The Criminal Justice (Children) (Northern Ireland) Order 1998

• Citation: S.I. 1998/1504 (N.I.)
• Sections: 123

Section 1 Title and commencement

(1) This Order may be cited as the Criminal Justice (Children) (Northern Ireland) Order 1998.

(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint .

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order —

“adult” means a person who has attained the age of 18 ;

“appropriate authority” means, in relation to a child, the authority within whose area the child is ordinarily resident or, if that is not known, the authority within whose area the child is, and “authority” and “area” have the same meaning as in the Children (Northern Ireland) Order 1995;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“attendance centre” has the meaning given by Article 50(1);

“attendance centre order” means an order under Article 37(1);

“child” means a person who is under the age of 18 ;

“combination order”, “community order”, “community sentence” , “community service order” and “custodial sentence” have the same meanings as in Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;

“community responsibility order” means an order under Article 36E;

“custody officer” has the meaning assigned to it by Article 6(4);

“Director” means the Director of Public Prosecutions for Northern Ireland;

“doctor” means a fully registered medical practitioner;

“guardian” includes any person (including an authority) who has for the time being the care of a child;

“health” means physical or mental health;

“juvenile justice centre” has the meaning given by Article 51(1);

“juvenile justice centre order” means an order under Article 39(1);

“managers”, in relation to a juvenile justice centre, means the persons for the time being having the management or control of it;

“notice” means notice in writing;

“Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984 ( SR 1984 No. 225);

“parental responsibility” has the meaning assigned to it by Article 6 of the Children (Northern Ireland) Order 1995;

“place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12);

“police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32);

“probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity), or step-parent;

“remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

“reparation order” means an order under Article 36A;

“responsible officer”

in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2);

in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and

in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3);

“secure accommodation” means accommodation provided for the purpose of restricting liberty;

“sexual offence” has the meaning assigned to it by Schedule 1;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“violent offence” has the meaning assigned to it by Schedule 1.

“youth conference” has the meaning given by Article 3A, "diversionary youth conference" has the meaning given by Article 10A(2) and "court-ordered youth conference" has the meaning given by Article 33A(5);

“youth conference co-ordinator” means a person designated under Article 3A(3);

“youth conference order” has the meaning given by Article 36J(2);

“youth conference plan” has the meaning given by Article 3C.

(3) References in this Order to findings of guilt and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

(4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21.

(5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).

Section 3 Age of responsibility

It shall be conclusively presumed that no child under the age of 10 can be guilty of an offence.

Section 3A Youth conferences

(1) In this Order “youth conference”, in relation to a child and an offence, means a meeting, or series of meetings, for considering how the child ought to be dealt with for the offence.

(2) A meeting does not constitute, or form part of, a youth conference unless the following persons participate in it—

(a) a youth conference co-ordinator (as chairman);

(b) the child;

(c) a police officer; and

(d) an appropriate adult.

(3) The Secretary of State must designate persons employed in—

(a) the civil service of the United Kingdom; or

(b) the civil service of Northern Ireland,

to be youth conference co-ordinators.

(4) Except where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), “appropriate adult” means a parent or guardian of the child or, if no parent or guardian of the child is able and willing to participate in the meeting—

(a) a social worker of the appropriate authority or a legal representative of the child; or

(b) if no-one within sub-paragraph (a) is able and willing to participate in the meeting, any responsible person who has attained the age of 18 and is neither a police officer nor a member of the police support staff.

(5) Where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995), “appropriate adult” means a social worker of the authority.

(6) The following persons are entitled to participate in any meeting constituting, or forming part of, a youth conference—

(a) the victim of the offence or, if the victim is not an individual, an individual representing the victim;

(b) a legal representative of the child acting as his adviser; and

(c) if a community order or youth conference order is in force in respect of the child or the child is subject to supervision under a juvenile justice centre order or custody care order, the supervising officer.

(7) The supervising officer is—

(a) in the case of a probation order, the probation officer responsible for the child's supervision under the order;

(b) in the case of a community service order, the person who is the relevant officer for the purposes of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) ;

(c) in the case of a combination order, either of the persons mentioned in sub-paragraphs (a) and (b);

(d) in the case of an attendance centre order, the officer in charge of the attendance centre specified in the order;

(e) in the case of a community responsibility order, reparation order or youth conference order, the responsible officer; or

(f) in the case of a juvenile justice centre order or custody care order, the probation officer or person designated by the Secretary of State who is supervising the child.

(8) A youth conference co-ordinator may allow other persons—

(a) to participate in any meeting constituting, or forming part of, a youth conference; or

(b) to attend any such meeting for any purpose specified by him,

if he considers that their participation, or attendance for that purpose, would be of value.

(9) Where a youth conference is convened with respect to a child and an offence, neither—

(a) the fact that it has been convened; nor

(b) anything said or done (or omitted to be said or done) in or in connection with any meeting constituting, or forming part of, the youth conference,

is admissible in any criminal proceedings as evidence that the child committed the offence.

Section 3B Youth conference rules

(1) The Secretary of State may make rules about the procedure of youth conferences.

(2) The rules may, in particular, make provision—

(a) conferring or imposing functions on youth conference co-ordinators (which may include power to exclude from a meeting constituting, or forming part of, a youth conference persons otherwise entitled to participate in it by virtue of Article 3A(6)); and

(b) about the period within which youth conferences must be completed and functions of youth conference co-ordinators must be performed.

(3) Rules under this Article are subject to negative resolution .

