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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 182

Short title and commencement.

182.(1) This Act may be cited as the Children and Young Persons Act (Northern
Ireland) 1968.

(2)(3) Commencement

The murder or manslaughter of a child or young person.

Infanticide.

Aiding, abetting, counselling or procuring the suicide of a child or
young person.

Any offence under section 27, 55 or 56 of the Offences against the Person Act
1861, and any offence against a child or young person under section 42, 43,
52, 61 or 62 of that Act.

Any offence under the Criminal Law Amendment Act, 1885.

Any offence under the Punishment of Incest Act, 1908, in respect of a child or
young person.

Any offence under section 101 of the Mental Health Act (Northern Ireland)
1961.

Any offence under sections 20, 21, 22, 23, 24, 29 and 42.

Any other offence involving mental or bodily injury to a child or
young person.

Any attempt to commit against a child or young person an offence under
section 61 or 62 of the Offences against the Person Act 1861, the
Criminal Law Amendment Act 1885, the Punishment of Incest Act 1908 or
section 101 of the Mental Health Act (Northern Ireland) 1961.

[Any offence under Article 9 of the Criminal Justice (Northern Ireland) Order
1980.]

1.(1) For the purposes of this Act there shall be formed in each county [court
division] a panel of persons having special qualifications for dealing with
juvenile cases.

(2) The members of such panels shall be appointed by the [Lord Chancellor]
and, subject to sub-paragraphs (3) and (4), shall hold office for such period
and on such terms as may be specified in their instruments of appointment.

(3) No person shall be so appointed unless he has given an undertaking in
writing to attend a course of training approved by the [Lord Chancellor], and
it shall be a condition of his appointment that he will complete the course
within the period of one year from the date of his appointment or such longer
period as the [Lord Chancellor] may in writing allow.

(4) No person shall be appointed to, or continue to be, a member of a panel
after he attains such retiring age as may be prescribed [by regulations made
under paragraph 8].

(5) Without prejudice to sub-paragraph (4), a person who ceases to be a member
of a panel may be re-appointed.

2.(1) Except as provided by sub-paragraph (2), each member of a panel on his
appointment shall forthwith take the oath of allegiance and the judicial oath
as required by the Promissory Oaths Act 1868.

(2) Sub-paragraph (1) shall not apply to a member [who has taken the said
oaths after a previous appointment as a member of any such panel or who has
taken the said oaths as required by section 7 of the Magistrates' Courts Act
(Northern Ireland) 1964].

3.(1) Subject to the provisions of paragraph 4, a juvenile court shall be
constituted of a resident magistrate, who shall be chairman, and two persons
selected from one or more than one of the panels mentioned in sub-paragraph
(2), of whom one at least shall be a woman.

(2) The panels referred to in sub-paragraph (1) are the panel formed under
paragraph 1 for the county [court division] which includes the petty sessions
district or districts for which the court acts and the panel for any other
county [court division] which adjoins that county [court division].

4. A juvenile court at which the chairman is present shall have power to act
notwithstanding that any other member fails to attend and remain present
during the sitting of the court and all acts done by the court shall
notwithstanding any such failure be as valid as if that member had so attended
and remained.

5.(1) The decision of a juvenile court upon any matter before it shall be by a
majority of the members and shall be pronounced by the chairman, or other
member at the request of the chairman, and no other member of the court shall
make any separate pronouncement thereon; but where the chairman and one other
member only attend and remain present during the sitting of the court the
decision of the court shall in the event of disagreement between the chairman
and that other member be the decision of the chairman and shall be pronounced
by the chairman.

(2) Where during or after the hearing and before the determination of any
matter before a juvenile court it appears to the chairman that there is, or is
likely to be, any difference of opinion between the members, he shall cause
the deliberations of the court upon that matter to be conducted in private,
and may if he thinks fit adjourn the case for that purpose.

6. [ The Lord Chancellor may, out of money provided by the Parliament of the
United Kingdom, pay] to any member of a panel formed under paragraph 1 who
acts as a member of a juvenile court travelling and other allowances in
respect of his services in accordance with such scales and subject to such
conditions as the [Lord Chancellor may, with the approval of the Minister for
the Civil Service determine].

