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Changes to the Children and Young Persons Act 1963: Juvenile Courts and Proceedings, Exercises of Art

The changes made to the Children and Young Persons Act 1963, specifically regarding juvenile courts and proceedings. The amendments include alterations to sections related to offenses committed by children, jurisdiction of magistrates' courts, attendance at court of parents, and medical evidence. The textual amendments section provides details on the repealed sections.

What you will learn

  • What changes were made to Section 50 of the Children and Young Persons Act 1963?
  • What is the role of parents or guardians in the court proceedings for a child or young person?

Typology: Exercises

2021/2022

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Changes to legislation: There are currently no known outstanding effects for the Children and Young Persons Act 1963, Cross
Heading: Juvenile courts and proceedings in connection with children and young persons. (See end of Document for details)
Children and Young Persons Act 1963
1963 CHAPTER 37
PART I E+W+S
CARE AND CONTROL OF CHILDREN AND YOUNG PERSONS
Juvenile courts and proceedings in connection with children and young persons
16 Offences committed by children. E+W
(1) Section 50 of the; principal Act shall be amended by substituting therein the word
“ten” for the word “eight”.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1 S. 16(2)(3) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 108(1), 336(3)(4), Sch. 37
Pt. 5 (with s. 141); S.I. 2004/3033, art. 3(1)(2)(a)(e)(i)
Modifications etc. (not altering text)
C1 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in
which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any
amendments or repeals which may have been made prior to 1.2.1991.
17 Constitution and place of sitting of juvenile courts. E+W
F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 47(2) of the principal Act (which relates to sittings of juvenile courts) for
the words from “subject as hereinafter provided” to “other courts are held” there shall
be substituted the words “not sit in a room in which sittings of a court other than a
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Changes to legislation: There are currently no known outstanding effects for the Children and Young Persons Act 1963, Cross Heading: Juvenile courts and proceedings in connection with children and young persons. (See end of Document for details)

Children and Young Persons Act 1963

1963 CHAPTER 37

PART I E+W+S

CARE AND CONTROL OF CHILDREN AND YOUNG PERSONS

Juvenile courts and proceedings in connection with children and young persons

16 Offences committed by children. E+W

(1) Section 50 of the; principal Act shall be amended by substituting therein the word

“ten” for the word “eight”.

F1 (2)................................

F1 (3)................................

Textual Amendments

F1 S. 16(2)(3) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 108(1), 336(3)(4), Sch. 37 Pt. 5 (with s. 141); S.I. 2004/3033, art. 3(1)(2)(a)(e)(i)

Modifications etc. (not altering text)

C1 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

17 Constitution and place of sitting of juvenile courts. E+W

F2 (1)................................

(2) In section 47(2) of the principal Act (which relates to sittings of juvenile courts) for

the words from “subject as hereinafter provided” to “other courts are held” there shall

be substituted the words “not sit in a room in which sittings of a court other than a

Part I – Care and Control of Children and Young Persons Document Generated: 2022-06- Changes to legislation: There are currently no known outstanding effects for the Children and Young Persons Act 1963, Cross Heading: Juvenile courts and proceedings in connection with children and young persons. (See end of Document for details)

juvenile court are held if a sitting of that other court has been held there within hour

before or after the sittings of the juvenile court”.

Textual Amendments

F2 S. 17(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10 ; S.I. 2005/910, art. 3(aa)

Modifications etc. (not altering text)

C2 (^) The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

18 Jurisdiction of magistrates’ courts in certain cases involving children and young

persons. E+W

Notwithstanding section 46(1) of the principal Act (which restricts the jurisdiction of

magistrates’ courts which are not [F3 youth courts ] in cases where a child or young

person is charged with an offence) a magistrates’ court which is not a [F3 youth court ]

may hear an information against a child or young person if he is charged—

(a) with aiding, abetting, causing, procuring, allowing or permitting an offence

with which a person who has attained [F4 the age of eighteen ] is charged at the

same time; or

(b) with an offence arising out of circumstances which are the same as or

connected with those giving rise to an offence with which a person who has

attained [F4 the age of eighteen ] is charged at the same time.

Textual Amendments

F3 Words in s. 18 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e) ; S.I. 1992/333, art. 2(2), Sch. 2 F4 Words in s. 18(a)(b) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 5 ; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

19................................ F5^ E+W

Textual Amendments

F5 S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

20................................ F6^ E+W

Textual Amendments

F6 S. 20, Sch. 3 para. 47 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

Part I – Care and Control of Children and Young Persons Document Generated: 2022-06- Changes to legislation: There are currently no known outstanding effects for the Children and Young Persons Act 1963, Cross Heading: Juvenile courts and proceedings in connection with children and young persons. (See end of Document for details)

Textual Amendments

F11 Ss. 2, 4–15, 22 , 23(2)(6)–(8), 24 , 25(2), 33 , 53(1)(2), 59 , 61 , Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44 , 46 , 48 , 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Modifications etc. (not altering text)

C3 (^) The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

26 Medical evidence by certificate. E+W

In any proceedings, other than proceedings for an offence, before a [F12 youth court ] ,

and on any appeal from a decision of a [F12 youth court ] in any such proceedings,

any document purporting to be a certificate of a fully registered medical practitioner

[F13 who holds a licence to practise ] as to any person’s physical or mental condition

shall be admissible as evidence of that condition.

Textual Amendments

F12 Words in s. 26 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e) ; S.I. 1992/333, art. 2(2), Sch. F13 Words in s. 26 inserted (16.11.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 4 (with Sch. 2)

27................................ F14^ E+W

Textual Amendments

F14 S. 27 repealed by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 9

28 Form of oath for use in juvenile courts and by children and young persons in

other courts. E+W

(1) Subject to subsection (2) of this section, in relation to any oath administered to and

taken by any person before a [F15 youth court ] or administered to and taken by any child

or young person before any other court, [F16 section 1 of the M1 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 section is used instead of the other, the oath shall nevertheless be

deemed to have been duly administered and taken.

Textual Amendments

F15 Words in s. 28(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e) ; S.I. 1992/333, art. 2(2), Sch. 2

Part I – Care and Control of Children and Young Persons Document Generated: 2022-06-

Changes to legislation: There are currently no known outstanding effects for the Children and Young Persons Act 1963, Cross Heading: Juvenile courts and proceedings in connection with children and young persons. (See end of Document for details) F16 Words substituted by Oaths Act 1978 (c. 19), s. 2

Marginal Citations

M1 1978 c. 19.

29 Provisions as to persons between the ages of 17 and 18. E+W

(1) Where proceedings in respect of a young person are begun F17^... [F18 for an offence ]

and he attains [F19 the age of eighteen ] before the conclusion of the proceedings, the

court may... F20^ deal with the case and make any order which it could have made if

he had not attained that age.

(2)................................ F

Textual Amendments

F17 Words in s. 29(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20),s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) F18 Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49 F19 Words in s. 29(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(a), 101(1), Sch. 8 para.3, Sch. 12 para. 22(1) ; S.I. 1992/333, art. 2(2), Sch. 2 F20 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6 F21 S. 29(2) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 49, Sch. 6

30................................ F22^ E+W

Textual Amendments

F22 (^) S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6