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14.10 Youth Justice Legal Framework


Contents

Children and Young Persons Act 2001, Part 8, Proceedings Involving Children and Young Persons
Proceedings Involving Children and Young Persons
  69. General Considerations
  70. Age of Criminal Responsibility
  71. Separation of Children and Young Persons from Adults in Courts etc.
  72. Bail or Detention of Children and Young Persons Arrested
  73. Detention of Child or Young Person
  74. Children in Court During Trials
  75. Clearing Court while Child or Young Person is Giving Evidence
  76. Remand or Committal of Child or Young Person
  77. Evidence by Minors
  78. Admissibility of Hearsay Evidence
  79. Powers in Relation to Certain Offences
  80. Identification of Child or Young Person in Media
  81. Findings of Guilt etc.
  82. Power to Impose Penalty etc. On Parent of Child or Young Person
Supervision Orders in Criminal Proceedings
  83. Power to Make Supervision Order in Criminal Proceedings


Children and Young Persons Act 2001, Part 8, Proceedings Involving Children and Young Persons

Proceedings Involving Children and Young Persons

69. General Considerations

Every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person.

70. Age of Criminal Responsibility

  1. It shall be conclusively presumed that no child under the age of 10 years can be guilty of an offence;
  2. It shall not be presumed that a child aged 10 or over is incapable of committing an offence.

71. Separation of Children and Young Persons from Adults in Courts etc.

  1. This section applies to a child or young person while he is:
    1. Detained in a police station; or
    2. Being conveyed to or from any criminal court; or
    3. Waiting before or after attendance in any criminal court.
  2. Arrangements shall be made for:
    1. Preventing such a child or young person from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged; and
    2. Ensuring that, if the child or young person is a girl, she is under the care of a woman.

72. Bail or Detention of Children and Young Persons Arrested

  1. This section applies to a person apparently under the age of 17 years who:
    1. Is apprehended, with or without warrant; and
    2. Cannot be brought forthwith before a court of summary jurisdiction.
  2. The appropriate officer shall inquire into the case of a person to whom this section applies, and may release him on a recognizance being entered into by him or his parent or guardian (with or without sureties), for such an amount as will, in the opinion of the officer, secure his attendance upon the hearing of the charge;
  3. The appropriate officer shall so release such a person unless:
    1. The charge is one of homicide or other grave crime; or
    2. It is necessary in his interest to remove him from association with any reputed criminal or prostitute; or
    3. The officer has reason to believe that his release would defeat the ends of justice.
  4. Where a person to whom this section applies is released under this section on his parent or guardian entering into a recognizance to secure his attendance upon the hearing of a charge, the recognizance may be conditioned for the attendance at the hearing of the parent or guardian as well as the person charged;
  5. Where a person to whom this section applies is not so released as mentioned in subsection (2), the appropriate officer shall cause him to be detained until he can be brought before a court of summary jurisdiction;
  6. In this section:
    1. "the appropriate officer" means the officer in charge of the police station to which the child or young person in question is brought;
    2. "guardian", in relation to a child or young person, includes any individual who appears to have for the time being the actual care of him.

73. Detention of Child or Young Person

  1. Where a child or young person is in police detention such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare;
  2. If it is practicable to ascertain the identity of a person responsible for the welfare of a child or young person, that person shall be informed, unless it is not practicable to do so:
    1. That the child or young person has been arrested;
    2. Why he has been arrested;
    3. Where he is being detained; and
    4. Where the intimate search of a juvenile has been authorised under section 58(1) of the Police Powers and Procedures Act 1998:
      1. That an intimate search has been so authorised;
      2. Where the intimate search will be carried out;
      3. That the juvenile has the right to consult an advocate;
      4. That the person has a right to be present when the search is carried out; and
      5. That if it is not practicable for the person to be present when the search is carried out, or if he refuses to attend, an application may be made to the High Bailiff for authority to carry out the search in the absence of that person.
  3. Where information falls to be given under subsection (2), it shall be given as soon as it is practicable to do so;
  4. For the purposes of this section the persons who may be responsible for the welfare of a child or young person are:
    1. His parent or guardian;
    2. Any other person who has for the time being assumed responsibility for his welfare;
    3. Where the child or young person is being looked after by the Department, the Department.
  5. If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (2) that person shall be given it as soon as it is practicable to do so;
  6. If it appears that at the time of his arrest a supervision order under any provision of this Act is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (2) as soon as it is reasonably practicable to do so;
  7. The rights conferred on a child or young person by subsections (2) to (6) are in addition to his rights under section 59 of the Police Powers and Procedures Act 1998;
  8. In this section "police detention" has the meaning given by section 81(2) of the Police Powers and Procedures Act 1998, but also includes detention under the terrorism provisions (as defined in section 69 of that Act); and in subsection (2) "arrest" includes such detention.

