Youthful Offenders Act 1901
| Jurisdiction | UK Non-devolved |
| Citation | 1901 c. 20 |
| Year | 1901 |
Youthful Offenders Act, 1901,
(1 Edw. 7.) CHAPTER 20.
An Act to amend the Law relating to Youthful Offenders and for other purposes connected therewith.
[17th August 1901]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Removal of disqualifications attaching to felony.
1. Where a child or young person, having been convicted of felony, is discharged in accordance with section sixteen of the Summary Jurisdiction Act, 1879, or the Probation of First Offenders Act, 1887, or otherwise, or is punished with whipping only, the conviction shall not be regarded as a conviction of felony for the purposes of section fifteen of the Industrial Schools Act, 1866, or of any disqualification attaching to felony.
2 Liability of parent or guardian in case of offence committed by child or young person.
(1)2.—(1.) Where a child or young person is charged with any offence for the commission of which a fine, damages or costs may be imposed upon him by a court of summary jurisdiction, and there is reason to believe that his parent or guardian has conduced to the commission of the alleged offence by wilful default or by habitually neglecting to exercise due care of him, the court may, on information, issue a summons against the parent or guardian of the child or young person charging him with so contributing to the commission of the offence.
(2) (2.) A summons to the child or young person may include a summons to the parent or guardian.
(3) (3.) The charge against the child or young person and the charge against the parent or guardian may be heard together, and for that purpose the proceedings against the child or young person may be adjourned.
(4) (4.) When, after hearing the case, any fine, damages or costs are imposed upon the child or young person, and the court is satisfied that his parent or guardian has conduced to the commission of the offence by wilful default or by habitually neglecting to exercise due care of him, the court may order that the fine, damages or costs shall be paid by the parent or guardian instead of by the child or young person, and may also order the parent or guardian to give security for the good behaviour of the child or young person.
(5) (5.) Any sums so imposed and ordered to be paid may be recovered from the parent or guardian by distress or imprisonment in manner provided by section twenty-one of the Summary Jurisdiction Act, 1879.
(6) (6.) A parent or guardian may appeal against an order made under this section to a court of quarter sessions.
(7) (7.) Where a parent or guardian is ordered by the court to pay fine, damages or costs, or to give security for the good behaviour of the child or young person, no further charge under this Act shall be brought against the parent or guardian in respect of any wilful default or habitual neglect to exercise due care of such child or young person prior to the making of such order, without prejudice to the liability of the parent or guardian for any subsequent wilful default or habitual neglect in respect of the same child or young person.
3 Limitation of costs.
3. Where a child or young person is ordered by a court of summary jurisdiction to pay costs in addition to a fine, the amount of the costs so ordered to be paid shall in no case exceed the amount of the fine, and, except so far as the court may think fit to expressly order otherwise, all fees payable or paid by the informant in excess of the amount of costs so ordered to be paid shall be remitted or repaid to him, and the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs.
4 Remand or committal to place other than person.
(1)4.—(1.) A court of summary jurisdiction, on remanding or committing for trial any child or young person, may, instead of committing him to prison, remand or commit him into the custody of any fit person named in the commitment who is willing to receive him (due regard being had, where practicable, to the religious persuasion of the child), to be detained in that custody for the period for which he has been remanded, or until he is thence delivered by due course of law, and the person so named shall detain the child or young person accordingly; and if the child or young person escapes he may be apprehended without warrant and brought back to the custody in which he was placed.
(2) (2.) The court may also exercise the like powers pending any inquiry concerning a child under section nineteen of the Industrial Schools Act, 1866 .
(3) (3.) The court may vary or revoke the remand or commitment, and, if it is revoked, the child or young person may be committed to prison.
(4) (4.) The council of any county or borough or a school board may defray the whole or any part of the expenses of the maintenance of children and young persons in custody under this section.
(5) (5.) Where a count makes an order under this section, the court may make an order on the parent or other person legally liable to maintain the child or young person, requiring that parent or person to pay, as a contribution towards the cost of maintaining the child or young person, such sum, not exceeding five shillings a week, as the court may think fit, during the whole or any part of the time of his custody. The payment shall be made to the inspector of reformatory and industrial schools, or to a constable or other person authorised by the inspector to receive the payment, and the money paid shall be applied under the direction of the Treasury towards the expenses incurred under this section.
(6) (6.) There shall be paid, out of moneys provided by Parliament, towards the cost of maintaining any child or young person when in custody under this section, such contribution as may be fixed by regulations made by the Secretary of State with the approval of the Treasury.
(7) (7.) Where a child or young person is placed in the custody of a fit person under this section, payments shall be made from the police fund of the place to which the child or young person is sent for his maintenance, in accordance with the regulations made by the Secretary of State; but the police fund shall be repaid through the inspector of reformatory and industrial schools out of the contribution so fixed.
5 Extension of power to commit to industrial school.
5. A court of assize or quarter sessions may exercise the like power of committing a child to an industrial school as may be exercised by two justices or a magistrate under section fifteen of the Industrial Schools Act, 1866, and the provisions of that Act shall be construed accordingly.
6 Recovery of expenses of maintenance from parent or person legally liable.
(1)6.—(1.) Where a court of summary jurisdiction makes an order that a child or...
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