Justice (Northern Ireland) Act 2002

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

73 (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.

(2) In paragraph (2)—

(a) for “in any of” substitute “in either of”,

(b) for sub-paragraph (a) substitute—

“(a) it may impose on him a fine not exceeding £1,000;”, and

(c) for paragraphs (i) and (ii) of sub-paragraph (b) substitute—

“(i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or

(ii) in a young offenders centre in any other case.”

(3) After that paragraph insert—

“(2A) The offender falls within this paragraph if he—

(a) has attained the age of 17;

(b) has not attained the age of 18 and will not attain that age within the next 30 days; and

(c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years,

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

(2B) Where the court imposes a fine on the offender under paragraph (2)(a)—

(a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and

(b) if he has attained that age but has not attained the age of 18, it may so order.

(2C) A fine ordered under paragraph (2B) 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 for which the juvenile justice centre order was made.

(2D) A parent or guardian may appeal to a county court against an order under paragraph (2B).”