74. Children in Court During Trials

  1. No child (other than an infant in arms) shall be permitted to be present in court during:
    1. The trial of any other person charged with an offence; or
    2. During any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice.
  2. Where any child is present in court when he is not to be permitted to be so under subsection (1), he shall be ordered to be removed.

75. Clearing Court while Child or Young Person is Giving Evidence

  1. Where a person who appears to the court to be a child or young person is called as a witness, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, the court may direct that any person be excluded from the court during the taking of the evidence of that witness;
  2. Subsection (1) does not authorise the exclusion of:
    1. Members or officers of the court;
    2. Parties to the case or their advocates;
    3. Persons otherwise directly concerned in the case; or
    4. Bona fide representatives of a newspaper or news agency.
  3. The powers conferred on a court by this section are in addition and without prejudice to any other powers of the court to hear proceedings in camera.

76. Remand or Committal of Child or Young Person

  1. Subject to subsection (3), where a court has power or would, apart from subsection (2) or (3), have power:
    1. To remand a child or young person on bail or in custody; or
    2. To commit him to custody for trial or sentence.
    it may instead, after consultation with the Department, remand him to accommodation provided by the Department;
  1. A court may not remand a child or young person in custody unless:
    1. He is charged with homicide; or
    2. It is of opinion that only his detention in custody would be adequate to protect members of the public from death or serious personal injury occasioned by offences committed by him.
  2. A court, on remanding or committing for trial a child or young person, shall release him on bail unless:
    1. Either of the conditions in subsection (2) is fulfilled; or
    2. It is of the opinion that either:
      1. He will suffer, or be likely to suffer, significant harm, or
      2. The public will not be adequately protected from harm from him.
    If he is remanded to accommodation provided by the Department;
  1. Where a person is remanded to accommodation provided by the Department, it shall be lawful for any person acting on behalf of the Department to detain him;
  2. The Department shall make regulations as to:
    1. The exercise of the powers conferred by subsection 4;
    2. The periodical review of any detention pursuant to that subsection; and
    3. The making of reports to the court concerning any such detention and any such review.
  3. Subject to subsection (7), a court remanding a young person to accommodation provided by the Department may, after consultation with the Department, impose on the Department a requirement that the person in question be placed and kept in secure accommodation (a "security requirement");
  4. A court may not impose a security requirement in respect of a young person unless:
    1. He is charged with or has been found guilty of a violent or sexual offence, or an offence punishable in the case of an adult with custody for a term of 10 years or more; or
    2. He has a recent history of absconding while being looked after by the Department, and is charged with or has been found guilty of an offence alleged or found to have been committed while he was being looked after by the Department.
  5. A court remanding a person to accommodation provided by the Department without imposing a security requirement may, with the consent of the Department, require that person to comply with any such conditions as could be imposed if he were then being granted bail;
  6. Where a court states that it is of the opinion specified in subsection (2)(b), (3)(b) or (7) with respect to a person, or imposes on a person any such conditions as are mentioned in subsection (8), it shall explain to him in open court and in ordinary language why it is of that opinion or is imposing those conditions; and a court of summary jurisdiction shall cause a reason stated by it under this subsection to be entered in the order book;
  7. Where a person is remanded to accommodation provided by the Department, a court of summary jurisdiction may, on the application of the Department, impose on that person any such conditions as could be imposed under subsection (8) if the court were then remanding him to such accommodation;
  8. Where a person is remanded to accommodation provided by the Department, a court of summary jurisdiction may, on the application of the Department or that person, vary or revoke any conditions or requirements imposed under this section;
  9. The functions of a court of summary jurisdiction under this section may be exercised by a single justice of the peace;
  10. Any reference in this section to consultation with the Department is to such consultation (if any) as is reasonably practicable in all the circumstances of the case;
  11. In this section “violent or sexual offence” means:
    1. An offence which leads, or is intended or likely to lead, to person's death or to physical injury to a person, or an offence which is required to be charged as arson; or
    2. An offence under the Sexual Offences Act 1992 (except sections 25 to 31).

