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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.


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© 1968 Crown Copyright

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