7. The clerk of petty session for the petty sessions district in which a
juvenile court sits, or his deputy, shall be the clerk of that court.

8. Regulations made by the [Lord Chancellor] shall

(a)make provision for selecting the members of a panel who are to take part in
the constitution of juvenile courts;

(b)designate the areas (each comprising one or more than one petty sessions
district) in which the several juvenile courts are to exercise jurisdiction;

(c)provide for anything which is necessary or expedient for giving due effect
to the provisions of this Act;

1. Subject to the provisions of this Schedule, a supervision order may contain
such provisions as the court, having regard to the particular circumstances of
the case, considers necessary for effecting the purpose of the order.

2. A supervision order shall cease to have effect when the person placed under
supervision attains the age of eighteen.

3.(1) A juvenile court may, upon the application of the person under
supervision, or of the person under whose supervision he is, discharge the
supervision order.

(2) Without prejudice to its power under sub-paragraph (1), where an order is
in force committing the person under supervision to the care of a fit person,
the juvenile court may discharge the supervision order on the application of
that person or, where the other order is revoked, without any application.

4.(1) Subject to sub-paragraph (2), if a juvenile court is satisfied that a
person under supervision proposes to change, or has changed, his residence to
another petty sessions district, the court may, and if an application in that
behalf is made by the person under whose supervision he is shall, by order
amend the supervision order by substituting for the petty sessions district
named therein (or, as the case may be, by inserting therein) the petty
sessions district where the person under supervision proposes to reside or is
residing.

(2) If the supervision order contains requirements which, in the opinion of
the court, cannot be complied with unless the person under supervision
continues to reside in the same petty sessions district, the court shall not
amend the order as aforesaid unless, in accordance with the following
provisions of this Schedule, it cancels those requirements or substitutes
therefor other requirements which can be so complied with.

5.(1) Subject to sub-paragraph (2), a juvenile court may, on the application
of any person, by order amend a supervision order

(a)by substituting for the supervision of a probation officer or, as the case
may be, of a person appointed for the purpose by the court supervision by such
other person as the court considers appropriate in the circumstances of the
case; or

(b)by cancelling any of the requirements of the order or by inserting therein
(either in addition to or in substitution for any such requirement) any
requirement which could be included in the order if it were then being made by
the court.

(2) A court shall not amend a supervision order under this paragraph

(a)by reducing the period of supervision specified in the order, or by
extending that period beyond the end of three years from the date of the
original order; or

(b)by inserting therein a requirement that the person under supervision shall
submit to treatment for his mental condition unless the amending order is made
within three months after the date of the original order.

6.(1) Where an application for the discharge or amendment of a
supervision order made in respect of any person is made by the person under
whose supervision he is, the applicant may, for the purpose of the
application, bring the person under supervision before the court.

(2) Where a court proposes to amend a supervision order by imposing a
requirement that the person under supervision shall reside in an institution
or submit to treatment for his mental condition the court shall summon the
person under supervision to appear before the court.

7. A supervision order may not contain any requirement as to the place of
residence of the person placed under supervision or as to treatment for his
mental condition unless he either is under the age of fourteen or consents to
the requirement.

8. The period for which a person may be required by a supervision order to
reside in an institution or to submit to treatment for his mental condition
shall not exceed twelve months.

9. A supervision order requiring the person under supervision to submit to
treatment for his mental condition shall specify one of the following as the
treatment required, that is to say

(a)treatment (whether as an in-patient or an out-patient) at such hospital as
may be specified in the order, being a hospital within the meaning of the
[Health and Personal Social Services (Northern Ireland) Order 1972 approved by
the Ministry of Health and Social Services] for the purposes of this section;
or

(b)treatment by or under the direction of a doctor specified in the order.

10. Where [the Ministry of Health and Social Services] in relation to a
hospital at which, or a doctor by whom or under whose direction, a person (in
this paragraph referred to as "the patient") is being treated for his mental
condition in pursuance of any requirement of a supervision order is of opinion

(a)that the treatment should be continued beyond the period specified in that
behalf in the order; or

(b)that the patient needs different treatment; or

(c)that the patient is not susceptible to treatment; or

(d)that the patient does not require further treatment;

11. The probation officer under whose supervision a person is to be placed
shall be selected under arrangements made by the Ministry.

