall through its inspectors review the progress made by persons detained in training schools with a view to ensuring that they shall be placed out on licence as soon as they are fit to be so placed out. (4) The managers of a training school may at any time by order in writing revoke any licence and require the person to whom it relates to return to the school. (5) For the purposes of this Act a person who is out on licence from a training school shall be deemed to be under the care of the managers of the school. 9.(1) If a person under the care of the managers of a training school conducts himself well, the managers of the school may, with his written consent, apprentice or place him in any trade, calling, or service, including service in the Navy, Army or Air Force, or may, with his written consent and with the written consent of the Ministry, arrange for his emigration. (2) Before exercising their powers under this paragraph the managers shall, where it is practicable so to do, consult with the parents of the person concerned. 10.(1) If a person detained in a training school has attained the age of fifteen and it appears to a justice of the peace (other than a justice who is one of the managers of the school) on complaint on oath made by or on behalf of the managers of the school that he is so seriously unruly or subversive that it is necessary for maintaining the discipline of the school that he should forthwith be removed therefrom pending inquiry as to the best means of dealing with him, the justice may issue a warrant directing him to be removed by a constable from the school to prison, and there detained for a period of five weeks unless sooner dealt with according to law. (2) The enactments relating to persons detained in training schools shall apply in relation to any person removed from a training school in pursuance of a warrant under sub-paragraph (1) as if he were detained in, and under the care of the managers of, that school. (3) As from the commencement of section 1 of the Treatment of Offenders Act (Northern Ireland) 1968 sub-paragraph (1) shall have effect as if the reference therein to prison were a reference to a remand centre or a young offenders centre. 11.(1) If a person detained in a training school is guilty of serious misconduct, the managers, if authorised by the Ministry so to do, may bring him before a court of summary jurisdiction and that court may (a)in any case, either make a new training school order in his case, or order him to have the period of his detention in the school under the original training school or other order increased by such period not exceeding six months as the court may direct; (b)if he has attained the age of fifteen, order him to be [detained in a young offenders centre for a term not exceeding two years or the unexpired part of the period for which he was liable to be detained in the training school, whichever is the lesser]; Head (c) rep. by 1980 NI 10 art.4(3) sch.3 (2) An order under head (a) of sub-paragraph (1) extending the period of detention under a training school or other order shall have effect notwithstanding any limitation imposed by this Act upon the period for which a person may be detained in a training school; and in relation to a new training school order made under that head, (a)the provisions of any enactment relating to the making of a training school order in the case of a person who has not attained the age of seventeen or to persons in the case of whom training school orders have been made shall apply notwithstanding that the person in respect of whom the new training school order is made has attained that age, and (b)sections 87 and 90 shall have effect as if for any reference therein to the age of nineteen there were substituted a reference to the age of nineteen and a half. Sub-para.(3) rep. by 1980 NI 10 art.4(3) sch.3 (4) On the making of a new training school order under head (a) of sub-paragraph (1), in respect of a person detained in a training school, the order under which he was so detained shall cease to have effect; .... (5) If the court before which a person is brought under this paragraph is not in a position to decide what order, if any, under this paragraph should be made in his case, the court may make such interim order as it thinks fit for his detention or further detention in another training school or in a remand home, or in a young offenders centre or a remand centre. (6) Unless extended under sub-paragraph (7), an interim order under sub-paragraph (5) shall not remain in force beyond the date of expiry of a period of five weeks. (7) An interim order under sub-paragraph (5) may from time to time be varied or extended by the court which made it or by any other court of summary jurisdiction acting for the same petty sessions district; but a person shall not be detained by virtue of an interim order (whether in the same institution or in different institutions) for a period exceeding ten weeks in all. (8) Where a court having power under sub-paragraph (7) to vary or extend an interim order made under sub-paragraph (5) in the case of any person is satisfied on any occasion that, by reason of illness or accident, that person is unable to appear personally before the court, the court may exercise the said power on that occasion in his absence. (9) Subject to the provisions of this paragraph, the provisions of the Magistrates' Courts Act (Northern Ireland) 1964 and of any other enactment relating to summary proceedings (other than provisions relating to remand) shall apply in relation to proceedings for an order under this paragraph as they apply in relation to proceedings against a person charged with a summary offence. Sub-para.(10) rep. by 1980 NI 10 art.4(3) sch.3 12.