Section 3C Youth conference plans

(1) In this Order “youth conference plan”, in relation to a child and an offence, is a proposal made by a youth conference co-ordinator (after a youth conference convened with respect to the child and the offence has been completed) that the child be required to do one or more of the following—

(a) apologise to the victim of the offence or any person otherwise affected by it;

(b) make reparation for the offence to the victim or any such person or to the community at large;

(c) make a payment to the victim of the offence not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the child in committing the offence;

(d) submit himself to the supervision of an adult;

(e) perform unpaid work or service in or for the community;

(f) participate in activities (such as activities designed to address offending behaviour, offering education or training or assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs);

(g) submit himself to restrictions on his conduct or whereabouts (including remaining at a particular place for particular periods); and

(h) submit himself to treatment for a mental condition or for a dependency on alcohol or drugs.

(2) A youth conference plan may specify a requirement under paragraph (1)(e) only if the child has attained the age of 16.

(3) A youth conference plan may specify requirements applying only in specified circumstances.

(4) A youth conference plan must specify the period during which the child must comply with the requirements specified in it.

(5) That period must not be more than one year.

(6) A youth conference plan must specify the date on which (subject to Article 10D(2) or 36J(2)) the child must begin to comply with the requirements specified in it.

(7) The fact that a child has been subject to a youth conference plan in respect of an offence may be cited in criminal proceedings in the same circumstances as a finding that the child committed the offence may be so cited.

(8) The Secretary of State may make procedural rules about youth conference plans which may (in particular) include provision about the period within which functions of persons required to monitor compliance with youth conference plans must be performed.

(9) Rules under paragraph (8) are subject to negative resolution .

Section 5 Words not to be used in relation to children dealt with summarily

(1) The words “conviction” and “sentence” shall not be used in relation to children dealt with summarily.

(2) Any reference in any statutory provision (whenever passed or made) to a person convicted, a conviction or a sentence shall in the case of a child be construed as including a reference to a child found guilty of an offence, a finding of guilt or an order made upon such finding, as the case may be.

Section 6 Child arrested in pursuance of warrant to be released

(1) A child arrested in pursuance of a warrant shall be released if the child or his parent or guardian (with or without sureties) enters into a recognizance for such amount as the custody officer considers will secure the attendance of the child at the hearing of the charge.

(2) A recognizance entered into in pursuance of paragraph (1) may be—

(a) taken before the officer;

(b) conditioned for the attendance of the parent or guardian at the hearing in addition to the child;

(c) enforced in the same manner as a recognizance to appear before a court may be enforced under Article 138 of the Magistrates' Courts (Northern Ireland) Order 1981.

(3) Paragraph (1) shall not apply if the custody officer considers that—

(a) the child was arrested for a indictable offence; or

(b) for the protection of the public the child should not be released.

(4) In this Order “custody officer” means a member of the Royal Ulster Constabulary performing the functions of custody officer (within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989) at the police station to which the child is brought.

Section 7 Child apparently under 14 arrested without warrant for offence other than homicide to be released

(1) This Article applies where a child apparently under the age of 14 is arrested without warrant for an offence other than homicide.

(2) If the child cannot forthwith be brought before a magistrates' court, the custody officer shall inquire into the case.

(3) Subject to paragraph (5), the child shall be released if the child or his parent or guardian (with or without sureties) enters into a recognizance for such amount as the custody officer considers will secure the attendance of the child at the hearing of the charge.

(4) A recognizance entered into in pursuance of paragraph (3) may be—

(a) taken before the officer;

(b) conditioned for the attendance of the parent or guardian at the hearing in addition to the child;

(c) enforced in the same manner as a recognizance to appear before a court may be enforced under Article 138 of the Magistrates' Courts (Northern Ireland) Order 1981.

(5) Paragraph (3) shall not apply if the custody officer considers that—

(a) the child was arrested for a indictable offence; or

(b) for the protection of the public the child should not be released.

Section 8 Child not released under Article 7

(1) Where a child apparently under the age of 14—

(a) is arrested without warrant for an offence other than homicide; and

(b) is not released under Article 7,

the child shall be brought before a magistrates' court as soon as is practicable and in any case within a period of 36 hours from the time of his arrest.

(2) Paragraph (1) shall not apply if a member of the Royal Ulster Constabulary of a rank not below that of superintendent certifies to a magistrates' court within the period of 36 hours from the time of the child's arrest that by reason of illness or accident the child cannot be brought before the court.

(3) The custody officer shall ensure that the child is moved to a juvenile justice centre until the child can be brought before a magistrates' court.

(4) Paragraph (3) shall not apply if the custody officer certifies—

(a) that it is impracticable to move the child to a juvenile justice centre; or

(b) that by reason of his character or his state of health it is inadvisable to do so.

(5) A certificate made under paragraph (4) in respect of a child shall be produced to the court before which he is first brought.

(6) Where under this Article—

(a) a child is brought before a magistrates' court; or

(b) a certificate made under paragraph (2) in respect of a child is produced in a magistrates' court,

the court may remand him.

Section 9 Separation of child in police detention from adults charged with offences

(1) Arrangements shall be made for preventing a child while he is detained in a police station from associating with a person who is charged with any offence other than an offence with which the child is jointly charged.

(2) Paragraph (1) shall not apply where the person is—

(a) a parent or guardian of the child;

(b) a relative of the child; or

(c) a child.

(3) Arrangements shall be made for ensuring that so far as practicable while a child who is a girl is detained in a police station she shall be under the care of a woman.

Section 10 Duty to inform person responsible for welfare of child in police detention

(1) Where a child is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare and inform him—

(a) that the child has been arrested;

(b) why he has been arrested; and

(c) where he is being detained.

(2) Where information falls to be given under paragraph (1), it shall be given as soon as it is practicable to do so.

