CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 94

1964 c.21

94.(1) Any constable or authorised person having reasonable grounds for
believing that a child or young person is in need of care, protection or
control may, after consultation with [the Ministry of Home Affairs] ..., by
complaint made under Part IX of the Magistrates' Courts Act (Northern Ireland)
1964 bring him before a juvenile court; and it shall be the duty of [the
Ministry] to bring before a juvenile court any child or young person ... who
appears to them to be in need of care, protection or control unless they are
satisfied that the taking of proceedings is undesirable in his interests, or
that proceedings are about to be taken by some other person.

(2) For the purposes of subsection (1), if [the Ministry of Home Affairs]
receive information suggesting that any child or young person may be in need
of care, protection or control it shall be the duty of [the Ministry] to cause
inquiries to be made into the case unless they are satisfied that such
inquiries are unnecessary.

(3) No child or young person shall be brought before a juvenile court by his
parent or guardian on the ground that he is unable to control him; but where
the parent or guardian is of the opinion that the child or young person is
beyond his control he may make representations to [the Ministry of Home
Affairs] ... to that effect, and [the Ministry] shall take those
representations into account in considering whether the child or young person
is, or whether there are reasonable grounds for believing him to be, in need
of care, protection or control.

(4) If, following any representations made by a parent or guardian with
respect to a child or young person as mentioned in subsection (3), [the
Ministry of Home Affairs] do not bring the child or young person before a
juvenile court under subsection (1), the parent or guardian may by notice
request them to do so, and if [the Ministry] refuse to comply with the request
or fail to comply with it within twenty-eight days from the date on which the
notice is served on them, the parent or guardian may apply by notice of appeal
under Part VIII of the Magistrates' Courts Act (Northern Ireland) 1964 to a
juvenile court for an order directing them to do so; and where such a notice
of appeal is given

(a)[the Ministry] shall make available to the court such information as to the
home surroundings, school record, health and character of the child or
young person as appears to them likely to assist the court and shall for that
purpose make such investigations as may be necessary;

(b)on the hearing of the appeal the child or young person shall not be present
in court.

(5) A person of or over the age of sixteen who is or has been married shall
not be brought before a juvenile court under this section.

(6) For the purposes of this section and section 95, the expression
"authorised person" means any officer of a society which is authorised by
general or special order of the Ministry to institute proceedings under this
section, and any person who is himself so authorised.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/caypai1968438/s94.html

Northern Irish Legislation

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 94