HL Deb 24 July 1968 vol 295 cc1216-9

[Nos. 58–95.]

Clause 37, page 24, line 16, at end insert— ( ) A child shall not continue to be detained under the last foregoing subsection—

  1. (a) where the reporter considers the child does not require compulsory measures of care, or
  2. (b) after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
  3. (c) for a period exceeding seven days".

Clause 37, page 24, line 18, leave out "the last foregoing subsection" and insert "subsection (2) of this section".

Clause 37, page 24, line 18, after "40(3)", insert "or 47(1)".

Clause 37, page 24, line 20, after "shall" insert "wherever practicable".

Clause 37, page 24, line 21, leave out "on" and insert "not later than in the course of".

Clause 37, page 24, line 31, after "renewed insert "on one occasion only".

Clause 37, page 24, line 33, leave out subsection (5) and insert— (5) In this section any reference to a justice of the peace includes a reference to a sheriff and to a magistrate".

Clause 39, page 25, line 25, at end insert— ( ) Where the reporter has decided that no further action on the case is required or has taken action in pursuance of subsection (2) of this section he shall not thereafter take action under subsection (3) of this section in relation to the same facts.

Clause 40, page 25, line 30, at beginning insert "Without prejudice to the provisions of section 42(1) of this Act"

Clause 40, page 25, line 36, after second "case" insert "in whole or in part"

Clause 40, page 25, leave out "and determined"

Clause 40, page 25, line 42, leave out subsections (4) to (6) and insert—

"(4) For the purpose of the last foregoing subsection, or where a child fails to attend at any hearing of his case, a children's hearing may, at the instance of the reporter on cause shown, or, as the case may be, of their own motion, issue a warrant for the apprehension of the child if satisfied of the necessity for such a course, and any warrant so issued shall be authority for bringing him before a children's hearing and for his detention in a place of safety.

(5) A child shall not continue to be detained under the last foregoing subsection—

  1. (a) after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
  2. (b) for a period exceeding seven days.

(6) Where a child is apprehended in pursuance of subsection (4) of this section, and he cannot immediately be brought before a children's hearing, the reporter shall, wherever practicable, arrange a children's hearing to sit not later than in the course of the first lawful day after the apprehension of the child.

(7) Where a children's hearing, before whom a child is brought are unable to dispose of his case and have reason to believe that the child may not attend at any hearing of his case or at any proceedings arising from the case or may fail to comply with a requirement under section 43(4) of this Act, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.

(8) On cause shown a warrant authorising detention under the last foregoing subsection for securing the attendance of a child at the hearing of his case, or at any proceedings arising from his case, may be renewed on one occasion only for the period mentioned in that subsection on the application of the reporter.

(9) A warrant of apprehension issued under this Part of this Act may be executed in like manner as a warrant of apprehension of an accused person issued by a court of summary jurisdiction, and any enactment relating to the execution of a warrant of apprehension issued by a court of summary jurisdiction shall, with any necessary modifications, apply in relation to the execution of a warrant of apprehension issued under this Part of this Act as it applies to a warrant of apprehension issued by a court of summary jurisdiction."

Clause 42, page 27, line 5, leave out "have been" and insert "are".

Clause 42, page 27, line 7, at end insert— ( ) It shall be the duty of the chairman of a children's hearing who have made a direction under the last foregoing subsection to explain to the child and his parent the pur- pose for which the application to the sheriff is being made and to inform the child that he is under an obligation to attend the hearing of the application, and where a child fails to attend at the hearing of the application the sheriff may issue a warrant for the apprehension of the child and any warrant sc issued shall be authority for bringing him before the sheriff and for his detention in a place of safety until the sheriff can hear the application, but a child shall not be detained under this subsection for a period exceeding seven days or after the sheriff has disposed of the application.

Clause 42, page 27, line 8, leave oft "the last foregoing subsection" and insert "subsection (2) of this section".

Clause 42, page 27, line 9. after "chambers" insert "within twenty-eight days of the lodging of the application".

Clause 42, page 27, line 13, leave out subsection (4).

Clause 42, page 27, line 17, leave out "grounds have not" "and insert" none of the of which the application has been made has".

Clause 42, page 27, line 19, at end insert "in respect of those grounds".

Clause 42, page 27, line 21, after "that" insert "any of".

Clause 42, page 27, line 22, leave out "have" and insert "has".

Clause 42, page 27, line 26, leave out "case" and insert "application".

Clause 42, page 27, line 29, leave out from "Where" to second "a" in line 30.

Clause 42, page 27, line 35, leave out from "shall" to end of line 37 and insert ", unless they decide to discharge the referral, direct the reporter to make application to the sheriff for a finding as to whether any of the grounds for the referral have been established, and the provisions of this section relating to an application to the sheriff under subsection (2)(c) thereof shall apply as they apply to an application under that subsection."

Clause 43, page 28, line 7, leave out from "aforesaid" to end of line 18 and insert "a children's hearing may require a child to attend or reside at any clinic, hospital or establishment during a period not exceeding 21 days.

(5) Where a child fails to fulfil a requirement made in pursuance of the last foregoing subsection it shall be the duty of the reporter to arrange a children's hearing to consider the issue of a warrant for his detention under section 40 of this Act."

Clause 44, page 28, line 31, at end insert "and the place may be a place in England or Wales where arrangements have been made in that behalf."

Page 29, line 4, leave out "sitting in" and insert "for".

Clause 45, page 29, line 23, leave out "shall" and insert "may".

Clause 47, page 30, line 11, leave out "within a stated period".

Clause 47, page 30, line 15, at beginning insert "Unless the context otherwise requires,".

Clause 48, page 30, line 23, leave out from "recommends" to end of line 24.

Clause 48, page 30, line 28, after "making" insert "or continuing".

Clause 49, page 31, line 22 leave out from "to" to the end of line 23 and insert "the children's hearing for reconsideration of their decision or discharge the child from any further hearing or other proceedings in relation to the grounds for the referral of the case".

Clause 49, page 31, line 26, leave out "further appeal against that decision" and insert "appeal against a decision to continue the supervision requirement, which was the subject of that appeal, made on a subsequent review".

Clause 49, page 31, line 32, at end insert— ( ) Where a child or his parent appeals under this section against a decision of a children's hearing in relation to a supervision requirement the child or his parent may make application to a children's hearing for the suspension of the requirement appealed against, and it shall be the duty of the reporter forthwith to arrange a children's hearing to consider the application and thereafter the hearing may grant or refuse the application.

Clause 50, page 31, line 34, leave out "with leave of the sheriff" and insert "by way of stated case on a point of law, or in respect of any irregularity in the conduct of the case".

Clause 50, page 31, line 37, at end insert "or further".

Clause 50, page 31, line 39, leave out subsection (2).

11.3 p.m.

LORD HUGHES

My Lords, with the leave of the House I beg to move that this House doth agree with the Commons in their Amendments Nos. 58 to 95.

Moved, That this House doth agree with the Commons in the said Amendments (Nos. 58 to 95).—(Lord Hughes.)

On Question, Motion agreed to.