(3) For the purposes of this Article the persons who may be responsible for the welfare of a child are—

(a) his parent or guardian; or

(b) any other person who has for the time being assumed responsibility for his welfare.

(4) If it appears that at the time of the child's arrest a supervision order under Part V of the Children (Northern Ireland) Order 1995 or a probation order is in force in respect of him, his supervisor or probation officer shall also be informed as described in paragraph (1) as soon as it is reasonably practicable to do so.

(5) The reference to a parent or guardian in paragraph (3)(a) is, in the case of a child being looked after by an authority (within the meaning of Article 25 of the Children (Northern Ireland) Order 1995), a reference to that authority and the parent or guardian of the child.

(6) The provisions of this Article are in addition to those of Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (right to have someone informed when arrested).

(7) In paragraph (1) the reference to a child who is in police detention includes a reference to a child who has been detained under the terrorism provisions; and the references to arrest include references to such detention.

(8) In paragraph (7) “the terrorism provisions” has the meaning assigned to it by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Section 10A Diversionary youth conferences

(1) The Director may, where he considers it appropriate to do so, refer a case to a youth conference co-ordinator for him to convene a diversionary youth conference with respect to a child and an offence if—

(a) the Director has the conduct of proceedings instituted against the child in respect of the offence (whether by him or any other person); or

(b) he would (but for this Article) institute proceedings against the child in respect of the offence.

(2) A diversionary youth conference is a youth conference convened with a view to the making to the Director by a youth conference co-ordinator of one of the following recommendations—

(a) that no further action be taken against the child in respect of the offence;

(b) that proceedings against the child in respect of the offence be continued or instituted;

(c) that the child be subject to a youth conference plan in respect of the offence.

(3) The Director must not make a reference under this Article unless the child—

(a) admits to the Director that he has committed the offence; and

(b) agrees with the Director that he will participate in a diversionary youth conference with respect to the offence.

(4) The Director must not make a reference under this Article unless—

(a) he has been given notice by the Secretary of State that provision for youth conferences has been made for the area in which it appears to him that the child resides or will reside; and

(b) the notice has not been withdrawn.

(5) If the Director makes a reference under this Article, proceedings against the child in respect of the offence may not be continued or instituted—

(a) until he has received a report under Article 10C following the completion of the diversionary youth conference; or

(b) if the diversionary youth conference is terminated before completion or does not take place, until he has received a report under Article 10B(1)(b).

(6) If a recommendation under paragraph (2) is made to the Director, he must consider whether to accept or reject it.

(7) If the Director accepts a recommendation made under paragraph (2)(c), proceedings against the child in respect of the offence may not be continued or instituted unless the child has failed to comply with the requirements specified in the youth conference plan to a significant extent.

(8) In determining whether the child has failed to comply with the requirements specified in the youth conference plan to a significant extent the Director or a court must have regard to any report made by a youth conference co-ordinator under Article 10D with respect to the child and the youth conference plan.

(9) References in this Article to proceedings being continued against a child do not include adjournment of the proceedings or remanding the child on bail (or in custody).

(10) At any time after the Director makes a reference under this Article, he may require that, unless a court remands the child on bail (or in custody), it must adjourn any proceedings against the child in respect of the offence until such time (if any) as he continues the proceedings in accordance with this Article.

(11) At any time after the Director makes a reference under this Article but before such time (if any) as he continues proceedings against the child for the offence, a court may in the absence of the child—

(a) adjourn or further adjourn the proceedings; and

(b) where the child has been remanded on bail, order the child to be remanded on bail for such further period as may be deemed reasonable (in which case any recognisance requiring or conditioned for the appearance of the child before the court shall be deemed to be varied so as to require his appearance at the time and place to which he is so remanded).

Section 10B References: supplementary

(1) If a child withdraws an admission or agreement made under Article 10A(3) before the diversionary youth conference is completed—

(a) the diversionary youth conference is terminated (or, if not yet started, does not take place); and

(b) a youth conference co-ordinator must make to the Director a written report stating that the child has withdrawn such an admission or agreement (and nothing else).

(2) The fact that a child has made or withdrawn such an admission or agreement is not admissible in any criminal proceedings as evidence that he committed the offence.

(3) If proceedings against a child in respect of an offence are continued or instituted by virtue of Article 10A(7), a court dealing with the child for the offence must have regard to anything done by the child in compliance with the requirements specified in the youth conference plan.

(4) Where there is a limit on the time for instituting proceedings in respect of an offence with respect to which a reference is made under Article 10A, in calculating when that limit is reached there shall be disregarded the period—

(a) beginning with the making of the reference; and

(b) ending with the receipt by the Director of a report under paragraph (1)(b) or Article 10C or 10D in consequence of the reference or, if more than one such report is so received, with the receipt of the last of them.

(5) For the purposes of Article 10A and this Article proceedings are instituted in respect of an offence—

(a) where a summons is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 (N.I. 26), when the complaint for the offence is made under that Article;

(b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article;

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge; and

(d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.

(6) Where the application of paragraph (5) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.

Section 10C Recommendations: supplementary

(1) A youth conference co-ordinator may not make a recommendation under Article 10A(2)(c) unless—

(a) the child agrees to be subject to the youth conference plan;

(b) any person (other than the child) by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(c) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2) If a youth conference co-ordinator makes a recommendation under Article 10A(2)(b), he may also recommend anything which he could recommend to a court under paragraph (5) of Article 33A if the case had been referred by the court for him to convene a youth conference under that Article (after a finding that the child was guilty of the offence).

(3) A recommendation made to the Director by a youth conference co-ordinator under Article 10A(2) must be made in the form of a written report.

(4) If the recommendation is made under Article 10A(2)(c), the report must include details of the youth conference plan.

