Part IIIU.K. Protection of Children and Young Persons in relation to Criminal and Summary Proceedings

Modifications etc. (not altering text)

General Provisions as to Preliminary ProceedingsE+W

[F134 Attendance at court of parent of child or young person charged with an offence, &c.E+W

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

[F3(2)Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.

(3)If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—

(a)that the child or young person has been arrested;

(b)why he has been arrested; and

(c)where he is being detained.

(4)Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.

(5)For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—

(a)his parent or guardian; or

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

(6)If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.

(7)If it appears that at the time of his arrest a supervision order, as defined inF4. . . [F5 Part IV of the Children Act 1989], is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

[F6(7A)If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989 [F7or section 76 of the Social Services and Well-being (Wales) Act 2014], the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.]

[F8(7B)If it appears that at the time of his arrest a youth rehabilitation order, as defined in [F9section 173 of the Sentencing Code], is in force in respect of him, the responsible officer, as defined in [F10section 191 of that Code], shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.]

(8)The reference to a parent or guardian in subsection (5) above is —

  • F11. . . in the case of a child or young person in the care of a local authority, a reference to that authority; F12. . .

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.

(10)The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.

(11)In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984]

[F13(12)The reference in subsection (2) to a child or young person who is in police detention includes a reference to a child or young person who has been detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and in subsection (3) “arrest” includes such detention.]]

Textual Amendments

F3S. 34(2)–(11) substituted for s. 34(2) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 57

F5Words in s. 34(7) inserted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 6(2) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F6S. 34(7A) inserted (14. 10. 1991) by Children Act 1989 (c. 41 , SIF 20), s. 108(5)(6), Sch. 13 para. 6(3) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F9Words in s. 34(7B) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 1(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F10Words in s. 34(7B) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 1(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F11Word "(a)" in s. 34(8) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2)

F12Words from "and (b)" to the end in s. 34(8) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C2S. 34(2)-(7)(8)(9) applied (with modifications) (2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I paras. 1, 3(3); s. 34(2)-(7)(8)(9) applied by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

C3S. 34 applied (2.8.1993) by S.I. 1993/1813, arts. 1, 6, Sch. 3 Pt. I para. 3(4); s. 34 applied by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3(4) as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(d)

C4S. 34 applied (with modifications) by 1994 c. 33, s. 137D(2)(e) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16); S.I. 2018/227, art. 2(f)

C5S. 34(2)-(7) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes

C6S. 34(8)(9) applied (4.11.2003) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(2)(b); commencement date as notified in London, Edinburgh and Belfast Gazettes