HC Deb 25 October 1984 vol 65 cc866-7

Lords amendment: No. 96, in page 29, line 10, after

"Where" insert "(a)"
Mr. Shaw

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this we are to discuss Lords amendment No. 97.

Mr. Shaw

These amendments permit the custody officer to detain a person who returns to the police station to answer to police bail for the purposes of charging him. I commend them to the House.

Question put and agreed to.

Lords amendments Nos. 97 and 98 agreed to.

Lords amendment: No. 99, in page 30, line 4, leave out informed that he may be liable to prosecution and".

Mr. Shaw

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to discuss Lords amendments Nos. 100 and 101.

Mr. Shaw

These amendments provide for the situation in which a person is dealt with either by a formal caution or by no further action being taken. I commend them to hon. Members.

Question put and agreed to.

Lords amendments Nos. 100 and 101 agreed to.

Lords amendment: No. 102, in page 30, line 23, at end insert— (10A) It shall also be the duty of the custody officer—

  1. (a) to take such steps as are practicable to ascertain the identity of a person responsible for the welfare of the arrested juvenile; and
  2. (b)if—
    1. (i) he ascertains the identity of any such person; and
    2. (ii) it is practicable to give that person the information which subsection (10) above requires the custody officer to give to the arrested juvenile,
to give that person the information as soon as it is practicable to do so.

(10B) For the purposes of subsection (10A) above the persons who may be responsible for the welfare of an arrested juvenile are—

  1. (a) his parent or guardian; and
  2. (b) any other person who has for the time being assumed responsibility for his welfare.

(10C) If it appears to the custody officer that a supervision order, as defined in section 11 of the Children and Young Persons Act 1969, is in force in respect of the arrested juvenile, the custody officer shall also give the information to the person responsible for the arrested juvenile's suppervision, as soon as it is practicable to do so."

Mr. Shaw

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment requires the police to inform someone responsible for a juvenile's welfare, as well as the juvenile himself, of the fact that a prosecution decision falls to be taken under section 5(2) of the Children and Young Person's Act 1969. That section has not been brought into effect and there are no plans to do so. It follows that clause 35(10) will also be left in abeyance.

The amendment honours an undertaking given in the other place, and I commend it to the House.

Question put and agreed to.

Lords amendments Nos. 103 to 105 agreed to.

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