77. Evidence by Minors

  1. A child's evidence in criminal proceedings shall be given unsworn;
  2. A deposition of a child's unsworn evidence may be taken for the purposes of criminal proceedings as if that evidence had been given on oath;
  3. Unsworn evidence admitted under this section may corroborate evidence (sworn or unsworn) given by another person;
  4. A child's evidence shall be received unless it appears to the court that the child is incapable of giving intelligible testimony;
  5. The power of a court in any criminal proceedings to determine that a particular person is not competent to give evidence applies to children of tender years as it applies to other persons;
  6. Where a minor is called as a witness in any civil proceedings and does not, in the opinion of the court, understand the nature of an oath, his evidence may be heard by the court if, in its opinion:
    1. he understands that it is his duty to speak the truth; and
    2. he has sufficient understanding to justify his evidence being heard.
  7. If a minor giving evidence unsworn intentionally gives false evidence in circumstances in which he would, if it had been given on oath, have been guilty of perjury, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500; and the court by which he is convicted may exercise in relation to him any of the powers referred to in section 19(3)(b) of the Summary Jurisdiction Act 1989.

78. Admissibility of Hearsay Evidence

  1. In any of the following proceedings:
    1. Any civil proceedings before the High Court;
    2. Family proceedings before a court of summary jurisdiction, evidence given in connection with the upbringing, maintenance or welfare of a minor shall be admissible notwithstanding any rule of law relating to hearsay.

79. Powers in Relation to Certain Offences

  1. Where, in any proceedings relating to any offence mentioned in Schedule 8, the court is satisfied that the attendance before it of any child or young person in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, it may proceed with and determine the case in the absence of the child or young person;
  2. Where a justice of the peace is satisfied by the evidence of a duly qualified medical practitioner that the attendance before a court of any child or young person in respect of whom any offence mentioned in Schedule 8 is alleged to have been committed would involve serious danger to his life or health, the justice:
    1. May in accordance with rules of court take in writing the deposition of the child or young person (on oath, in the case of a young person);
    2. Shall thereupon sign the deposition and add to it a statement of:
      1. His reason for taking it;
      2. The time when and place where it was taken; and
      3. The names of the persons (if any) present when it was taken; and
    3. Shall transmit the deposition with his statement to the Chief Registrar.
  3. Where, in any proceedings in respect of an offence mentioned in Schedule 8:
    1. The court is satisfied by the evidence of a duly qualified medical practitioner that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health; and
    2. Any deposition of the child or young person tendered in evidence appears to have been taken in accordance with rules of court and purports to be signed by the justice by or before whom it purports to have been taken.
    Then, subject to subsection (4), the deposition shall be admissible in evidence either for or against the accused person without further proof thereof.
  1. A deposition shall not be admissible in evidence against the accused person by virtue of subsection (3) unless it is proved:
    1. That reasonable notice of the intention to take the deposition has been served upon him; and
    2. That he or his advocate had, or might have had if he had chosen to be present, an opportunity of cross-examining the child or young person making the deposition.

