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Restrictions on reporting proceedings
22.
- (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;
(a) include in a programme service;
(b) cause to be published;
"report" means a report in a newspaper and a report included in a programme service.
Evidence of child in committal proceedings for violent or sexual offence
23.
- (1) In any proceedings before a magistrates' court conducting a preliminary investigation into a violent or sexual offence -
(a) a child shall not be called as a witness for the prosecution; but
(b) any statement made by or taken from a child shall be admissible in evidence of any matter of which his oral testimony would be admissible,
except in a case where the application of this paragraph is excluded under paragraph (3).
(2) In this Article -
(a) "child", in relation to a violent offence, means a child under the age of 14; and
(b) any reference to a violent or sexual offence includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, a violent or sexual offence.
(3) Paragraph (1) does not apply -
(a) where the prosecution requires the attendance of a child for the purpose of establishing the identity of any person; or
(b) where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this Article; or
(c) where the investigation into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.
(4) Where in the course of a preliminary investigation into a violent or sexual offence, a resident magistrate decides under Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981 to deal with the offence summarily, a statement admitted in pursuance of this Article shall not be deemed to be evidence of the matters to which it relates.
(5) Nothing in Article 33 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to a statement to which this Article applies.
Power to proceed with case in absence of child in certain proceedings
24.
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.
Extension of power to take deposition of child
25.
- (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.
Admission of deposition of child in evidence in certain proceedings
26.
- (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.
PART V
YOUTH COURTS
Youth courts
27.
- (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 Chancellor 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.
Assignment of certain matters to youth courts
28.
- (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.
Power of magistrates' court to remit a child for trial to a youth court
29.
- (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 investigation or 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.
Powers of youth courts in relation to persons who are not or who cease to be children
30.
- (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 17 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 17 by a person in respect of whom a community 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 the commission of a further offence, or to amend or discharge the community 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.
Remand for purpose of obtaining information
31.
- (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 acting for the same petty sessions district 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 acting for the same petty sessions district as the youth court which remanded the child or any other petty sessions district of the same county court division may deal with him finally.
PART VI
SENTENCING AND OTHER POWERS
Preliminary
Remission by other courts of offenders to youth courts
32.
- (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.
Power to notify appropriate authority if child's welfare requires it
33.
Where a child is charged with an offence and a court -
(a) finds him not guilty; or
(b) finds him guilty but does not pass a custodial sentence or a community sentence,
the court may, if the court considers that his welfare requires it, notify the appropriate authority of such matters as the court thinks fit.
Fines and recognizances
Fines
34.
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.
Parent or guardian to pay fine, etc., instead of child
35.
- (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.
Parent or guardian to enter into recognizance
36.
- (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.
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