(5) If, after the completion of a diversionary youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 10A(2), he must make a written report of that fact to the Director.

Section 10D Plans: compliance and variation

(1) This Article applies when the Director has accepted a recommendation made under Article 10A(2)(c).

(2) The date on which the child must begin to comply with the requirements specified in the youth conference plan is the date specified in the youth conference plan under Article 3C(6) or such other date as the Director may, with the consent of the youth conference co-ordinator, determine.

(3) A youth conference co-ordinator, or other person, nominated by the Secretary of State must monitor compliance by the child with the requirements specified in the youth conference plan.

(4) If, during the period specified in the youth conference plan, the person required to monitor the child's compliance with the requirements specified in the youth conference plan considers that the child has not been complying with them, he must make a written report to the Director.

(5) The report must contain details of the respects in which he considers that the child has not been complying with the requirements.

(6) When the period specified in the youth conference plan ends, the person required to monitor the child's compliance with the requirements specified in the youth conference plan must make a written report to the Director.

(7) The report must contain—

(a) an assessment of the extent (if any) to which he considers that the child has complied with the requirements specified in the youth conference plan; and

(b) such further information as he thinks may assist in the exercise of the functions of the Director with respect to the child and the offence concerned.

(8) The person required to monitor the child's compliance with the requirements specified in the youth conference plan may, with the consent of the Director, vary the youth conference plan.

(9) But the youth conference plan may not be varied unless—

(a) the child agrees to the variation;

(b) if the variation relates to any action falling to be taken by any person (other than the child), that person agrees to the variation; and

(c) if the variation relates to any action required to be taken by the child in relation to another person, that person agrees to the variation.

(10) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions under this Article.

Section 11 Notice of charges against child

(1) Where a child is to be brought before a court in respect of an offence alleged to have been committed by him, the complainant shall as soon as reasonably practicable notify the date and the time when, and the nature of the charge on which, the child is to be brought before the court—

(a) to a probation officer ...; and

(b) to the appropriate authority.

(2) Where the probation officer receives a notification under paragraph (1), he may require the appropriate authority to make such investigations and make available to him such information as appears to him to be likely to assist the court.

Section 12 Release on bail

(1) Where a court remands or commits for trial a child charged with an offence, it shall release him on bail unless—

(a) the court considers that to protect the public it is necessary to remand him in custody; and

(b) paragraph (2) or (3) applies.

(2) This paragraph applies where the offence charged—

(a) is a violent or sexual offence; or

(b) is one where in the case of an adult similarly charged he would be liable on conviction on indictment to imprisonment for 14 years or more.

(3) This paragraph applies—

(a) where the offence charged is an indictable offence; and

(b) the child either—

(i) was on bail on any date on which he is alleged to have committed the offence; or

(ii) has been found guilty of an indictable offence within the period of two years ending on the date on which he is charged with the offence mentioned in sub-paragraph (a).

(4) This Article is subject to section 67 of the Terrorism Act 2000 .

Section 13 Remand in custody

(1) Where the court decides not to release a child as mentioned in Article 12(1), it shall give reasons for doing so in open court and—

(a) if the child has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and

(b) if the child has attained the age of 17, shall (subject to paragraphs (1B) and (1BB) ) make an order committing him to a young offenders centre).

(1A) In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person.

(1B) In the case of a child—

(a) who has attained the age of 17 but who, at the time of the court's first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and

(b) who has not had a custodial sentence imposed on him within the last two years,

the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order.

(1BB) In the case of a child who has attained the age of 17, the court shall make an order committing the child to a juvenile justice centre (and not to a young offenders centre) if the court has been notified by the Secretary of State that no suitable accommodation for that child is available in a young offenders centre.

(1C) An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court.

(2) Where a court remands a child for a further period such that the total period for which he is remanded in custody will exceed three months, the court shall give reasons for doing so in open court.

Section 14 Power to enforce attendance of child

(1) Without prejudice to any other powers conferred by or under any statutory provision (including this Order), any justice of the peace may require by summons any parent or guardian of a child in relation to whom any proceedings are pending to produce the child before a court of summary jurisdiction.

(2) Any person who fails without reasonable excuse to comply with a summons under paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Where failure to comply with a summons under paragraph (1) is repeated or continued after conviction, that person shall be guilty of an offence and shall be liable to a further fine not exceeding one-fifth of level 2 on the standard scale for every day subsequent to the day on which he is first convicted of an offence under this Article during which the failure is so repeated or continued.

Section 15 Attendance of parent or guardian

Where a child is brought before a court in any proceedings against him or for any other reason—

(a) his parent or guardian may be required to attend the court before which the case is heard or determined during all the stages of the proceedings; and

(b) his parent or guardian shall be so required at any stage where the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.

Section 16 Separation of child from adults charged with offences

(1) Arrangements shall be made for preventing a child while he is waiting before or after attendance in any criminal court or while being taken to or from any criminal court, from associating with a person who is charged with any offence other than an offence with which the child is jointly charged.

(2) Paragraph (1) shall not apply where the person is—

(a) a parent or guardian of the child;

(b) a relative of the child; or

(c) a child.

(3) Arrangements shall be made for ensuring that so far as practicable while a child who is a girl is waiting before or after attendance in any criminal court or while she is being taken to or from any criminal court, she shall be under the care of a woman.

Section 17 Summary trial of indictable offences

(1) Where a child is charged with any indictable offence other than homicide and—

(a) a court of summary jurisdiction before which he is so charged thinks it expedient to deal with the case summarily;

(b) the parent or guardian of a child under the age of 14 or in any other case, the child so charged, is informed by the court of his right to have the case tried by a jury and consents to the case being dealt with summarily; and

(c) the prosecution consents,

the court may deal summarily with the offence.

