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Statutory Instruments 1998 No. 1504 (N.I. 9)
The Criminal Justice (Children) (Northern Ireland) Order 1998 - continued

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SCHEDULES


SCHEDULE 1
Article 2(2).


DEFINITIONS OF "SEXUAL OFFENCE" AND "VIOLENT OFFENCE"


     1. In this Order "sexual offence" means the commonlawoffence of rape or an offence under any of the following provisions - 

    (a) sections 52 to 55, 61 and 62 of the Offences Against the Person Act 1861;

    (b) sections 2 to 8, 11 and 13 of the Criminal Law Amendment Act 1885;

    (c) section 1 of the Vagrancy Act 1898;

    (d) sections 1 and 2 of the Punishment of Incest Act 1908;

    (e) section 7(4) of the Criminal Law Amendment Act 1912;

    (f) section 2 of the Attempted Rape, etc. Act (Northern Ireland) 1960;

    (g) sections 21 and 22 of the Children and Young Persons Act (Northern Ireland) 1968;

    (h) Article 3 of the Protection of Children (Northern Ireland) Order 1978;

    (i) Article 9 of the Criminal Justice (Northern Ireland) Order 1980;

    (j) Articles 7 and 8 of the Homosexual Offences (Northern Ireland) Order 1982;

    (k) Articles 122 and 123 of the Mental Health (Northern Ireland) Order 1986.

     2. In this Order "violent offence" means an offence which leads or is intended or likely to lead to a person's death or to physical injury to a person, and includes an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 or an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).



SCHEDULE 2
Article 51(3).


JUVENILE JUSTICE CENTRES


     1.  - (1) A juvenile justice centre order or any other order under which a person is to be detained in a juvenile justice centre shall be authority for his detention in any juvenile justice centre and the juvenile justice centre in which that person is to be detained at any time shall be determined by the Secretary of State.

    (2) Sub-paragraph (1) applies to an order under Article 13 but sub-paragraph

    (3) does not apply to a person detained under an order under that Article.

    (3) The Secretary of State may at any time order a person detained by the managers of a juvenile justice centre to be discharged.

    (4) Where a person detained in a juvenile justice centre is transferred to another centre, he shall be taken to his new centre by and at the expense of the managers of the first-mentioned centre.

     2. A minister of the religious persuasion to which a person in a juvenile justice centre belongs may visit him at the centre for the purpose of affording him religious assistance and instruction.

     3. If it appears to the managers of a juvenile justice centre - 

    (a) that a person who has been ordered to be sent to their centre requires medical attention before he can properly be received into the centre; or

    (b) that a person detained in the centre requires such attention,

they may make arrangements for him to be received into and detained in any hospital or other institution where he can receive the necessary attention; and that person, while so detained, shall for the purposes of this Order be deemed to be detained in the juvenile justice centre.

     4. At any time during the period of a person's detention in a juvenile justice centre the managers of the centre may grant leave to him to be absent from it in the charge of such person and for such period as they think fit, but during such period he shall, for the purposes of this Order, be deemed to be detained by the managers of the centre, and the managers may at any time require him to return to the centre.

     5.  - (1) If in the case of a person detained in a juvenile justice centre who has attained the age of 16 the Secretary of State is satisfied by the samereports as are required for the purposes of Article 53 of the Mental Health (Northern Ireland) Order 1986 that that person is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under that Order, the Secretary of State may, if he is of the opinion having regard to the public interest and to all the circumstances that it is expedient to do so, by warrant direct that that person be placed under the guardianship of a Board or HSS trust or such other person approved by a Board or HSS trust as may be specified in the direction.

    (2) A direction shall not be given under this paragraph placing a person under the guardianship of a Board or HSS trust or other person unless the Secretary of State is satisfied as to the willingness of that Board, trust or person to receive that person into guardianship.

    (3) A direction under this paragraph with respect to any person shall have the same effect as a guardianship order made in his case.

    (4) Expressions used in this paragraph and in the Mental Health (Northern Ireland) Order 1986 have the same meanings in this paragraph as in that Order.

     6.  - (1) If a persondetainedin a juvenile justice centre has attained the age of 15 and the managers of the centre consider that he is likely to injure himself or other persons, the managers may bring him before a court of summary jurisdiction.

    (2) A court may order a person brought before it under this paragraph to be transferred to a young offenders centre for the unexpired part of the period for which he is liable to be detained in a juvenile justice centre.

