Page:Criminal Law Act 1977.pdf/33

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35. In section 6 of the Children and Young Persons Act 1969 (summary trial of young persons), after subsection (1) there shall be inserted—
 * “(1A) Where, in a case falling within subsection (1)(b) above, a magistrates’ court commits a person under the age of seventeen for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if that other offence arises out of circumstances which are the same as or connected with those giving rise to the first-mentioned offence.”.

36.—(1) Paragraph 6 of Schedule 4 to the Children and Young Persons Act 1969 (which precludes the making of an attendance centre order in respect of a person under the age of seventeen in consequence of a default within the meaning of the Criminal Justice Act 1961) shall not apply in the case of a default consisting in failure to pay, or want of distress to satisfy, a sum adjudged to be paid by a conviction.

(2) Where a magistrates’ court would, but for the statutory restrictions upon the imprisonment of young offenders, have power to commit to prison a person under the age of seventeen for a default consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—
 * (a) an order requiring the defaulter’s parent or guardian to enter into a recognisance to ensure that the defaulter pays so much of that sum as remains unpaid; or
 * (b) an order directing so much of that sum as remains un- paid to be paid by the defaulter’s parent or guardian instead of by the defaulter.

(3) An order under subsection (2) above shall not be made in respect of a defaulter—
 * (a) in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;
 * (b) in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.

(4) None of the following orders, namely—
 * (a) an order under section 19(1) of the Criminal Justice Act 1948 for attendance at an attendance centre; or

B