(2) The court may on a finding of guilt—

(a) make any order which might have been made if the case had been tried on indictment; or

(b) impose a fine of such amount as the court may, subject to Article 34, think fit.

(3) Where the court is satisfied that it is expedient to deal with the case summarily, it shall cause the charge to be read—

(a) in the case of a child under the age of 14, to the parent or guardian (unless paragraph (5) applies); or

(b) in the case of any other child, to the child, and

shall then address to him a question to the following effect: “Do you wish the case to be tried by a jury or do you consent to the case being dealt with summarily?”.

(4) The court shall explain in ordinary language to the person to whom the question is addressed the meaning of the case being dealt with summarily and the explanation shall include a statement as to the Crown Court at which the case may be tried.

(5) Where the parent or guardian of a child under the age of 14 is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court may—

(a) if it thinks it just to do so, remand the child for the purpose of causing notice to be served on the parent or guardian, with a view, so far as is practicable, of securing his attendance at the hearing of the charge; or

(b) if it thinks it expedient to do so, deal with the case summarily without the consent of the parent or guardian.

(6) Every finding of guilt or dismissal under this Article—

(a) of a child under the age of 14 shall contain a statement as to the consent or otherwise of his parent or guardian;

(b) of any other child shall contain a statement of his consent,

to his being tried summarily.

(7) The provisions of Article 19(1)(b), paragraphs (1), (2), (3) and (5) of Article 46 of, and paragraph 4 of Schedule 5 to, the Magistrates' Courts (Northern Ireland) Order 1981 and so much of the procedure for dealing summarily with an indictable offence under Article 45 of that Order as magistrates' courts rules make applicable, shall apply in relation to offences authorised to be dealt with or dealt with under this Article in like manner as they apply to offences authorised to be dealt with or dealt with under Article 45 of that Order.

(8) Any reference in this Article to a court of summary jurisdiction shall include a reference to a resident magistrate sitting out of petty sessions under Article 18(2) of the Magistrates' Courts (Northern Ireland) Order 1981.

Section 18 Exclusion of child from court during the trial of other persons

(1) A court shall not permit—

(a) a child under the age of 14 (other than a baby); and

(b) a child who has attained that age in any proceedings in relation to any conduct of an indecent or immoral nature, where the court so directs,

to be present in court during the trial of any other person charged with an offence, or during any preliminary proceedings, except during such time as his presence is required as a witness or otherwise for the purposes of justice.

(2) Any child under the age of 14 present in court when under this Article he is not permitted to be so, and any child who has attained that age and who is so present while any such direction is in force, shall be ordered to be removed from the court.

Section 19 Form of oath for use in youth court and by children in other courts

(1) Subject to paragraphs (2) and (3), in relation to any oath administered to and taken by any person before a youth court or administered to and taken by any child before any other court, section 1 of the Oaths Act 1978 shall have effect as if the words “I promise before Almighty God” were set out in it instead of the words “I swear by Almighty God that”.

(2) Where, in any oath otherwise duly administered and taken, either of the forms mentioned in this Article is used instead of the other, the oath shall nevertheless be deemed to have been duly administered and taken.

(3) This Article shall not apply in proceedings to which Article 169 of the Children (Northern Ireland) Order 1995 applies (civil proceedings).

Section 20 Evidence given unsworn by child

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 21 Power to clear court while child is giving evidence in certain cases

(1) Where, in any criminal proceedings the court considers that the evidence of a child is likely to involve matter of an indecent or immoral nature, the court shall direct that during the taking of the evidence of that child all persons, not being members or officers of the court or parties to the case, their counsel or solicitors, or persons otherwise directly concerned in the case, be excluded from the court.

(2) Paragraph (1) is without prejudice to any power of the court to hear proceedings in private or to exclude a witness until his evidence is required.

Section 22 Restrictions on reporting proceedings

(1) Where a child is concerned in any criminal proceedings (other than proceedings to which paragraph (2) applies) the court may direct that—

(a) no report shall be published which reveals the name, address or school of the child or includes any particulars likely to lead to the identification of the child; and

(b) no picture shall be published as being or including a picture of the child,

except in so far (if at all) as may be permitted by the direction of the court.

(2) Where a child is concerned in any proceedings in a youth court or on appeal from a youth court (including proceedings by way of case stated)—

(a) no report shall be published which reveals the name, address or school of the child or includes any particulars likely to lead to the identification of the child; and

(b) no picture shall be published as being or including a picture of any child so concerned,

except where the court or the Secretary of State, if satisfied that it is in the interests of justice to do so, makes an order dispensing with these prohibitions to such extent as may be specified in the order.

(3) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child who has been found guilty of an offence, make an order dispensing with the prohibitions in paragraph (2) to such extent as may be specified in the order, in relation to—

(a) the prosecution of the offender for the offence or a finding of guilt;

(b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under Article 50(3); or

(e) where a juvenile justice centre order is made in respect of the offence, the enforcement of any requirements imposed under Article 40(2).

(4) A court shall not exercise its power under paragraph (3) without—

(a) affording the parties to the proceedings an opportunity to make representations; and

(b) taking into account any representations which are duly made.

(5) If a report or picture is published in contravention of a direction under paragraph (1) or of paragraph (2), the following persons—

(a) in the case of publication of a written report or a picture as part of a newspaper, any proprietor, editor or publisher of the newspaper;

(b) in the case of the inclusion of a report or picture in a programme service, any body corporate which provides the service and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) For the purposes of this Article a child is “concerned” in any proceedings whether as being the person by or against or in respect of whom the proceedings are taken or as being a witness in the proceedings.