(1) The Minister may at any time order a person under the care of the managers of a training school to be discharged .... (2) Upon a person being so discharged ... as aforesaid or removed under paragraph 11(1)(b) ... to ... a young offenders centre the Ministry shall cause notice to be sent to the local authority liable to make contributions in respect of him. Sub-para.(3) rep. by 1973 c.53 s.31 sch.5 13. Where a person detained in a training school is transferred to the care of the managers of another school, he shall be conveyed to his new school by and at the expense of the managers of the first-mentioned school. 14.(1) Subject as hereinafter provided, all rights and powers exercisable by law by a parent shall as respects any person under the care of the managers of a training school be vested in them, so however that, where a person out under supervision from a training school is lawfully living with his parents or either of them, the said rights and powers shall be exercisable by the parents or, as the case may be, by the parent with whom he is living; but it shall be the duty of any such parent so to exercise those rights and powers as to assist the managers to exercise control over him. (2) The managers of a training school shall be under an obligation to provide for the clothing, maintenance and education of the persons under their care, except that while such a person is out under supervision or on licence their obligation shall be to cause him to be visited, advised and befriended and to give him assistance (including, if they think fit, financial assistance) in maintaining himself and finding suitable employment. 15. Every person who (a)is authorised by the managers of a training school to take charge of a person under their care, or to apprehend such a person and bring him back to the school; or (b)is authorised by ... [the Ministry of Home Affairs] or, being a probation officer, is authorised by a court, to take to a training school a person ordered to be detained therein; 16.(1) The managers of any training school may, as part of the expenses of the management of the school, pay, or contribute towards the payment of a superannuation allowance or gratuity (a)to any officer who retires by reason of old age or permanent infirmity of mind or body; (b)to any officer, who, in accordance with the terms of his appointment, is required to vacate his office by reason of the death, or the retirement on account of old age or permanent infirmity, of another officer; (c)to any dependant of an officer who has died in the service of the school. (2) No payment or contribution in respect of any such superannuation allowance or gratuity shall be made unless it is made in accordance with rules approved by the Ministry with the concurrence of the Ministry of Finance for regulating the grant of such allowances and gratuities, or unless it is specially sanctioned by the Ministry. 1. Where a period of time specified in a provision of the Act of 1950 is current at the commencement of any corresponding provision of this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run. 2. Any reference in any provision of this Act to any order or interim order of court made, or any offence committed or any thing done under that or any other provision of this Act shall be deemed to include a reference to any such order, offence or thing made, committed or done under any corresponding provision of the Act of 1950. 3. The power to revoke or vary a licence under section 25 of the Act of 1950 granted before the coming into operation of section 43 shall be exercisable by the local education authority in whose area the place where the person to whom the licence relates is to be trained in accordance with the licence is situated, or if more than one such place is specified in the licence, the local education authority for the area where the place first so specified is situated. 4. Nothing in this Act shall affect the operation of section 65 of the Act of 1950 in relation to an application made thereunder before the repeal of that section. 5.(1) Any supervision order made under the Act of 1950 which is amended after the commencement of section 81 shall name the petty sessions district in which the person placed under supervision resides or will reside. (2) Any powers exercisable by a juvenile court in relation to a supervision order made before and not amended after the commencement of section 81 shall be exercisable by a juvenile court acting for the petty sessions district in which the person placed under supervision resides. (3) Subsection (2) of section 81 and Schedule 3 shall have effect with regard to supervision orders made before, as well as after, the date of the commencement of that section; and in relation to any such order made before, but not amended after, that date the reference in the said subsection (2) to the petty sessions district for the time being named in the order shall be construed as a reference to the petty sessions district in which the person placed under supervision resides. 6. Any appeal which, if this Act had not been passed, could have been brought to a tribunal constituted under section 100 of and Schedule 3 to the Act of 1950 may be brought to a tribunal constituted under section 128 and Schedule 4. 7. Subsections (2) to (5) of section 139 of the Act of 1950 shall have effect for the purposes of this Act as if re-enacted herein, and as if any reference in those subsections to the Act of 1950 included a reference to this Act. Schedule 7Amendments. Schedule 8Repeals

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	Statutes of Northern Ireland
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Statutes of Northern Ireland