12. If the probation officer so selected dies or is unable for any reason to
carry out his duties, or if any person exercising functions in relation to the
selection of probation officers for the purposes of this Schedule under
arrangements made by the Ministry thinks it desirable that another person
should take his place, another probation officer shall be selected in like
manner.

13. The court by which a supervision order is made or amended shall as soon as
reasonably practicable give or send a copy of its order

(a)to the person under supervision; and

(b)to the person under whose supervision he is placed; and

(c)where the person under supervision is required to reside in an institution,
to the person in charge of the institution; and

(d)where the person under supervision is required to reside in an institution
other than a hospital or private hospital within the meaning of the Mental
Health Act (Northern Ireland) 1961 in which he is required to reside for the
purpose of treatment as a resident patient, to the Ministry; and

(e)where the petty sessions district named in the order is not the petty
sessions district for which the court acts, to the clerk of petty sessions for
the petty sessions district named in the order;

1. An Appeal Tribunal shall consist of the following members, that is to say:

a chairman, who shall be a practising barrister-at-law of not less than seven
years' standing, appointed by the Lord Chief Justice;

a member having experience in children's welfare work appointed by
the Minister;

a member appointed by the Minister on the recommendation of the Northern
Ireland Branch of the British Medical Association.

2. An officer of a government department shall not be appointed a member of
an Appeal Tribunal.

3. Any decision of an Appeal Tribunal shall be made by the chairman after
consultation with the other members.

4. An Appeal Tribunal may give directions with respect to the practice and
procedure to be followed in any proceedings before the Tribunal and anything
incidental to or consequential on such proceedings.

5. The Ministry may nominate one of its officers to act as clerk of
an Appeal Tribunal.

6. An Appeal Tribunal may make orders as to the expenses incurred by
the Ministry and the appellant and as to the parties by whom such expenses
shall be paid; and any expenses of the Ministry which are so ordered to be
paid by the appellant shall be recoverable from him by the Ministry summarily
as a debt.

1. The Ministry may make rules for the management and discipline of
training schools.

2. No substantial addition to, or diminution or alteration of, the buildings
or grounds of a training school shall be made without the approval in writing
of the Ministry.

3. If it appears to the Ministry that the provision made in any
training school with regard to any matter relating to

(a)the premises or equipment of the school,

(b)the number or grades of the staff employed in the school, or

(c)the education, training or welfare of persons under the care of the
managers of the school,

4. A minister of the religious persuasion to which a person in a
training school belongs may visit him at the school on such days, at such
times and on such conditions as may be fixed by rules made by the Ministry,
for the purpose of affording him religious assistance and instruction.

5. If it appears to the managers of a training school that a person who has
been ordered to be sent to their school requires medical attention before he
can properly be received into the school, or that a person detained in the
school requires such attention, they may make arrangements for him to be
received into and detained in any hospital, home or other institution where he
can receive the necessary attention; and that person, while so detained, shall
for the purposes of this Act be deemed to be detained in the school.

6. At any time during the period of a person's detention in a training school
the managers of the school may grant leave to him to be absent therefrom in
the charge of such person and for such period as they think fit, but during
such period he shall, for the purposes of this Act, be deemed to be under the
care of the managers of the school, and the managers may at any time require
him to return to the school.

7. The managers of a training school may, with the consent of the Ministry and
subject to such conditions as may be prescribed, board any child or
young person detained in the school out with any suitable person for such
period or extended period as they think advisable in the interests of the
child or young person; but a child or young person so boarded out shall for
the purposes of this Act be deemed not to have ceased to be detained in the
training school, and the provisions of this Act shall apply accordingly,
subject to such modifications as may be prescribed.

8.(1) Subject to sub-paragraph (2), at any time during the period of a
person's detention in a training school the managers of the school may and, if
the Ministry so directs, shall by licence in writing permit him to live with
his parent or any trustworthy and respectable person (to be named in the
licence) who is willing to receive and take charge of him.

