§ PROVISIONS WITH RESPECT TO APPROVED SCHOOLS AND PERSONS SENT THERETO.
§ Treatment of pupils.
§ 16.—(1) A person sent to an approved school shall after the expiration of the period of his detention be under the supervision of the managers of his school—
- (a) if at the expiration of that period he has not attained the age of fifteen years, until he attains the age of eighteen years:
- (b) if he has at the expiration of that period attained the age of fifteen years, for a period of three years or until he attains the age of twenty-one years, whichever may be the shorter period.
§ (2)The managers may, and, if the Secretary of State so directs, shall, by notice in writing recall to the school any person under their supervision who is at the date of the recall under the age of nineteen years:
§ Provided that a person shall not be so recalled unless in the opinion of the managers, or, as the case may be, of the Secretary of State, it is necessary in his interests to recall him.
§ (3)A person who has been so recalled shall be released as soon as the managers think that he can properly be released, and in no case shall he be detained—
- (a) after the expiration of a period of three months, or of such longer period not exceeding six months as the Secretary of State may, after considering the circumstances of his case, direct; or
- (b) after attaining the age of nineteen years.
§ (4) The managers shall forthwith notify the Secretary of State of the recall of any person and shall state the reasons for his recall, and when the managers release any person so recalled they shall forthwith notify the Secretary of State that they have done so.
§ (5) For the purposes of this Act a person who is out under supervision from an approved school shall be deemed to be under the care of the managers of the school.
§ (6) Nothing in this paragraph fixing by reference to a person's age or otherwise the date at which he is to be released from an approved school, shall be construed as affecting the provisions of this Schedule relating to persons guilty of misconduct in schools or of escaping, running away, or refusing to return.
§ Offences.
§ 21.—(4) if any person knowingly—
- (a) assists or induces a person to commit any such offence as is mentioned
810 in sub-paragraph (1) of this paragraph; or - (b) harbours or conceals a person who has committed such an offence, or prevents him from returning,
§ LORD BANBURY OF SOUTHAM moved to leave out paragraph 16. The noble Lord said: That paragraph says that a person sent to an approved school shall, after the expiration of the period of his detention, be under the supervision of the managers of his school, and so on. I really do not see the object of spending more money upon seeing that a young man is under the supervision of the managers of a school until he attains the age of twenty-one years. It seems to me absolutely absurd.
§
Amendment moved—
Page 67, line 34, leave out paragraph 16.—(Lord Banbury of Southam.)
§ THE EARL OF LUCANThis paragraph reproduces the principle of a clause in the Children Act, 1908. It has always been considered necessary, to complete the course of training of a young person, to have him under complete supervision, so that he may take advantage of the treatment he has received. All the authorities are in favour of this course, and the Government hope the Amendment will not be pressed.
§ LORD BANBURY OF SOUTHAMThe authorities are always in favour of anything which gives them power and enables them to spend money. I am afraid that does not appeal to me at all. But it is twenty minutes past seven o'clock, and probably the only people who are here are members of the Government and people who hope to be members of the Government. In the circumstances I do not think it is worth while dividing. I can do it on the Report stage.
§ Amendment, by leave, withdrawn.
§ VISCOUNT BERTIE OF THAME moved, at the end of paragraph 21 (4), to insert "or to both such imprisonment and fine." The noble Viscount said: In most Acts it is usual, where there is an alternative punishment of imprisonment or fine, to put in a proviso that the culprit shall be liable to both. It has been left out in 811 this case, and, as it is rather a serious offence which is being dealt with, I hope the usual practice will be continued.
§
Amendment moved—
Page 70, line 25, at end insert the said words.—(Viscount Bertie of Thame.)
§ On Question, Amendment agreed to.
§ VISCOUNT SNOWDENThe next Amendments standing on the Order Paper hardly need an explanation. I beg to move.
§
Amendments moved—
Page 70, line 36, at end insert:
("22.—(1) Where a child or young person has been ordered to be sent to an approved school, any person who harbours or conceals him after the time has come for him to go to his school shall on summary conviction be liable to be imprisoned for any term not exceeding two months, or to a fine not exceeding twenty pounds.
(2) Where a person authorised to take a child or young person to an approved school is, when the time has come for him to go to his school, unable to find him or unable to obtain possession of him, a court of summary jurisdiction may, if satisfied by information on oath that some person named in the information can produce the child or young person, issue a summons requiring the person so named to attend at the court on such day as may be specified in the summons and produce the child or young person and, if he fails to do so without reasonable excuse, he shall, in addition to any other liability to which he may be subject under the provisions of this Act, be liable on summary conviction to a fine not exceeding five pounds.")
§ Page 70, line 41, at end insert ("or, with the consent of the Scottish Education Department, to the care of the managers of a school in Scotland which is an approved school within the meaning of the Children and Young Persons (Scotland) Act, 1932.")
§
Page 70, line 44, at end insert:
("(3) Where a person is transferred under the preceding provisions of this paragraph to the care of the managers of a school in Scotland, the provisions of this Act relating to contributions by parents, guardians and others, and local authorities, shall apply in respect of him as if the school in Scotland were an approved school within the meaning of this Act, and if under the law in force in Scotland he is retransferred to the care of the managers of a school in England which is an approved school within the meaning of this Act, this Act shall have effect in relation to the retransfer as if it were a transfer under this paragraph from the care of the managers of one approved school in England to the care of the managers of another approved school in England.")
§ Page 71, line 20, leave out from "shall") to the end of line 22, and insert ("where 812 practicable select a school for persons of the religious persuasion to which he belongs")
§ Page 71, line 33, after ("persuasion,") insert ("and notwithstanding any declaration with respect thereto embodied in the approved school order, if any, relating to him").—(Viscount Snowden.)
§ On Question, Amendments agreed to.
§ First Schedule, as amended, agreed to.
§ Second Schedule [Minor and Consequential Amendments of Principal Act]:
§
Amendment moved—
Page 72, line 20, leave out ("forty-eight hours") and insert ("seven days").— (The Earl of Malmesbury.)
§ On Question, Amendment agreed to.
§ VISCOUNT SNOWDENThe next is a drafting Amendment.
§
Amendment moved—
Page 78, line 26, leave out ("has") and insert ("had").—(Viscount Snowden.)
§ On Question, Amendment agreed to.
§ Second Schedule, as amended, agreed to.
§ Third and fourth Schedules agreed to.
§ Fifth Schedule: