HC Deb 14 April 1948 vol 449 cc1098-100

(1) Where a person in whose case an approved school order has been made is brought before a court of summary jurisdiction under Section eighty-two of the Children and Young Persons Act, 1933, or paragraph 8 of the Fourth Schedule to that Act (which relate respectively to absconders and persons guilty of serious misconduct), the court may, subject to the following provisions of this Section—

  1. (a) in any case, either make a new approved school order in his case, or order him to be taken back to the school and extend the period of his detention under the original order by such period not exceeding six months as the court may determine;
  2. (b) if he has attained the age of sixteen years, sentence him to Borstal training.

(2) An order under paragraph (a) of the last foregoing Subsection extending the period of detention under an approved school order shall have effect notwithstanding any limitation imposed by the Children and Young Persons Act, 1933, upon the period for which a person may be detained in an approved school; and in relation to a new approved school order made under that paragraph, Sections seventy-one, seventy-three and seventy-four of that Act (which relate to the period of detention under approved school orders and to supervision and recall) shall have effect as if for any reference therein to the age of nineteen years there were substituted a reference to the age of nineteen years and a half.

(3) Subject as hereinafter provided, His Majesty may by Order in Council prohibit courts of summary jurisdiction from making orders under paragraph (b) of Subsection (1) of this Section, and any such Order in Council may be limited to persons of one of the sexes, and, whether so limited or not, may be made so as to apply either to any persons ordered to be detained in approved schools or only to persons ordered to be so detained otherwise than for an offence: Provided that no Order in Council shall be made under this Subsection until the Secretary of State is satisfied that adequate methods, other than Borstal training, are available for dealing with the persons to whom the Order relates.

(4) A draft of any Order in Council under the last foregoing Subsection shall be laid before Parliament, and the draft shall not be submitted to His Majesty in Council unless each House of Parliament presents an Address to His Majesty praying that the Order be made.—[Mr. Ede.]

Brought up, and read the First time.

10.30 p.m.

Mr. Ede

I beg to move, "That the Clause be read a Second time."

This new Clause is moved in accordance with an undertaking I gave to my hon. Friend the Member for Chesterfield (Mr. Benson) in Committee. Its effect is to consolidate the provisions relating to the powers of courts of summary jurisdiction to deal with absconders from approved schools and persons found guilty of serious misdemeanour in approved schools. It provides that Orders in Council may be made prohibiting courts of summary jurisdiction from sentencing to Borstal training in such cases if the Secretary of State is certain that adequate methods other than Borstal training are available for dealing with persons to whom the Order relates. There has been a misgiving on the part of many hon. Members on both sides of the House with regard to what happens to young persons who are sent to approved schools, sometimes without having committed an offence, and then, through a breach of -discipline at the approved school, find themselves ultimately in a Borstal institution. This point was very carefully considered by the Committee. I undertook to deal with it on Report stage, and I think the new Clause fully covers the pledges I gave.

Clause read a Second time, and added to the Bill.