    (3) In relation to a person who is transferred to a young offenders centre under this paragraph - 

    (a) an order under which he was detained in the juvenile justice centre shall continue to have effect (subject to the order made under this paragraph);

    (b) Article 54 (escapes) shall have effect as if references to a juvenile justice centre were references to a young offenders centre and references to the order referred to in paragraph (1) were references to the order under which he was detained in a juvenile justice centre as it has effect by virtue of this paragraph;

    (c) the references in Articles 40(2)(a), 49 and 54(1) to the managers of the juvenile justice centre shall be construed as references to the governor of the young offenders centre.

    (4) The Secretary of State may at any time order a person who is transferred to a young offenders centre under this paragraph to be discharged.

     7. Every person who - 

    (a) is authorised by the managers of a juvenile justice centre to take charge of a person detained by them, or to apprehend such a person and bring him back to the centre; or

    (b) is authorised by the Secretary of State or, being a probation officer, is authorised by a court, to take to a juvenile justice centre a person ordered to be detained there;

shall, for the purposes of this duty, have all the powers, protection and privileges of a constable.



SCHEDULE 3
Article 59(3).


MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 59(3)


     1. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule.

     2. References to the council or the Department shall be construed as references to the Secretary of State.

     3. Paragraph 1 shall be omitted.

     4. In paragraph 2 - 

    (a) for the words from the beginning to "directs," there shall be substituted the words "Where the Secretary of State proposes to acquire land otherwise than by agreement, he shall give notice of his intention to do so and such notice";

    (b) in sub-paragraph (c) for the words "as may be prescribed" there shall be substituted the words "as the Secretary of State thinks fit".

     5. In paragraph 3 - 

    (a) in sub-paragraph (1)(i) for the words "any modifications of the council's proposal that the Ministry thinks proper" there shall be substituted the words "such modifications to his proposal as he thinks fit";

    (b) in sub-paragraph (1)(ii) for the word "refuse" there shall be substituted the words "decide not";

    (c) in sub-paragraph (2) for the words "making or refusing" there shall be substituted the words "deciding whether to make".

     6. In paragraph 4 the words from "and may provide" to the end of the paragraph shall be omitted.

     7. In paragraph 5 - 

    (a) in sub-paragraph (1)(a) the words "in the prescribed form and manner" shall be omitted;

    (b) in sub-paragraph (1)(b) for the two references to the said Act of 1972 there shall be substituted references to this Order;

    (c) in sub-paragraph (1)(d) the words "in the prescribed form" shall be omitted;

    (d) in sub-paragraph (2) for the words "as may be prescribed" there shall be substituted the words "as the Secretary of State thinks fit".

     8. In paragraph 6(2) for the words "fund out of which the expenses of the council in acquiring the land are to be defrayed" there shall be substituted the words "Consolidated Fund of the United Kingdom" and for the words "out of the compensation fund" there shall be substituted the words "made by the Secretary of State".

     9. In paragraph 11(3) the words "in the prescribed form" shall be omitted.

     10. In paragraph 12 - 

    (a) in sub-paragraph (1) the word "such" and the words "as may be prescribed" shall be omitted;

    (b) in sub-paragraph (2) for the words from "clerk" to "directs," there shall be substituted the words "Secretary of State as correct, and publish".

     11. In paragraph 14(1) the words "in the prescribed form," shall be omitted.

     12. In paragraph 15(1) for the words "in the prescribed form" there shall be substituted "in such form as may be approved by the Secretary of State".

     13. In paragraph 18 - 

    (a) in sub-paragraph (2) for the words "Ministry of Finance" there shall be substituted "Treasury";

    (b) after that sub-paragraph there shall be added the following sub-paragraph - 

        " (3) Section 143 shall not apply to an order made by the Treasury under this paragraph but such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.".

     14. Paragraph 19 shall be omitted.

     15. In paragraph 20, sub-paragraph (2) shall be omitted.



SCHEDULE 4
Article 64(2).


TRANSITIONAL PROVISIONS AND SAVINGS


     1. Each of Articles 35, 36, 37, 39, 44, 45, 47 and 48 shall apply in relation to offenders convicted (but not sentenced) before the commencement of that Article as it applies to offenders convicted afterwards.

     2. Any training school which at the commencement of this paragraph is approved or provided under the Act of 1968 shall be deemed to be a juvenile justice centre provided under Article 51.

     3. Where at the commencement of this paragraph there is in force in relation to any person any of the following orders under the Act of 1968 - 

    (a) a supervision order;

    (b) a training school order; or

    (c) an order committing a person to the care of a fit person,

the repeal by this Order of any provision of the Act of 1968 or of any other statutory provision shall not have effect in relation to that order.

     4. In this Schedule the "Act of 1968" means the Children and Young Persons Act (Northern Ireland) 1968.



 
  © Crown copyright 1998
Prepared 15 July 1998

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