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

Link to law: http://www.legislation.gov.uk/nisi/1998/1504/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation

PART II GENERAL

3.Age of responsibility
3A.Youth conferences
3B.Youth conference rules
3C.Youth conference plans
Art.4 rep. by 2002 c. 26
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 3A DIVERSIONARY YOUTH CONFERENCES

10A.Diversionary youth conferences
10B.References: supplementary
10C.Recommendations: supplementary
10D.Plans: compliance and variation

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
30A.Power of youth court in relation to remands
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

Youth conferences

33A.Court-ordered youth conferences
33B.Associated offences
33C.References: supplementary
33D.Termination of youth conference
33E.Recommendations: supplementary

Fines and recognizances

34.Fines
35.Parent or guardian to pay fine, etc., instead of child
36.Parent or guardian to enter into recognizance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36ZA.Parental compensation orders
36ZB.Parental compensation orders: the compensation
36ZC.Parental compensation orders: supplemental
36ZD.Parental compensation orders: appeal
36ZE.Effect of parental compensation order on subsequent award of damages in civil proceedings

Reparation orders

36A.Reparation orders
36B.Restrictions on reparation orders
36C.Requirements of reparation orders
36D.Supplementary provisions about reparation orders

Community responsibility orders

36E.Community responsibility orders
36F.Restrictions on community responsibility orders
36G.Requirements of community responsibility orders
36H.Rules relating to community responsibility orders
36I.Supplementary provisions about community responsibility orders

Youth conference orders

36J.Youth conference orders
36K.Supplementary provisions about youth conference orders
36L.Monitoring compliance with youth conference orders

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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Custody care orders

44A. Custody care orders
44B. Period in secure accommodation under custody care order
44C. Escape from secure accommodation
44D. Taking of children to secure accommodation
44E. Supervision under custody care order
44F. Breach of supervision requirements
44G. Effect of subsequent conviction where custody care 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

Art. 56 rep. by 2004 c.4
57.Grants for juvenile justice centres, attendance centres and the Juvenile Justice Board
Art. 58 rep. by 2005 c. 12
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
Article 65—Amendments and repeals

SCHEDULES

SCHEDULE 1
DEFINITIONS OF “SEXUAL OFFENCE” AND “VIOLENT OFFENCE”

1.In this Order “sexual offence” means . . . an...
2.In this Order “violent offence” means an offence which leads...

SCHEDULE 1A
BREACH, REVOCATION AND AMENDMENT OF REPARATION ORDERS, COMMUNITY RESPONSIBILITY ORDERS AND YOUTH CONFERENCE ORDERS

Introductory
1.(1) In this Schedule “relevant order” means a reparation order,...

Breach of relevant order
2.(1) Paragraphs 3 and 4 make provision for dealing with...

Order as punishment for breach
3.(1) The relevant court may— (a) in the case of...

Re-sentencing for breach
4.(1) The relevant court may (instead of making an order...

Revocation, amendment and extension of relevant order
5.(1) If, while a relevant order is in force in...

Dealing with relevant order when sentencing after subsequent conviction
6.(1) This paragraph applies where an offender in respect of...

Copies of revoking, amending or extending order
7.(1) On the making of an order under this Schedule...

Presence of offender in court, remands etc.
8.(1) Where the responsible officer makes an application to a...

SCHEDULE 2
JUVENILE JUSTICE CENTRES

1.(1) A juvenile justice centre order or any other order...
2.A minister of the religious persuasion to which a person...
3.If it appears to the managers of a juvenile justice...
4.At any time during the period of a person's detention...
5.(1) If in the case of a person detained in...
6.(1) If a persondetainedin a juvenile justice centre has attained...
7.Every person who— (a) is authorised by the managers of...

Schedule 3—Modifications

SCHEDULE 4
TRANSITIONAL PROVISIONS AND SAVINGS

1.Each of Articles 35, 36, 37, 39, 44, 45, 47...
2.Any training school which at the commencement of this paragraph...
3.Where at the commencement of this paragraph there is in...
4.In this Schedule the “Act of 1968” means the Children...

Schedule 5—Amendments

Schedule 6—Repeals
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