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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9) URL: http://www.bailii.org/nie/legis/num_orders/1998/19981504(07).html |
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| Statutory Instruments 1998 No. 1504 (N.I. 9) The Criminal Justice (Children) (Northern Ireland) Order 1998 - continued |
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1. In section 47(1A) (interpretation), for paragraphs (c) and (d) substitute -
(c) a juvenile justice centre".
2.
In section 2 (costs of prosecution in cases of conviction), after subsection (1) insert the following subsection -
3. In section 2 (young offenders centres and remand centres) -
(b) in paragraph (b)(i) for "fourteen" substitute "fifteen".
4.
In section 5 (detention in a young offenders centre), in subsections (1) and (3), for "section 72(3) of the Children and Young Persons Act (Northern Ireland) 1968" substitute "Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998". 6. In section 1 (punishment for murder) -
(b) in subsection (3), for "section 73(1)" substitute "Article 45(2)".
7.
In Part II of Schedule 1 (bodies all members of which are disqualified), at the appropriate place in alphabetical order insert -
8. In Part II of Schedule 5 (minor and consequential amendments), in the entry amending section 136(4) of the Children and Young Persons Act (Northern Ireland) 1968, for "sections 136(4) and" substitute "section". 9. InArticle 5(3) (restrictions onevidence at committal proceedings), for the words from "section 79(1)" to "young person" substitute "Article 17(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (which provides for the summary trial in certain cases of a child". 10. In Article 9(2) (amendments), for the words from the beginning to "174)" substitute "References in the Children and Young Persons Act (Northern Ireland) 1968 (except in section 174) and the Criminal Justice (Children) (Northern Ireland) Order 1998". 11. In Article 6 (rehabilitation periods for particular sentences) -
(b) in paragraph (2), in Table B, for the words from "section 73" to "1968" substitute "Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998" and for "that section 73" substitute "that Article 45"; (c) in paragraph (6), for sub-paragraphs (b) and (c) substitute the following sub-paragraphs -
(c) an attendance centre order under Article 37 of that Order of 1998.";
(d) in paragraph (9)(c), for the words from "section 73" to "1968" substitute "Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998".
12.
In Article 18(2) (savings), for the words from "section" to "1968" substitute "Article 20 of the Criminal Justice (Children) (Northern Ireland) Order 1998". 13. In section 9(3)(a) (appeal against sentence), for the words from "section 76" to the end substitute "Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998;". 14. In Article 34 (free legal aid for children and young persons), for the words from "or young person" in the first place where they occur to "1968" substitute "within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998". 15. In Article 2(3) (interpretation) -
16.
In Article 24(1) (plea of guilty), for "juvenile" substitute "youth".
20.
In Article 127(8) (power to bind over) for the words from "section 76(2)" to "1968" substitute "Article 36(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998". 21. In Article 10(3) (exemptions from liability for conspiracy), for the words from "section" to "1968" substitute "Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998". 22. In section 2(4)(b)(iii) (warrant for transfer out of the United Kingdom) -
(b) for "young persons" substitute "children".
23.
In Article 3(7) (offence of abduction of child by parent, etc.), for "training school" substitute "juvenile justice centre".
(b) in sub-paragraph (2)(a) for "training school" substitute "juvenile justice centre"; (c) for sub-paragraph (3) substitute -
25. In Article 44(8) (power of courts to order hospital admission or guardianship), for the words from "section 74(1)(a)" to the end substitute "Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 sending a child under the age of 17 to a juvenile justice centre.". 26. In Article 50A(7) (powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.) -
(b) for "remand home" substitute "juvenile justice centre".
27.
In Article 53(5)(a) (removal to hospital of persons serving sentences of imprisonment), for the words from "section 74(1)(a)" to "remand home" substitute "Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 sending a child to a juvenile justice centre".
(ii) in sub-paragraph (b), for "training school" substitute "juvenile justice centre";
(b) in paragraph (3), for "remand home or training school" substitute "or juvenile justice centre".
29.
In Article 61 (interpretation) -
(b) guardian; (c) juvenile justice centre.
(1A) In this Part "place of safety" in relation to a child means any juvenile justice centre, any police station, any hospital or surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child.";
30.
In Article 16(5) (parental agreement), for sub-paragraph (a) substitute the following sub-paragraph -
31.
