A.D. 1901. CHAP. 20. Youthful Offenders Act, 1901. Removal of disqualifica tions attaching to felony. 42 & 43 Vict. c. 49. 50 & 51 Vict. c. 25. 29 & 30 Vict. c. 118. Liability of ABSTRACT OF THE ENACTMENTS. 1. Removal of disqualifications attaching to felony. 2. Liability of parent or guardian in case of offence committed by child or young person. 4. Remand or committal to place other than prison. 5. Extension of power to commit to industrial school. 6. Recovery of expenses of maintenance from parent or person legally liable. 7. Appeals against orders for maintenance. 8. Contributions by county councils. 9. Contracts with school managers for weekly payments. 10. Rules. 11. Definitions. 12. Power of court in Scotland to discharge youthful offender without punishment. 14. Extension of 47 & 48 Vict. c. 19. s. 5. 15. Application to Ireland of 56 & 57 Vict. c. 48., and 57 & 58 Vict. c. 33. 17. Application to Ireland. 18. Short title and commencement. 1. Where a child or young person having been convicted of felony is discharged in accordance with section sixteen of the Summary Jurisdiction Act, 1879, or the Probation of First Offenders Act, 1887, or otherwise, or is punished with whipping only, the conviction shall not be regarded as a conviction of felony for the purposes of section fifteen of the Industrial Schools Act, 1866, or of any disqualification attaching to felony. 2.—(1.) Where a child or young person is Purdia in charged with any offence for the commission parent or case of offence committed by child or young person. of which a fine, damages, or costs, may be im- or by habitually neglecting to exercise due (2.) A summons to the child or young per- (3.) The charge against the child or young person and the charge against the parent or guardian may be heard together, and for that purpose the proceedings against the child or young person may be adjourned. (4.) When, after hearing the case, any fine, damages, or costs are imposed upon the child or young person, and the court is satisfied that his parent or guardian has conduced to the commission of the offence by wilful default or by habitually neglecting to exercise due care of him, the court may order that the fine, damages, or costs shall be paid by the parent or guardian instead of by the child or young person, and may also order the parent or guardian to give security for the good be haviour of the child or young person. (5.) Any sums so imposed and ordered to be paid may be recovered from the parent or guardian by distress or imprisonment in manner provided by section twenty-one of the Summary Jurisdiction Act, 1879, A.D. 1901. A.D. 1901. Limitation of costs. Remand or committal to (6.) A parent or guardian may appeal against an order made under this section to a court of quarter sessions. (7.) Where a parent or guardian is ordered by the court to pay fine, damages, or costs, or to give security for the good behaviour of the child or young person, no further charge under this Act shall be brought against the parent or guardian in respect of any wilful default or habitual neglect to exercise due care of such child or young person prior to the making of such order, without prejudice to the liability of the parent or guardian for any subsequent wilful default or habitual neglect in respect of the same child or young person. 3. Where a child or young person is ordered by a court of summary jurisdiction to pay costs in addition to a fine, the amount of the costs so ordered to be paid shall in no case exceed the amount of the fine, and, except so far as the court may think fit to expressly order otherwise, all fees payable or paid by the informant in excess of the amount of costs so ordered to be paid shall be remitted or repaid to him, and the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs. 4.-(1.) A court of summary jurisdiction, on place other remanding or committing for trial any child than prison. or young person, may, instead of committing him to prison, remand or commit him into the custody of any fit person named in the commitment who is willing to receive him (due regard being had, where practicable, to the religious persuasion of the child), to be detained in that custody for the period for which he has been remanded, or until he is thence delivered by due course of law, and the person so named shall detain the child or young person accordingly, and if the child or young person escapes he may be apprehended without warrant and brought back to the custody in which he was placed. (2.) The court may also exercise the like powers pending any inquiry concerning a 29 & 30 Vict. child under section nineteen of the Industrial Schools Act, 1866. c. 118. (3.) The court may vary or revoke the remand or commitment, and if it is revoked the child or young person may be committed to prison. (4.) The council of any county or borough or a school board may defray the whole or any part of the expenses of the maintenance of children and young persons in custody under this section. (5.) Where a court makes an order under this section the court may make an order on the parent or other person legally liable to maintain the child or young person, requiring A.D. 1901. that parent or person to pay, as a contribution towards the cost of maintaining the child or young person, such sum, not exceeding five shillings a week, as the court may think fit, during the whole or any part of the time of his custody. The payment shall be made to the inspector of reformatory and industrial schools, or to a constable or other person authorised by the inspector to receive the payment, and the money paid shall be applied under the direction of the Treasury towards the expenses incurred under this section. (6.) There shall be paid, out of moneys provided by Parliament, towards the cost of maintaining any child or young person when in custody under this section, such contribution as may be fixed by regulations made by the Secretary of State with the approval of the Treasury. placed in the custody of a fit person under (7.) Where a child or young person is this section, payments shall be made from the police fund of the place to which the child or young person is sent for his maintenance, in accordance with the regulations made by the Secretary of State, but the police fund shall be repaid through the inspector of reformatory and industrial schools out of the contribution so fixed. expenses of person 6.