DETENTION OF CHILD OR YOUNG PERSON IN PLACE OF SAFETY (Hansard, 15 October 1969)

§ Mr. Elystan Morgan
I beg to move, That this House doth agree with the Lords in the said Amendment.

§ Mr. Speaker
With this Amendment we shall take the following Lords Amendments: Nos. 34, 35, 36, 37, 38 and 39.

§ Mr. Elystan Morgan
All these Amendments deal with children charged with homicide. A child under 14 years of age is dealt with under Clause 26(4). If he is not released the police are required to arrange his detention in a place of safety. Except in a case of homicide, any proceedings brought will be care proceedings. When the child is brought before a court, if the court does not release him it will make an interim order. Clause 27 deals with the arrest of young persons for an offence. Since proceedings will normally be criminal proceedings, the Clause provides that if they are not released they are to be brought before a court with a view to remand.
The object of the Amendments is to exclude children under 14 arrested for homicide from Clause 26, which is the Clause appropriate to care proceedings, and to include them in Clause 27, which is the Clause appropriate to criminal proceedings. This is a consequence of retaining the prosecution of children under 14 for homicide.
As regards the places in which children can be detained, as opposed to the circumstances justifying the authority for detention, there is no significant difference between the two Clauses.

§ Mr. Carlisle
I had intended to ask no questions on this point, but, having listened to the Under-Secretary, I must 469 ask him whether the Government have considered the transitional position. It is the intention to raise to 12 at the first stage the age of those who will not be prosecuted. Presumably the child who is still a child but who is 13 years of age could come within the provisions of Section 27. Is that so?

§ Mr. Elystan Morgan
The answer——

§ Mr. Speaker
Order. If the hon. Member wishes to reply he must seek the leave of the House.

§ Mr. Elystan Morgan
I am sorry, Mr. Speaker, I thought that I was intervening with your consent and that of the House. If I may have the leave of the House I should like to assure the hon. Member that this point has been seen and that we deal with the matter correctly.