(2) A licence under sub-paragraph (1) shall not be granted during the first
twelve months of the period of a person's detention, except with the consent
of the Ministry.

(3) The Ministry shall through its inspectors review the progress made by
persons detained in training schools with a view to ensuring that they shall
be placed out on licence as soon as they are fit to be so placed out.

(4) The managers of a training school may at any time by order in writing
revoke any licence and require the person to whom it relates to return to the
school.

(5) For the purposes of this Act a person who is out on licence from a
training school shall be deemed to be under the care of the managers of the
school.

9.(1) If a person under the care of the managers of a training school conducts
himself well, the managers of the school may, with his written consent,
apprentice or place him in any trade, calling, or service, including service
in the Navy, Army or Air Force, or may, with his written consent and with the
written consent of the Ministry, arrange for his emigration.

(2) Before exercising their powers under this paragraph the managers shall,
where it is practicable so to do, consult with the parents of the person
concerned.

10.(1) If a person detained in a training school has attained the age of
fifteen and it appears to a justice of the peace (other than a justice who is
one of the managers of the school) on complaint on oath made by or on behalf
of the managers of the school that he is so seriously unruly or subversive
that it is necessary for maintaining the discipline of the school that he
should forthwith be removed therefrom pending inquiry as to the best means of
dealing with him, the justice may issue a warrant directing him to be removed
by a constable from the school to prison, and there detained for a period of
five weeks unless sooner dealt with according to law.

(2) The enactments relating to persons detained in training schools shall
apply in relation to any person removed from a training school in pursuance of
a warrant under sub-paragraph (1) as if he were detained in, and under the
care of the managers of, that school.

(3) As from the commencement of section 1 of the Treatment of Offenders Act
(Northern Ireland) 1968 sub-paragraph (1) shall have effect as if the
reference therein to prison were a reference to a remand centre or a
young offenders centre.

11.(1) If a person detained in a training school is guilty of serious
misconduct, the managers, if authorised by the Ministry so to do, may bring
him before a court of summary jurisdiction and that court may

(a)in any case, either make a new training school order in his case, or order
him to have the period of his detention in the school under the original
training school or other order increased 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];

Head (c) rep. by 1980 NI 10 art.4(3) sch.3

(2) An order under head (a) of sub-paragraph (1) 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 made under that head,

(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 90 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.

Sub-para.(3) rep. by 1980 NI 10 art.4(3) sch.3

(4) On the making of a new training school order under head (a) of
sub-paragraph (1), in respect of a person detained in a training school, the
order under which he was so detained shall cease to have effect; ....

(5) If the court before which a person is brought under this paragraph is not
in a position to decide what order, if any, under this paragraph should be
made in his case, the court may make such interim order as it thinks fit for
his detention or further detention in another training school or in a
remand home, or in a young offenders centre or a remand centre.

(6) Unless extended under sub-paragraph (7), an interim order under
sub-paragraph (5) shall not remain in force beyond the date of expiry of a
period of five weeks.

(7) An interim order under sub-paragraph (5) may from time to time be varied
or extended by the court which made it or by any other court of summary
jurisdiction acting for the same petty sessions district; but a person shall
not be detained by virtue of an interim order (whether in the same institution
or in different institutions) for a period exceeding ten weeks in all.

(8) Where a court having power under sub-paragraph (7) to vary or extend an
interim order made under sub-paragraph (5) in the case of any person is
satisfied on any occasion that, by reason of illness or accident, that person
is unable to appear personally before the court, the court may exercise the
said power on that occasion in his absence.

(9) Subject to the provisions of this paragraph, the provisions of the
Magistrates' Courts Act (Northern Ireland) 1964 and of any other enactment
relating to summary proceedings (other than provisions relating to remand)
shall apply in relation to proceedings for an order under this paragraph as
they apply in relation to proceedings against a person charged with a summary
offence.

Sub-para.(10) rep. by 1980 NI 10 art.4(3) sch.3

12.(1) The Minister may at any time order a person under the care of the
managers of a training school to be discharged ....

(2) Upon a person being so discharged ... as aforesaid or removed under
paragraph 11(1)(b) ... to ... a young offenders centre the Ministry shall
cause notice to be sent to the local authority liable to make contributions in
respect of him.