80. Identification of Child or Young Person in Media

  1. Subject to subsection (3), no written report of any proceedings in any court shall be published in the Island, and no report of any such proceedings shall be included in a relevant programme for reception in the Island, which:
    1. Reveals the name, address or school; or
    2. Includes any particulars calculated to lead to the identification, of any child or young person concerned in those proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein.
  2. Subject to subsection (3), no picture shall be published in any newspaper or periodical or included in a relevant programme as being or including a picture of any child or young person so concerned in any such proceedings;
  3. Subject to subsection (4), a court may in any case by order dispense with the requirements of subsection (1) or (2) to such extent as may be specified in the order;
  4. A juvenile court shall not exercise the power conferred by subsection (3) unless it is satisfied that it is in the interests of justice to do so;
  5. If a report or picture is published or included in a relevant programme in contravention of this section, each of the following persons:
    1. In the case of a publication of a written report as part of, or of a picture in, a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
    2. In the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who published it;
    3. In the case of the inclusion of a report or picture in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
    Is guilty of an offence and liable on summary conviction to a fine not exceeding £2,000;
  1. Proceedings for an offence under this section shall not be instituted otherwise than by or with the consent of the Attorney General;
  2. In this section "'relevant programme" means a programme included in a programme service (within the meaning of Part 1 of the Broadcasting Act 1993).

81. Findings of Guilt etc.

  1. The words 'conviction' and 'sentence' shall not be used in relation to children and young persons dealt with summarily;
  2. Any reference in any enactment (whenever passed) to a person convicted, a conviction or a sentence shall, in the case of a child or young person, be construed as including a reference to a person found guilty of an offence, a finding of guilty or an order made upon such a finding, as the case may be;
  3. No conviction or finding of guilty of a child or young person shall be regarded as a conviction of felony for the purposes of any disqualification attaching to felony;
  4. In any proceedings for an offence committed or alleged to have been committed by a person of or over the age of 21:
    1. Any offence of which he was found guilty while under the age of 14 shall be disregarded for the purposes of any evidence relating to his previous convictions; and
    2. He shall not be asked, and if asked shall not be required to answer, any question relating to such an offence, although the question would otherwise be admissible under section 1 of the Criminal Evidence Act 1946.

82. Power to Impose Penalty etc. On Parent of Child or Young Person

  1. Subject to subsection (2), where:
    1. A child or young person is convicted or found guilty of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made under Part I of Schedule 6 to the Criminal Law Act 1981; and
    2. The court is of opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment.
    The court shall order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself;
  1. The court shall not make an order under subsection (1) if it is satisfied:
    1. That the parent or guardian cannot be found; or
    2. That it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
  2. Where a child or young person is convicted or found guilty of any offence, the court by which sentence is imposed on him or any order is made against him in respect of that offence may order his parent or guardian to give security for his good behaviour;
  3. An order under this section may not be made against a parent or guardian unless:
    1. He has been required to attend but has failed to do so; or
    2. He has been given an opportunity of being heard.
  4. Where an order is made against a parent or guardian under this section:
    1. He may appeal against it; and
    2. Any sums ordered to be paid by him under subsection (1), or payable by him on forfeiture of any security under subsection (3), may be recovered from him.
    As if the order had been made on his conviction of the offence with which the child or young person was found guilty;
  1. In this section "guardian", in relation to a child or young person, includes any individual who in the court's opinion has the actual care of him.


Supervision Orders in Criminal Proceedings

83. Power to Make Supervision Order in Criminal Proceedings

  1. Subject to section 8 of the Custody Act 1995 (detention during Her Majesty's pleasure), where a child or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted may make a supervision order in respect of him, that is, an order placing him under the supervision of:
    1. The Department;
    2. An officer of the Department designated for the purpose by the Department; or
    3. If the Department consents in the particular case, a probation officer.
  2. If a court makes a supervision order under this section while another such order, or a care order or a supervision order under section 31, made by any court is in force in respect of the child or young person, it may also revoke the earlier order;
  3. Schedule 9 has effect with respect to supervision orders under subsection (1).

End