HL Deb 23 June 1938 vol 110 c256

Read 3a (according to Order).

Clause 6:

Power to deal with children and young persons who become in need of medical treatment while under detention.

6.—(1) Section thirty-three of the principal Act shall have effect as if in that section, after subsection (1) thereof, there were inserted the following subsection:— (1A) Where the period for which a child or young person has been remanded is extended by order of a court of summary jurisdiction under Section twenty of the Criminal Justice Administration Act, 1914 (which enables such a court to extend, in his absence, the period for which there has been remanded an accused person who, by reason of illness or accident, is unable to appear personally), then, if the child or young person is for the time being detained under an order having effect by virtue of this section, the court may, in the absence of the child or young person, correspondingly extend the period for which he is to be so detained.

THE EARL OF MUNSTER moved to leave out subsection (1). The noble Earl said: My Lords, I owe to Lord Amulree an apology for bringing up these Amendments at this late stage of the Bill. The first Amendment which stands in my name concerns subsection (1), which was originally inserted because some doubt was felt whether subsection (1) of Section 33 of the Children and Young Persons Act, 1933, applied in cases where the period of an original remand was extended by a further remand under Section 20 of the Criminal Justice Administration Act, 1914. I am now advised that this doubt was unfounded, and that under Section 33 of the Act of 1933 the court must commit a child to a remand home instead of to prison either when originally remanding the child or when further remanding him under Section 20 of the 1914 Act. The first subsection of Clause 6 of the Bill is therefore unnecessary, and I move that it be omitted.

Amendment moved— Page 5, line 1, leave out subsection (1)—(The Earl of Munster.)

On Question, Amendment agreed to.

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