Statutory Instrument 1998 No. 1504 (N.I. 9)

      The Criminal Justice (Children) (Northern Ireland) Order 1998


      © Crown Copyright 1998

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STATUTORY INSTRUMENTS


1998 No. 1504 (N.I. 9)

NORTHERN IRELAND

The Criminal Justice (Children) (Northern Ireland) Order 1998

  Made 24th June 1998 
  Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
1. Title and commencement.
2. Interpretation.

PART II

GENERAL
3. Age of responsibility.
4. Child's welfare.
5. Words not to be used in relation to children dealt with summarily.

PART III

ARREST AND DETENTION
6. Child arrested in pursuance of warrant to be released.
7. Child apparently under 14 arrested without warrant for offence other than homicide to be released.
8. Child not released under Article 7.
9. Separation of child in police detention from adults charged with offences.
10. Duty to inform person responsible for welfare of child in police detention.

PART IV

CRIMINAL PROCEEDINGS
11. Notice of charges against child.
12. Release on bail.
13. Remand in custody.
14. Power to enforce attendance of child.
15. Attendance of parent or guardian.
16. Separation of child from adults charged with offences.
17. Summary trial of indictable offences.
18. Exclusion of child from court during the trial of other persons.
19. Form of oath for use in youth court and by children in other courts.
20. Evidence given unsworn by child.
21. Power to clear court while child is giving evidence in certain cases.
22. Restrictions on reporting proceedings.
23. Evidence of child in committal proceedings for violent or sexual offence.
24. Power to proceed with case in absence of child in certain proceedings.
25. Extension of power to take deposition of child.
26. Admission of deposition of child in evidence in certain proceedings.

PART V

YOUTH COURTS
27. Youth courts.
28. Assignment of certain matters to youth courts.
29. Power of magistrates' court to remit a child for trial to a youth court.
30. Powers of youth courts in relation to persons who are not or who cease to be children.
31. Remand for purpose of obtaining information.

PART VI

SENTENCING AND OTHER POWERS
Preliminary
32. Remission by other courts of offenders to youth courts.
33. Power to notify appropriate authority if child's welfare requires it.
Fines and recognizances
34. Fines.
35. Parent or guardian to pay fine, etc., instead of child.
36. Parent or guardian to enter into recognizance.
Attendance centre orders
37. Attendance centre orders.
38. Discharge, revocation or variation of attendance centre orders.
Juvenile justice centre orders
39. Juvenile justice centre orders.
40. Supervision under a juvenile justice centre order.
41. Breach of supervision requirements.
42. Taking of children to juvenile justice centre.
43. Effect of juvenile justice centre order where care order is in force.
44. Effect of subsequent conviction where juvenile justice centre order is in effect.
Grave crimes
45. Punishment of certain grave crimes.
46. Discharge on licence.
Miscellaneous
47. Limitation on punishment for contempt of court or default of payment of fine, etc.
48. Power of courts on committal of offender.
49. Duty of parent or guardian to notify change of address.

PART VII

ATTENDANCE CENTRES AND JUVENILE JUSTICE CENTRES
Attendance centres
50. Attendance centres.
Juvenile justice centres
51. Juvenile justice centres.
52. Supervising powers of Secretary of State.
53. Parental responsibility for children in juvenile justice centres.
54. Escapes from juvenile justice centres.
Inspection
55. Power to inspect attendance centres and juvenile justice centres.

PART VIII

MISCELLANEOUS AND GENERAL
56. Juvenile Justice Board.
57. Grants for juvenile justice centres, attendance centres and the Juvenile Justice Board.
58. Inquiries and investigations.
59. Acquisition and disposal of land.
60. Power to enter on lands.
61. Proof of documents.
62. Presumption and determination of age.
63. Appeals.
64. Transitional provisions and savings.
65. Amendments and repeals.

SCHEDULES:

  Schedule 1 -  Definitions of "sexual offence" and "violent offence".

  Schedule 2 -  Juvenile justice centres.

  Schedule 3 -  Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for the purposes of Article 59(3).

  Schedule 4 -  Transitional provisions and savings.

  Schedule 5 -  Amendments.

  Schedule 6 -  Repeals.

 
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© Crown copyright 1998
Prepared 15 July 1998