(7) In this Article—

“picture” means a picture in a newspaper and a picture included in a programme service;

“programme service” has the same meaning as in the Broadcasting Act 1990;

“publish” includes—

include in a programme service;

cause to be published;

“report” means a report in a newspaper and a report included in a programme service.

Section 23 Evidence of child in committal proceedings for violent or sexual offence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 24 Power to proceed with case in absence of child in certain proceedings

Where in any proceedings in relation to any of the offences mentioned in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968, the court is satisfied that the attendance before the court of any child in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child.

Section 25 Extension of power to take deposition of child

(1) Where a justice of the peace is satisfied by the evidence of a doctor that the attendance before a court of any child in respect of whom any of the offences mentioned in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 is alleged to have been committed would involve serious danger to his health, the justice may take in writing the deposition of the child on oath, and shall sign the deposition and add to it a statement of—

(a) his reason for taking it;

(b) the date when and place where it was taken; and

(c) the names of the persons, if any, present at the taking of the deposition.

(2) The justice taking any such deposition shall send it with his statement—

(a) if the deposition relates to an offence for which any accused person is already committed for trial, to the proper officer of the court for trial at which the accused person has been committed; and

(b) in any other case, to the clerk of the court before which proceedings are pending in respect of the offence.

Section 26 Admission of deposition of child in evidence in certain proceedings

(1) Where, in any proceedings in respect of any of the offences mentioned in Schedule 1 to the Children and Young Persons Act Northern Ireland) 1968, the court is satisfied by the evidence of a doctor that the attendance before the court of any child in respect of whom the offence is alleged to have been committed would involve serious danger to his health, any deposition of the child taken under the Magistrates' Courts (Northern Ireland) Order 1981 or under Article 25, shall be admissible in evidence either for or against the accused person without further proof if it purports to be signed by the justice by or before whom it purports to have been taken.

(2) Any such deposition shall not be admissible in evidence either for or against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been served upon the person (whether prosecution or accused) against whom it is proposed to be given in evidence and that he or his counsel or solicitor had, or might have had if he had chosen to be present, an opportunity of cross-examining the child making the deposition.

Section 27 Youth courts

(1) A juvenile court (that is to say, a court of summary jurisdiction constituted in accordance with Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968) sitting for the purpose of hearing any charge against a child or for the purpose of exercising any other jurisdiction conferred on youth courts by or under this Order or any other statutory provision, may be known as a youth court.

(2) Youth courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them.

(3) Directions given by the Lord Chief Justice under Article 11(3) of the Magistrates' Courts (Northern Ireland) Order 1981 shall make such provision as is necessary to ensure, so far as is reasonably practicable, that, where a youth court is held on the same day and in the same place as a court of summary jurisdiction which is not a youth court, the times at which the courts are held shall be so arranged that children who are to be brought before the youth court will not be present in the precincts of the court at the same time as adult defendants.

(4) No person shall be present at any sitting of a youth court except—

(a) members and officers of the court;

(b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case;

(c) the parents or guardians of the child;

(d) representatives of newspapers or news agencies;

(e) such other persons as the court may authorise to be present.

Section 28 Assignment of certain matters to youth courts

(1) Subject to paragraphs (2) and (3), no charge against a child and no application the hearing of which is by magistrates' courts rules assigned to youth courts, shall be heard by a magistrates' court which is not a youth court.

(2) A charge shall be heard by a magistrates' court other than a youth court where the charge is made jointly against a child and an adult and where the court does not exercise the power conferred by Article 29.

(3) A charge may be heard by a magistrates' court other than a youth court—

(a) where a child is charged with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which an adult is charged at the same time;

(b) where a child is charged with an offence, and an adult is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence;

(c) where an adult is charged with an offence, and a child is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence;

(d) where, in the course of any proceedings before any magistrates' court other than a youth court, it appears that the person to whom the proceedings relate is a child and the court thinks fit to proceed with the hearing and determination of those proceedings.

(4) No requirement contained in any statutory provision (including a provision of this Order), that a charge shall be brought before a youth court shall be construed as restricting the powers of any justice to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

Section 29 Power of magistrates' court to remit a child for trial to a youth court

(1) This Article shall have effect where—

(a) a child appears or is brought before a magistrates' court other than a youth court on a complaint jointly charging him and one or more other persons with an offence; and

(b) that other person, or any of those other persons, is an adult,

and in this Article “the adult defendant” means such one or more of the accused as is an adult.

(2) If—

(a) the court hears the complaint or (as the case may be) deals summarily with the charge in the case of both or all of the accused, and the adult defendant or each of the adult defendants pleads guilty; or

(b) the court—

(i) in the case of the adult defendant or each of the adult defendants, conducts a ... preliminary inquiry and either commits him for trial or discharges him; and

(ii) in the case of the child, hears the complaint or (as the case may be) deals summarily with the charge,

then, if in either situation the child pleads not guilty, the court may, before any evidence is called in his case, remit him for trial to a youth court acting for the same place as the remitting court or for the place where he resides.

(3) A child remitted to a youth court under paragraph (2) shall be brought before and tried by a youth court accordingly.

(4) Where a child is so remitted to a youth court—

(a) he shall have no right of appeal against the order of remission; and

(b) the remitting court may give such directions as appear to be necessary with respect to his custody or for his release on bail until he can be brought before the youth court.

(5) This Article shall apply in relation to a corporation as if it were an adult.

Section 30 Powers of youth courts in relation to persons who are not or who cease to be children

(1) A youth court sitting for the purpose of hearing a charge against a person who is believed to be a child may, if it thinks fit to do so, proceed with the hearing and determination of the charge, notwithstanding that it is discovered that the person in question is not a child.