-(1.) Where a court of summary juris- Recovery of diction makes an order that a child or young mainteperson be sent to a certified reformatory or nance from industrial school, the court may make at the parent or same time such order for a contribution to his legally support and maintenance on his parent, or liable.] other person legally liable to maintain him, as may be made by justices or a magistrate under sections twenty-five and twenty-six of the Reformatory Schools Act, 1866, or under sec- 29 & 30 Vict. tion forty of the Industrial Schools Act, 1866, or under any local Act relating to reformatory or industrial schools, and thereupon, subject to the provisions of this Act, those enactments shall apply as if the order had been made on a complaint thereunder. (2) An order made on complaint under any of those enactments may be enforced as an order of affiliation. (3.) A certificate purporting to be under the hand of the inspector or an assistant inspector of reformatory and industrial schools, or in the case of a day industrial school of the c. 117. 29 & 30 Vict. c. 118. A.D. 1901 superintendent of such school or an officer of the managers, or of the superintendent of the school in the case of any school established under a local Act, stating that any sum due from a parent or other person for the maintenance of a child or young person is overdue and unpaid shall be evidence of the facts stated therein. Appeals against orders for mainte nance. Contributions by County councils. Contracts with school managers for weekly payments. (4.) Where a parent or other person has been ordered under this section or under any of the enactments mentioned therein to contribute to the support and maintenance of a child or young person, he shall give notice of any change of address to the inspector of reformatory and industrial schools or his agent, or in the case of any such school established under a local Act to the superintendent of the school, or in the case of a day industrial school to the superintendent of such school or an officer of the managers, and if he fails to do so, without reasonable excuse, he shall be liable on summary conviction to a fine not exceeding twɔ pounds. 7.-(1.) Where an order is made under this Act on a parent or other person liable to maintain a child or young person, the order shall be served in the prescribed manner on the person on whom it is made, and shall be binding on him unless he makes an application against it within the prescribed time to the court on the ground either that he is not legally liable to maintain the child or young person, or that he is unable to contribute the sum specified in the order. (2.) The court may confirm the order with or without modifications, or may rescind it. (3.) Any such order may be enforced as an order of affiliation. 8. A county council which has contributed to the support of a child or young person in a reformatory or industrial school may contribute to the ultimate disposal of the child or young person. 9. Where a local authority acting in pursuance of the Acts relating to reformatory or industrial schools, or the Elementary Education Acts, 1870 to 1900, agree to contribute a weekly payment towards the maintenance of any child in any reformatory or industrial school, the requirements of the first proviso to section twelve of the Industrial Schools Act, 1866, and section twenty-eight of the Reformatory Schools Act, 1866, and of section fourteen 36 & 37 Vict. of the Elementary Education Act, 1873 (relating to previous notice of intention to contribute) shall not apply to such contribution. c. 86. regulating the procedure under this Act, and A.D. 1901. for prescribing anything which may under this Act be prescribed. 11. In this Act the expressions "child," Definitions. "young person," and "guardian" have respectively the same meanings as in the Summary Jurisdiction Act, 1879, except that the expression "guardian" includes the guardian of a young person as well as the guardian of a child. court in offender ment. 12. In Scotland, if upon the hearing of a Power of charge against a child or young person for an Scotland to offence punishable on summary conviction discharge under any Act, whether past or future, the youthful court think that though the charge is proved without the offence was in the particular case of so punishtrifling a nature that it is inexpedient to inflict any punishment or any other than a nominal punishment, the court, without proceeding to conviction, may dismiss the charge, and if the court think fit may order the person charged to pay such damages not exceeding forty shillings, and such costs, or either of them, as the court think reasonable. convictions 13.