Statutory Instruments 1998 No. 1504 (N.I. 9) The Criminal Justice (Children) (Northern Ireland) Order 1998 - continued |
1. In this Order "sexual offence" means the commonlawoffence of rape or an offence under any of the following provisions -
(b) sections 2 to 8, 11 and 13 of the Criminal Law Amendment Act 1885; (c) section 1 of the Vagrancy Act 1898; (d) sections 1 and 2 of the Punishment of Incest Act 1908; (e) section 7(4) of the Criminal Law Amendment Act 1912; (f) section 2 of the Attempted Rape, etc. Act (Northern Ireland) 1960; (g) sections 21 and 22 of the Children and Young Persons Act (Northern Ireland) 1968; (h) Article 3 of the Protection of Children (Northern Ireland) Order 1978; (i) Article 9 of the Criminal Justice (Northern Ireland) Order 1980; (j) Articles 7 and 8 of the Homosexual Offences (Northern Ireland) Order 1982; (k) Articles 122 and 123 of the Mental Health (Northern Ireland) Order 1986.
2.
In this Order "violent offence" means an offence which leads or is intended or likely to lead to a person's death or to physical injury to a person, and includes an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 or an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition). 1. - (1) A juvenile justice centre order or any other order under which a person is to be detained in a juvenile justice centre shall be authority for his detention in any juvenile justice centre and the juvenile justice centre in which that person is to be detained at any time shall be determined by the Secretary of State. (2) Sub-paragraph (1) applies to an order under Article 13 but sub-paragraph (3) does not apply to a person detained under an order under that Article. (3) The Secretary of State may at any time order a person detained by the managers of a juvenile justice centre to be discharged. (4) Where a person detained in a juvenile justice centre is transferred to another centre, he shall be taken to his new centre by and at the expense of the managers of the first-mentioned centre. 2. A minister of the religious persuasion to which a person in a juvenile justice centre belongs may visit him at the centre for the purpose of affording him religious assistance and instruction. 3. If it appears to the managers of a juvenile justice centre -
(b) that a person detained in the centre requires such attention,
they may make arrangements for him to be received into and detained in any hospital or other institution where he can receive the necessary attention; and that person, while so detained, shall for the purposes of this Order be deemed to be detained in the juvenile justice centre.
(b) Article 54 (escapes) shall have effect as if references to a juvenile justice centre were references to a young offenders centre and references to the order referred to in paragraph (1) were references to the order under which he was detained in a juvenile justice centre as it has effect by virtue of this paragraph; (c) the references in Articles 40(2)(a), 49 and 54(1) to the managers of the juvenile justice centre shall be construed as references to the governor of the young offenders centre.
(4) The Secretary of State may at any time order a person who is transferred to a young offenders centre under this paragraph to be discharged.
(b) is authorised by the Secretary of State or, being a probation officer, is authorised by a court, to take to a juvenile justice centre a person ordered to be detained there;
shall, for the purposes of this duty, have all the powers, protection and privileges of a constable. 1. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule. 2. References to the council or the Department shall be construed as references to the Secretary of State. 3. Paragraph 1 shall be omitted. 4. In paragraph 2 -
(b) in sub-paragraph (c) for the words "as may be prescribed" there shall be substituted the words "as the Secretary of State thinks fit".
5.
In paragraph 3 -
(b) in sub-paragraph (1)(ii) for the word "refuse" there shall be substituted the words "decide not"; (c) in sub-paragraph (2) for the words "making or refusing" there shall be substituted the words "deciding whether to make".
6.
In paragraph 4 the words from "and may provide" to the end of the paragraph shall be omitted.
(b) in sub-paragraph (1)(b) for the two references to the said Act of 1972 there shall be substituted references to this Order; (c) in sub-paragraph (1)(d) the words "in the prescribed form" shall be omitted; (d) in sub-paragraph (2) for the words "as may be prescribed" there shall be substituted the words "as the Secretary of State thinks fit".
8.
In paragraph 6(2) for the words "fund out of which the expenses of the council in acquiring the land are to be defrayed" there shall be substituted the words "Consolidated Fund of the United Kingdom" and for the words "out of the compensation fund" there shall be substituted the words "made by the Secretary of State".
(b) in sub-paragraph (2) for the words from "clerk" to "directs," there shall be substituted the words "Secretary of State as correct, and publish".
11.
In paragraph 14(1) the words "in the prescribed form," shall be omitted.
(b) after that sub-paragraph there shall be added the following sub-paragraph -
14.
Paragraph 19 shall be omitted. 1. Each of Articles 35, 36, 37, 39, 44, 45, 47 and 48 shall apply in relation to offenders convicted (but not sentenced) before the commencement of that Article as it applies to offenders convicted afterwards. 2. Any training school which at the commencement of this paragraph is approved or provided under the Act of 1968 shall be deemed to be a juvenile justice centre provided under Article 51. 3. Where at the commencement of this paragraph there is in force in relation to any person any of the following orders under the Act of 1968 -
(b) a training school order; or (c) an order committing a person to the care of a fit person,
the repeal by this Order of any provision of the Act of 1968 or of any other statutory provision shall not have effect in relation to that order. |
© Crown copyright 1998 | Prepared 15 July 1998 |