(2) Where any proceedings in respect of a child are commenced before a youth court and he attains the age of 18 before the conclusion of the proceedings, the court may continue to deal with the case and make any order which it could have made if he had not attained that age; and for the purposes of this paragraph proceedings taken in consequence of any default shall be deemed to be part of the original proceedings.

(3) The attainment of the age of 18 by a person in respect of whom a community order , a youth conference order or an order for conditional discharge has been made, shall not deprive a youth court of jurisdiction either to enforce his attendance and deal with him in respect of any failure to comply with the requirements of the community order or youth conference order or the commission of a further offence, or to amend or discharge the community order or youth conference order .

(4) In this Article—

“default” means failure to pay, or want of sufficient distress to satisfy, any fine or other sum of money, or failure to do or abstain from doing any thing required to be done or left undone;

“the original proceedings” means the proceedings in which the fine was imposed or other sum awarded or the thing was ordered to be done or left undone.

Section 30A Power of youth court in relation to remands

A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—

(a) that the court commits the accused for trial for another offence; or

(b) that the accused is charged with another offence.

Section 31 Remand for purpose of obtaining information

(1) Where a youth court has remanded a child for information to be obtained with respect to him, any court of summary jurisdiction or resident magistrate ... may in the absence of the child extend the period for which he is remanded.

(2) A child remanded under paragraph (1) shall be brought before a court of summary jurisdiction or a resident magistrate sitting out of petty sessions at least once every two weeks.

(3) When the required information has been obtained, any youth court ... may deal with him finally.

Section 32 Remission by other courts of offenders to youth courts

(1) Any court by or before which a child is found guilty of an offence other than homicide,—

(a) if it is a magistrates' court other than a youth court shall; and

(b) if it is a court other than a magistrates' court may,

remit the case to a youth court acting for the place where the child was committed for trial, or, if he was not committed for trial, to a youth court acting either for the same place as the remitting court or for the place where the child resides.

(2) Where any case is remitted under paragraph (1), the child shall be brought before a youth court accordingly, and that court may deal with him in any way in which it might have dealt with him if he had been tried and found guilty by that court.

(3) Where any case is remitted under paragraph (1)—

(a) the child shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission; and

(b) any appeal against the finding of guilt shall, if the finding was made by a youth court or other court of summary jurisdiction, be made to the county court having jurisdiction to hear an appeal under sub-paragraph (a).

(4) A court by which an order remitting a case to a youth court is made under paragraph (1)—

(a) may give such directions as appear to be necessary with respect to the custody of the child or for his release on bail until he can be brought before the youth court; and

(b) shall cause to be transmitted to the clerk of the youth court a certificate stating—

(i) the nature of the offence;

(ii) that the child has been found guilty of the offence; and

(iii) that the case has been remitted for the purpose of being dealt with under this Article.

Section 33 Power to notify appropriate authority if child's welfare requires it

Where a child is charged with an offence the court before which he is charged may, if it considers that his welfare requires it, notify the appropriate authority of such matters as the court thinks fit.

Section 33A Court-ordered youth conferences

(1) Subject to Articles 33B and 33C, a court must refer the case of a child who has been found guilty of an offence by or before the court to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence, unless the offence falls within paragraph (2).

(2) The offences falling within this paragraph are—

(a) offences the sentence for which is, in the case of an adult, fixed by law as imprisonment for life;

(b) offences which are, in the case of an adult, triable only on indictment; and

(c) offences which are scheduled offences for the purposes of Part 7 of the Terrorism Act 2000 (c. 11).

(3) If a child has been found guilty by or before a court of an offence which—

(a) falls within sub-paragraph (b) or (c) of paragraph (2); but

(b) does not fall within sub-paragraph (a) of that paragraph,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(4) Where a child—

(a) is in breach of a community order or youth conference order and falls to be dealt with by a court for the offence in respect of which the order was made as if he had just been found guilty of the offence; or

(b) appeals to a court against any sentence or order imposed on him in respect of an offence,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(5) A court-ordered youth conference is a youth conference convened with a view to the making to the court by a youth conference co-ordinator of one of the following recommendations—

(a) that the court exercise its powers (apart from Article 36J) to deal with the child for the offence;

(b) that the child be subject to a youth conference plan in respect of the offence; or

(c) that the court exercise its powers to deal with the child for the offence by imposing a custodial sentence and that the child be subject to a youth conference plan in respect of the offence.

(6) A court must not make a reference under this Article unless the child agrees that he will participate in a court-ordered youth conference with respect to the offence.

(7) And if the child withdraws his agreement before the court-ordered youth conference is completed, the court-ordered youth conference is terminated (or, if not yet started, does not take place).

(8) If a court makes a reference under this Article, the court may not deal with the child for the offence until the court has received a report under Article 33E(3) or (7) following the completion of the court-ordered youth conference (or the court-ordered youth conference is terminated before completion or does not take place).

(9) If a recommendation is made to a court under paragraph (5), the court must consider it before dealing with the child for the offence.

(10) The Secretary of State may by order amend paragraphs (1) to (3); and an order under this paragraph may include any incidental, consequential, transitional or supplementary provision (including the amendment, or repeal or revocation, of any statutory provision whenever passed or made, including any provision of this Order) which appears to the Secretary of State to be appropriate.

(11) An order under paragraph (10) is subject to negative resolution .

Section 33B Associated offences

(1) This Article applies where a child has been found guilty by or before a court of associated offences.

(2) If one or more of the offences is an offence which falls within sub-paragraph (a) of paragraph (2) of Article 33A, the court must not make a reference under that Article with respect to any of the offences.