-(1.) In Scotland, in addition to any Register of other register required by law, a separate of youthful register of convicted youthful offenders shall offenders in be kept for every summary court by the chief Scotland. constable or other person charged with the duty of keeping registers of convictions. (2.) This register shall apply to offenders of such age, and shall include such particulars, as may be directed by the Secretary for Scotland. (3.) It shall be the duty of the keeper of the register, within three days after each conviction of an offender under fourteen years of age recorded therein, to transmit a copy of the entry relating to the offender to the clerk of the school board for the burgh or parish in which the offender resides. A.D. 1901. 31 & 32 Vict. c. 25. Application said section shall be construed and have effect as if section one of this Act were substituted for the provisions of the said section hereby repealed." (2.) The Industrial Schools Acts Amend. ment Act, 1894, shall extend to Ireland with the following modifications: (a) The Industrial Schools Act (Ireland), 1868, shall be substituted for the Industrial Schools Act, 1866, and in particular sections twenty-one and twenty-seven of the former Act shall be substituted for sections twenty-seven and thirty-four respectively of the latter Act; (b) The Chief Secretary shall be substituted for the Secretary of State; (c) The passing of this Act shall be substituted for the passing of the said Act of 1894. 16. This Act, except the provisions thereof to Scotland. relating exclusively to Ireland, shall extend to Scotland with the modifications following, namely: 27 & 28 Vict. c. 53. (a) The Secretary for Scotland shall be substituted for the Secretary of State; (b) The High Court of Justiciary shall be substituted for the court of assize; (c) The county council or the town council of a burgh, (including a police burgh,) shall be substituted for the council of a county or borough; (d) Section thirty-three of the Summary Procedure (Scotland) Act, 1864, shall be substituted for section twenty-nine of the Summary Jurisdiction Act, 1879; (e) Theft shall be substituted for felony; (f) A decree for aliment shall be substituted for an order of affiliation; (g) The provision as to an appeal by a parent or guardian to quarter sessions shall not apply. But where a child or young person is charged before a court of summary jurisdiction other than a sheriff or stipendiary magistrate, and it appears to such court that proceedings under this Act should be taken against the parent or guardian of such child or young person, the court may remit the further proceedings in the case to the sheriff to be dealt with by him under this Act, and a court of summary jurisdiction other than a sheriff or stipendiary magistrate shall have no jurisdiction against the parent or guardian in respect of any offence constituted by this Act; (h) The words "under a warrant of poinding and sale, and in default of recovery of sufficient goods by," shall be substituted for the words "by distress, or" in subsection five of section two of this Act; (i) Section eight of the Summary Jurisdic- A.D. 1991. tion (Scotland) Act, 1881, shall be substi- 44 & 45 Vict. tuted for section twenty-one of the Sum- c. 33. mary Jurisdiction Act, 1879. to Ireland. 17. This Act, except the provisions thereof Application relating exclusively to Scotland, shall extend to Ireland, with the modifications following, namely: (1.) Save as herein-after mentioned the Summary Jurisdiction Over Children 47 & 48 Vict. (Ireland) Act, 1884, shall be substituted c. 19. for the Summary Jurisdiction Act, 1879, and in particular section seven of the former Act shall be substituted for section sixteen of the latter Act; (2.) Section twenty-five of the Irish Reformatory Schools Act, 1868, shall be substituted for section twenty-one of the Summary Jurisdiction Act, 1879; (3.) The Industrial Schools Act (Ireland), 31 & 32 Vict. 1868, shall be substituted for the Indus- c. 25. trial Schools Act, 1866, and in particular sections twelve, thirteen, and thirty of the former Act shall be substituted for sections nineteen, fifteen, and forty respectively of the latter Act; (4.) The Irish Reformatory Schools Act, 31 & 32 Vict. 1868, shall be substituted for the Refor- c. 59. matory Schools Act, 1866, and in particular sections twenty-three and twentyfour of the former Act shall be substituted for sections twenty-five and twenty-six respectively of the latter Act; (5.) An order for maintenance under this Act may be enforced in the manner provided by section twenty-five of the Irish Reformatory Schools Act, 1868; (6.) The procedure regulating appeals under the Summary Jurisdiction Acts shall apply in the case of an appeal under section seven of this Act; (7.) The Chief Secretary shall be substituted for the Secretary of State; (8.) The Inspector and Assistant Inspector (9.) Any reference to a school board or to (11.) Payments required by this Act to be Appropriation of Grants. 3. Appropriation of sums voted for supply services. 4. Treasury may, in certain cases of exigency, authorise expenditure unprovided for; provided 5. Sanction for navy and army expenditure for 1899-1900 unprovided for. 6. Declaration required in certain cases before receipt of sums appropriated. SCHEDULES. An Act to apply a sum out of the Con- two, and to appropriate the Supplies Most Gracious Sovereign, borrow. 2. The Treasury may borrow from any Power for person, and the Bank of England and the the TreaBank of Ireland may advance to the Trea- sury to sury on the credit of the said sum, any sum or sums not exceeding in the whole the sum of eighty-six million seven hundred and fiftysix thousand two hundred and eighty-five pounds, and the Treasury shall repay the moneys so borrowed, with interest not exceeding five pounds per centum per annum, out of the growing produce of the Consolidated Fund at any period not later than the next succeeding quarter to that in which the said moneys were borrowed. |