In Article 13(3) (abolition of requirement of corroboration for unsworn evidence of children), for the words from "Article" to "1995" substitute "Article 20 of the Criminal Justice (Children) (Northern Ireland) Order 1998". 32. In Article 2 (interpretation), for paragraph (5) substitute the following paragraph -
33.
In Article 19(1)(ca) (entry for purpose of arrest), for the words from "training school" to "1968" substitute "juvenile justice centre or in any other place in pursuance of Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998".
35.
In Article 52 (children), for the words from "section" to the end substitute "Articles 7 and 8 of the Criminal Justice (Children) (Northern Ireland) Order 1998 accordingly apply". 39. In section 15(7) (provisions supplementary to power of arrest), for paragraph (c) substitute the following paragraph -
40.
In Schedule 9 (exclusions from entitlement to child benefit) in paragraph 1(1) -
(ii) for the words from "training school" to "licence" substitute "juvenile justice centre, and is not out under supervision";
(b) in paragraph (c), for "section 73 of that Act of 1968" substitute "Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998";
41.
In Article 14 (compensation orders against convicted persons) -
(b) for the purposes of any such order made against an authority (within the meaning of that Order) paragraphs (9) and (10) shall not apply.";
(b) inparagraph (11), after "£5,000" insert "or, if the offender is under the age of 17, £1,000".
42.
In Article 2(9)(b) (interpretation), for "or section 74 of the Children and Young Persons Act (Northern Ireland) 1968" substitute "or with a juvenile justice centre order".
44.
In Articles 74(2)(e) and 91(2)(e) (definitions), for "training school" substitute "juvenile justice centre".
(b) in sub-paragraph (2), after "failing to comply with" insert "a requirement of or".
47.
For section 14 (treatment of young persons convicted of scheduled offences) substitute the following section -
14. Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (under which a court may sentence a child convicted on indictment of an offence punishable in the case of an adult with imprisonment for fourteen years or more todetentionfor a period specified in the sentence) shall have effect in relation to a child convicted of a scheduled offence committed while this section is in force with the substitution of the word "five" for "14".".
48.
In section 16(3) (conviction of scheduled offence during period of remission), for the words from "section 73(1)" to "1968" substitute "Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998". 49. In Schedule 2(personsineligible for jury service) for paragraph(b) of the entry relating to governors, chaplains and other officers of, and members of boards of visitors or visiting committees for various establishments substitute the following -
50.
In Article 13(4) (application of procedure for enforcing fines), for the words from "section 76" to "offenders)" substitute "Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (parent or guardian to pay fine instead of child)". 51. In Article 2(2) (interpretation) -
(b) in the definition of "custodial sentence", in paragraph (b) for sub-paragraphs (ii) and (iii) substitute the following sub-paragraphs -
(iii) an order under Article 39 of that Order sending the offender to a juvenile justice centre;";
(c) in the definition of "sexual offence", for the words from "section" to the end substitute "Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998;".
52.
In Article 7, for paragraph (1) (supplementary provisions as to probation and discharge) substitute the following paragraph -
(b) if the offender has attainedthe age of 14years but is under the age of 17 years, the offender or his parent or guardian,
to give security for the good behaviour of the offender.".
53.
In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), for the words from "section" to "training school order" substitute "Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 on, or make a juvenile justice centre order".
(c) the parent or guardian of an offender who is under the age of 17 years -
(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,";
(b) after paragraph (5) insert the following paragraph -
(b) for the purposes of any such order made against the appropriate authority (within the meaning of that Order) paragraph (1) shall not apply.".
55.
In Article 30 (statements as to offenders' means), after paragraph (2) insert the following paragraph -
56.
At the end of Article 31 (false statements as to financial circumstances) add the following paragraph -
(b) the reference in paragraph (1) to a person who is charged with an offence were a reference to his parent or guardian; (c) the reference in paragraph (2) to his being convicted were a reference to his being convicted and the court's deciding to make an order under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 against his parent or guardian.".
57.
In Article 34(1) (reports of probation officers) for "juvenile" substitute "youth".
(b) in paragraph 4(1)(c) (powers of Crown Court), for the words from "section", where it first occurs to "section" where it occurs for the second time, substitute "Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies, it may make an order under that Article"; (c) in paragraph 11(3) (supplemental provisions) -
(ii) for "managers of the school" substitute "managers of the juvenile justice centre";
(d) in paragraph 18(3) (supplemental provision) -
(ii) for "managers of the school" substitute "managers of the juvenile justice centre".
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| © Crown copyright 1998 | Prepared 15 July 1998 |
