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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 140

Effect of training school order where order committing child to care of a fit person or parental rights order is in force.

140.(1) Any person who has been ordered to be sent to a training school and
who

(a)escapes from the school in which he is detained, or from any hospital, home
or institution in which he is receiving medical attention; or

(b)being absent from his school on temporary leave of absence or under
supervision or on licence, runs away from the person in whose charge he is, or
fails to return to the school upon the expiration of his leave; or

(c)being absent from his school under supervision or on licence, fails to
return to the school upon being recalled,

(2) The court before which a person is brought under subsection (1) may,
subject to subsection (3),

(a)in any case, either make a new training school order in his case or order
him to be taken back to the school and extend the period of his detention
under the original training school or other order by such period not exceeding
six months as the court may direct;

(b)if he has attained the age of fifteen, order him to be [detained in a
young offenders centre for a term not exceeding two years or the unexpired
part of the period for which he was liable to be detained in the
training school, whichever is the lesser];

(i)on the making of a new training school order under paragraph (a) the
original training school order shall cease to have effect; ...

Para.(ii) rep. by 1980 NI 10 art.4(3) sch.3

(3) An order under paragraph (a) of subsection (2) extending the period of
detention under a training school or other order shall have effect
notwithstanding any limitation imposed by this Act upon the period for which a
person may be detained in a training school; and in relation to a new
training school order under that paragraph

(a)the provisions of any enactment relating to the making of a
training school order in the case of a person who has not attained the age of
seventeen or to persons in the case of whom training school orders have been
made shall apply notwithstanding that the person in respect of whom the new
training school order is made has attained that age; and

(b)sections 87 and 89 shall have effect as if for any reference therein to the
age of nineteen there were substituted a reference to the age of nineteen and
a half.

(4) Where under subsection (1) a person is brought back to his school, the
period of his detention shall (notwithstanding any limitations contained in
this Act upon the period during which he may be detained in a training school)
be increased, over and above any increase ordered by a court, by a period
equal to the period during which he was unlawfully at large.

(5) The expenses of bringing a person back to a school, hospital, home or
institution or to a person in whose custody he was shall be borne by the
managers of the school.

(6) If any person

(a)knowingly assists a person who escapes, runs away or fails to return as
mentioned in paragraphs (a), (b) and (c) of subsection (1) or knowingly
induces any person to so escape, run away or fail to return; or

(b)without lawful authority takes a person away from any such school,
hospital, home, institution or person as is mentioned in the said paragraphs
(a) and (b); or

(c)knowingly harbours or conceals a person who escapes, runs away or fails to
return as aforesaid, or prevents him from returning;

General provisions as to children and young persons committed to the care of
fit persons.

© 1968 Crown Copyright

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