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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 76

Power or duty to order parent to pay fine, etc., instead of child or young person.

76.(1) Where a child or young person is charged with any offence for the
commission of which a fine may be imposed or costs, damages or payment of
compensation may be awarded, if the court is of opinion that the case would be
best met by the imposition of a fine or by an award of costs, damages or
compensation, whether with or without any other punishment, the court

(a)may in any case, and

(b)shall if the offender is a child,

(2) In the case of a child or young person charged with any offence, the
court, either in addition to or in lieu of any other order which the court has
power to make, may order his parent or guardian to enter into a recognizance
as security for his good behaviour.

(3) An order under this section may be made against a parent or guardian who,
having been required to attend, has failed to do so, but, save as aforesaid,
no such order shall be made without giving the parent or guardian an
opportunity of being heard.

(4) Any sums ordered under this section to be paid by a parent or guardian may
be recovered from him by distress, or he may be imprisoned in default of
payment, in like manner as if the order had been made on the conviction of the
parent or guardian of the offence with which the child or young person was
charged.

(5) The Magistrates' Courts Act (Northern Ireland) 1964 shall apply in
relation to recognizances under subsection (2) as it applies in relation to
recognizances to be of good behaviour, and where such a recognizance is
ordered to be estreated, the court, instead of ordering the person bound
thereby to pay the sum in which he is bound or part of the said sum, may remit
payment thereof.

(6) A parent or guardian may appeal against an order under this section

(a)if made by a court of summary jurisdiction, to the county court; and

(b)if made by [the Crown Court, to the Court of Appeal] in accordance with
[section 9 of the Criminal Appeal (Northern Ireland) Act 1980].

(7) In this section

"compensation" means any compensation for loss under [Article 3 of the
Criminal Justice (Northern Ireland) Order 1980];

"guardian" does not include any manager of, or person employed in connection
with, a training school, as such.

© 1968 Crown Copyright

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