Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons
PART I, PREVENTION OF CRIME AND DISORDER - continued
Youth crime and disorder - continued

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Child safety orders.

12. - (1) Subject to subsection (2) below, if a magistrates' court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a "child safety order") which-

(a) places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and

(b) requires the child to comply with such requirements as are so specified.

(2) A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

(3) The conditions are-

(a) that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;

(b) that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;

(d) that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(4) The maximum period permitted for the purposes of subsection (1)(a) above is three months or, where the court is satisfied that the circumstances of the case are exceptional, 12 months.

(5) The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of-

(a) securing that the child receives appropriate care, protection and support and is subject to proper control; or

(b) preventing any repetition of the kind of behaviour which led to the child safety order being made.

(6) Proceedings under this section or section 13 below shall be family proceedings for the purposes of the 1989 Act or section 65 of the Magistrates' Courts Act 1980 ("the 1980 Act"); and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.

(7) In this section "local authority" has the same meaning as in the 1989 Act.

(8) In this section and section 13 below, "responsible officer", in relation to a child safety order, means one of the following who is specified in the order, namely-

(a) a social worker of a local authority social services department; and

(b) a member of a youth offending team.

Child safety orders: supplemental.

13. - (1) Before making a child safety order, a magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(2) Before making a child safety order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language-

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and

(c) that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.

(3) Requirements included in a child safety order shall, as far as practicable, be such as to avoid-

(a) any conflict with the parent's religious beliefs; and

(b) any interference with the times, if any, at which the child normally attends school.

(4) If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it-

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(5) Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(6) Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates' court acting for the same petty sessions area, on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court-

(a) may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or

(b) may make an order varying the order-

(i) by cancelling any provision included in it; or

(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(7) Subsection (6)(a) above applies whether or not the court is satisfied that the conditions mentioned in section 31(2) of the 1989 Act are fulfilled.

Appeals against child safety orders.

14. - (1) An appeal shall lie to the High Court against the making by a magistrates' court of a child safety order; and on such an appeal the High Court-

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(2) Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of subsections (4) to (6) of section 13 above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the High Court.

(3) Subsections (6) and (7) of section 11 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.

Local child curfew schemes.

15. - (1) A local authority may make a scheme (a "local child curfew scheme") for enabling the authority-

(a) subject to and in accordance with the provisions of the scheme; and

(b) if, after such consultation as is required by the scheme, the authority considers it necessary to do so for the purpose of maintaining order,

to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.

(2) This subsection applies to a ban on children of specified ages (under 10) being in a public place within a specified area-

(a) during specified hours (between 9 pm and 6 am); and

(b) otherwise than under the effective control of a parent or a responsible person aged 18 or over.

(3) Before making a local child curfew scheme, a local authority shall consult-

(a) every chief officer of police any part of whose police area lies within its area; and

(b) such other persons or bodies as it considers appropriate.

(4) A local child curfew scheme shall be made under the common seal of the local authority and shall not have effect until it is confirmed by the Secretary of State.

(5) The Secretary of State-

(a) may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and

(b) may fix the date on which such a scheme is to come into operation;

and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.

(6) A notice given under a local child curfew scheme (a "curfew notice") may specify different hours in relation to children of different ages.

(7) A curfew notice shall be given-

(a) by posting the notice in some conspicuous place or places within the specified area; and

(b) in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.

(8) In this section-

"local authority" means-

(a) in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough;

"public place" has the same meaning as in Part II of the Public Order Act 1986.

Contravention of curfew notices.

16. - (1) Subsections (2) and (3) below apply where a constable has reasonable cause to believe that a child is in contravention of a ban imposed by a curfew notice.

(2) The constable shall, as soon as practicable, inform the local authority for the area that the child has contravened the ban.

(3) The constable may remove the child to the child's place of residence unless he has reasonable cause to believe that the child would, if removed to that place, be likely to suffer significant harm.

(4) In subsection (1) of section 47 of the 1989 Act (local authority's duty to investigate)-

(a) in paragraph (a), after sub-paragraph (ii) there shall be inserted the following sub-paragraph-

"(iii) has contravened a ban imposed by a curfew notice within the meaning of Chapter I of Part I of the Crime and Disorder Act 1998; or"; and

(b) at the end there shall be inserted the following paragraph-

" In the case of a child falling within paragraph (a)(iii) above, the enquiries shall be commenced as soon as practicable and, in any event, within 48 hours of the authority receiving the information."

Miscellaneous and supplemental

Duty to consider crime and disorder implications.

17. - (1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

(2) This section applies to a local authority, a joint authority, a police authority, a National Park authority and the Broads Authority.

(3) In this section-

"local authority" has the meaning given by section 270(1) of the Local Government Act 1972;

"joint authority" has the same meaning as in the Local Government Act 1985;

"National Park authority" means an authority established under section 63 of the Environment Act 1995.

Interpretation etc. of Chapter I.

18. - (1) In this Chapter-

"anti-social behaviour order" has the meaning given by section 2(4) above;

"chief officer of police" has the meaning given by section 101(1) of the Police Act 1996;

"child safety order" has the meaning given by section 12(1) above;

"curfew notice" has the meaning given by section 15(6) above;

"local child curfew scheme" has the meaning given by section 15(1) above;

"parenting order" has the meaning given by section 9(4) above;

"police area" has the meaning given by section 1(2) of the Police Act 1996;

"police authority" has the meaning given by section 101(1) of that Act;

"responsible officer"-

(a) in relation to a parenting order, has the meaning given by section 9(8) above;

(b) in relation to a child safety order, has the meaning given by section 12(8) above;

"sex offender order" has the meaning given by section 3(3) above.

(2) In this Chapter, unless the contrary intention appears, expressions which are also used in Part I of the Criminal Justice Act 1991 ("the 1991 Act") have the same meanings as in that Part.

(3) Where directions under a parenting order are to be given by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

(4) Where the supervision under a child safety order is to be provided, or directions under a parenting order are to be given, by-

(a) a social worker of a local authority social services department; or

(b) a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent resides or will reside.

(5) For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

Prepared 2 April 1998