The Children & Young Persons Act, 1938
| Author | A. Maxwell |
| Date | 01 November 1938 |
| Published date | 01 November 1938 |
| DOI | 10.1177/026455053800300308 |
| Subject Matter | Articles |
43
THE CHILDREN &
YOUNG PERSONS ACT, 1938
HOME OFFICE,
(iii) While the court is empowered to attach con-
WHITEHALL.
ditions to a probation order made in respect of an
offender, it has no
I4
th
September, I938.
power to attach similar require-
ments to a
811,780
supervision order. Section 4 ( 1 ) assimi-
lates supervision orders to probation orders in this
’
Juvenile Courts : new powers.
respect, and the court is empowered to insert in any
z. The Children and Young Persons Act, 1938,
supervision order such provisions (including pro,
which amends the principal Act of
visions
1933, will come
determining the place at which the child or
into force on it October next.
The Secretary of
young person is to reside) as the court may consider
State thinks that the following account of the main
necessary in any particular case.
provisions of the new measure will be helpful to
It is
justices, particularly those who sit in juvenile
to be observed that
courts.
any provision with
respect to residence shall cease to have effect when
the
2. The Act enlarges the powers of the juvenile
boy or girl to whom it relates, reaches the age
counts and renders their procedure
of
more flexible in
eighteen, and that no such provision may be
made in relation to a
a number of ways which the experience of the last
young person without that
five
person’s consent.
The reason for
years has shown to be desirable.
Broadly
requiring this
speaking, it
consent is that it is desirable when a
may be said to have a three-fold
boy or girl has
reached fourteen
purpose : -
years of age that there should be
an explicit undertaking by the boy or girl to reside
(i) To exitend and to make more uniform the
in the place chosen by the court. In certain other
powers of juvenile courts in dealing with different
respects the supervision order is assimilated to the
groups of boys and girls appearing before them :
probation order, that is to say, a boy or girl shall
not be
(ii) To amend the
required to reside in an institution not sub-
provisions of section 45 of
the...
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