Sub-para.(3) rep. by 1973 c.53 s.31 sch.5

13. Where a person detained in a training school is transferred to the care of
the managers of another school, he shall be conveyed to his new school by and
at the expense of the managers of the first-mentioned school.

14.(1) Subject as hereinafter provided, all rights and powers exercisable by
law by a parent shall as respects any person under the care of the managers of
a training school be vested in them, so however that, where a person out under
supervision from a training school is lawfully living with his parents or
either of them, the said rights and powers shall be exercisable by the parents
or, as the case may be, by the parent with whom he is living; but it shall be
the duty of any such parent so to exercise those rights and powers as to
assist the managers to exercise control over him.

(2) The managers of a training school shall be under an obligation to provide
for the clothing, maintenance and education of the persons under their care,
except that while such a person is out under supervision or on licence their
obligation shall be to cause him to be visited, advised and befriended and to
give him assistance (including, if they think fit, financial assistance) in
maintaining himself and finding suitable employment.

15. Every person who

(a)is authorised by the managers of a training school to take charge of a
person under their care, or to apprehend such a person and bring him back to
the school; or

(b)is authorised by ... [the Ministry of Home Affairs] or, being a probation
officer, is authorised by a court, to take to a training school a person
ordered to be detained therein;

16.(1) The managers of any training school may, as part of the expenses of the
management of the school, pay, or contribute towards the payment of a
superannuation allowance or gratuity

(a)to any officer who retires by reason of old age or permanent infirmity of
mind or body;

(b)to any officer, who, in accordance with the terms of his appointment, is
required to vacate his office by reason of the death, or the retirement on
account of old age or permanent infirmity, of another officer;

(c)to any dependant of an officer who has died in the service of the school.

(2) No payment or contribution in respect of any such superannuation allowance
or gratuity shall be made unless it is made in accordance with rules approved
by the Ministry with the concurrence of the Ministry of Finance for regulating
the grant of such allowances and gratuities, or unless it is specially
sanctioned by the Ministry.

1. Where a period of time specified in a provision of the Act of 1950 is
current at the commencement of any corresponding provision of this Act,
this Act shall have effect as if that corresponding provision had been in
force when that period began to run.

2. Any reference in any provision of this Act to any order or interim order of
court made, or any offence committed or any thing done under that or any other
provision of this Act shall be deemed to include a reference to any such
order, offence or thing made, committed or done under any corresponding
provision of the Act of 1950.

3. The power to revoke or vary a licence under section 25 of the Act of 1950
granted before the coming into operation of section 43 shall be exercisable by
the local education authority in whose area the place where the person to whom
the licence relates is to be trained in accordance with the licence is
situated, or if more than one such place is specified in the licence, the
local education authority for the area where the place first so specified is
situated.

4. Nothing in this Act shall affect the operation of section 65 of the Act of
1950 in relation to an application made thereunder before the repeal of that
section.

5.(1) Any supervision order made under the Act of 1950 which is amended after
the commencement of section 81 shall name the petty sessions district in which
the person placed under supervision resides or will reside.

(2) Any powers exercisable by a juvenile court in relation to a
supervision order made before and not amended after the commencement of
section 81 shall be exercisable by a juvenile court acting for the petty
sessions district in which the person placed under supervision resides.

(3) Subsection (2) of section 81 and Schedule 3 shall have effect with regard
to supervision orders made before, as well as after, the date of the
commencement of that section; and in relation to any such order made before,
but not amended after, that date the reference in the said subsection (2) to
the petty sessions district for the time being named in the order shall be
construed as a reference to the petty sessions district in which the person
placed under supervision resides.

6. Any appeal which, if this Act had not been passed, could have been brought
to a tribunal constituted under section 100 of and Schedule 3 to the Act of
1950 may be brought to a tribunal constituted under section 128 and
Schedule 4.

7. Subsections (2) to (5) of section 139 of the Act of 1950 shall have effect
for the purposes of this Act as if re-enacted herein, and as if any reference
in those subsections to the Act of 1950 included a reference to this Act.

Schedule 7Amendments. Schedule 8Repeals

© 1968 Crown Copyright

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