(3) Subject to that, if—

(a) one or more of the offences is an offence which falls within sub-paragraph (b) or (c) of that paragraph; but

(b) the remaining offence, or (where more than one) each of the remaining offences, is not an offence which falls within either of those sub-paragraphs,

the court is not required to make a reference under Article 33A with respect to any of the offences but may make such a reference with respect to any or all of them.

Section 33C References: supplementary

(1) A court must not make a reference under Article 33A unless—

(a) the Secretary of State has given the clerk of the court notice that provision for youth conferences has been made for the area in which it appears to the court that the child resides or will reside, and

(b) the notice has not been withdrawn.

(2) Paragraph (1) of Article 33A does not require the court by or before which a child is found guilty of an offence to make a reference under that Article if—

(a) a diversionary youth conference has been completed with respect to the child and the offence; and

(b) the youth conference co-ordinator made a recommendation under Article 10A(2)(c) or 10C(2);

but in such circumstances the court may make such a reference if it considers it appropriate to do so.

(3) Where a court does not make a reference under Article 33A in reliance on paragraph (2), the recommendation made under Article 10A(2)(c) or 10C(2) is to be regarded as having been made to the court under Article 33A(5).

(4) If a court does not refer a case to a youth conference co-ordinator where it has power to do so—

(a) it must give its reasons in open court; and

(b) if it is a magistrates' court, it must cause the reason to be entered in the Order Book.

(5) A court must not make a reference under Article 33A with respect to a child and an offence if it proposes to deal with the child for the offence by making an order discharging him absolutely or conditionally.

(6) But if a child falls to be dealt with by a court for an offence under Article 5(6), (7) or (8) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (offences committed during period of conditional discharge), Article 33A applies as if he had been found guilty of the offence by or before the court.

(7) Where a court defers passing sentence on a child for an offence under Article 3 of the Criminal Justice (Northern Ireland) Order 1996, any duty imposed on the court by Article 33A(1) must be complied with before the passing of sentence.

(8) Where the case of a child found guilty of an offence is remitted to a youth court under Article 32(1), the youth court (and not the court remitting the case) is to be treated for the purposes of the provisions about court-ordered youth conferences as the court by or before which the child is found guilty of the offence.

Section 33D Termination of youth conference

(1) This Article applies where a court has referred a case to a youth conference co-ordinator for him to convene a court-ordered youth conference.

(2) The court may, on the application of a youth conference co-ordinator, order that the youth conference be terminated (or, if not yet started, is not to take place).

(3) The court may so order only if satisfied that the court-ordered youth conference would serve no useful purpose.

(4) Before making an application under paragraph (2), the youth conference co-ordinator must consult the other persons specified in Article 3A(2).

Section 33E Recommendations: supplementary

(1) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless—

(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless—

(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(3) A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report.

(4) If the recommendation is made under Article 33A(5)(a), the report—

(a) where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and

(b) where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers.

(5) If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan.

(6) If the recommendation is made under Article 33A(5)(c), the report—

(a) must not specify what sort of custodial sentence the court should impose or for what period; but

(b) must include details of the youth conference plan.

(7) If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so.

(8) A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.

Section 34 Fines

Notwithstanding anything contained in any statutory provision (including a provision of this Order), it shall not be lawful for a court of summary jurisdiction to impose a fine exceeding—

(a) in the case of a child under the age of 14, level 1 on the standard scale; or

(b) in the case of any other child, level 3 on the standard scale.

Section 35 Parent or guardian to pay fine, etc. , instead of child

(1) Where a child is found guilty of 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 the 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) shall if the child is under the age of 16, and

(b) may in any other case,

order that the fine, costs, damages or compensation be paid by the parent or guardian of the child instead of by the child, unless the court is satisfied that there is good reason for not so doing.

(2) Any sums ordered under this Article 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 was charged.

(3) A parent or guardian may appeal against an order under this Article or Article 36—

(a) if made by a magistrates' court, 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.

(4) In this Article “compensation” means any compensation for loss under Article 14 of the Criminal Justice (Northern Ireland) Order 1994.

Section 36 Parent or guardian to enter into recognizance

(1) In the case of a child found guilty of 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.

(2) Where the court makes an attendance centre order in respect of any child, it may order his parent or guardian to enter into a recognizance as security for his compliance with that order.

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

(4) The Magistrates' Courts (Northern Ireland) Order 1981 shall apply in relation to recognizances under paragraph (1) or (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 that sum, may remit payment of it.

Section 36A Reparation orders

(1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a reparation order.

(2) A reparation order is an order requiring the offender to make such reparation for the offence, otherwise than by the payment of compensation, as is specified in the order—

(a) to a person or persons so specified; or

(b) to the community at large.

(3) Any person so specified must be a person identified by the court as—

(a) a victim of the offence; or

(b) a person otherwise affected by it.

(4) Before making a reparation order, the court must obtain and consider a written report by—

(a) a probation officer;

(b) a social worker of the appropriate authority; or

(c) such other person as the Secretary of State may designate.

(5) The report must indicate—

(a) the type of requirements that it would be appropriate to impose on the offender; and

(b) the attitude of the victim or victims of the offence to the requirements proposed to be included in the order.

Section 36B Restrictions on reparation orders

(1) The court must not make a reparation order in respect of the offender unless he consents.

(2) The court must not make a reparation order in respect of the offender if it proposes—

(a) to pass on him a custodial sentence; or

(b) to make in respect of him a community service order, a community responsibility order or a combination order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Before making a reparation order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.

(5) It must also explain to the offender in ordinary language—

(a) why it is making the order;

(b) the effect of the order and of the requirements proposed to be included in it;

(c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and

(d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.