HC Deb 07 December 1976 vol 922 cc107-8W
Mr. Greville Janner

asked the Secretary of State for the Home Department whether he will introduce legislation to give greater powers to courts to make compensation orders against parents of young people who cause damage to property.

Mr. John

The Criminal Law Bill recently introduced in another place provides that where a juvenile fails to pay certain sums, including compensation, imposed on him by a court order, the court may, subject to certain safeguards, order the defaulter's parent to pay the sum outstanding or to ensure payment on the part of the juvenile.

This does not affect the existing power under Section 55 of the Children and Young Perasons Act 1933 which provides that a court, when ordering financial compensation, must in the case of an offender aged under 14, and may, in the case of young people aged 14–16, order the parent to pay unless satisfied that he did not conduce to the offence by neglecting to exercise due care or control.

Mr. Greville Janner

asked the Secretary of State for the Home Department whether he will advise magistrates to make compensation orders in all cases of vandalism involving damage to school property.

Mr. John

No. This, like other matters relating to sentence, must be a matter for the discretion of the court in the individual case. Magistrates are encouraged—for example, by the Lord Chancellor on a number of occasions recently—to make use of their powers to order compensation whenever it is appropriate to do so.

Mr. Greville Janner

asked the Secretary of State for the Home Department whether he will seek to increase the penalties imposed on those who cause damage to school property.

Mr. John

There is no separate offence of damaging school property. The Criminal Law Bill which has been introduced in another place proposes substantial increases in the maximum fines imposable on summary conviction of offences of criminal damage. The Bill also raises the maximum fines imposable on juveniles for any offence.

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