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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.


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© 1968 Crown Copyright

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