CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 75 Care and protection considerations
CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 75
Care and protection considerations(1) If, when hearing an information against a young person, the court is satisfied that the young person should be dealt with under Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action), the court may—
(a) dismiss the information; or
(b) adjourn the proceeding for a period not exceeding 15 days.
(2) If the court acts under subsection (1) in relation to a proceeding it must, as soon as practicable, but in any event not later than 2 working days after the day it acts, give a statement of the reasons for the action to the chief executive and the community advocate which contains the following information about the proceeding:
(a) if the proceeding has been adjourned—the reason the proceeding was adjourned;
(b) the circumstances of which the court is aware which led to the young person coming before the court;
(c) the factors that satisfied the court that the young person should be dealt with under Chapter 7, Part 3.
(3) The court may, if it proposes to adjourn a proceeding, make an order placing the young person who is the subject of the proceeding in the physical care of the chief executive or an officer, or into the physical care of a police officer for delivery to the chief executive or an officer, if the court is of the opinion that—
(a) if the young person were convicted as a result of the proceeding—it would be appropriate to make an order under section 96 (other than under paragraph 96 (1) (a), (b) or (g), an order imposing a fine or an order for reparation) in relation to him or her; or
(b) the immediate release of the young person would not be in his or her best interests.
(4) If the court makes an order under subsection (3) in relation to a proceeding, the chief executive has parental responsibility for the young person who is the subject of the proceeding as if he or she had taken emergency action in relation to him or her and must—
(a) approve the existing arrangements for the care and protection of the young person; or
(b) cause suitable arrangements for the care and protection of the young person to be made.
(5) The chief executive must treat a statement of reasons provided to him or her under subsection (2) as if it were a report made under section 159 (Mandatory reporting).
(6) If—
(a) a proceeding has been adjourned under subsection (1); and
(b) the court has provided the chief executive with a statement of reasons under subsection (2) about the action of the court;
the chief executive must, within 15 days after the day the court acts under subsection (1), give notice in writing to the community advocate and the court—
(c) of the action he or she has taken, is taking or proposes to take under Chapter 7 (Children and young people in need of care and protection), Part 3 (Care and protection orders and emergency action) in relation to the young person who is the subject of the proceeding; or
(d) if the chief executive proposes to take no action—that he or she proposes to take no action under Chapter 7, Part 3 in relation to the young person.
(7) The chief executive will be taken to have complied with subsection (6) in relation to a proceeding that has been adjourned under subsection (1) if—
(a) the chief executive files an application under Chapter 7, Part 3 in relation to the young person who is the subject of the proceeding; and
(b) serves a copy of that application on the community advocate.
(8) When a proceeding adjourned under subsection (1) comes before the court again, the court must—
(a) if the chief executive has given the court notice under paragraph (6) (c) and the court is satisfied that taking the action mentioned in the notice is in the best interests of the young person—dismiss the proceeding; or
(b) if the chief executive has given the court notice under paragraph (6) (d) and the court is satisfied that it is in the best interests of the young person that the chief executive take no action—dismiss the proceeding; or
(c) if the chief executive has made an application under Chapter 7, Part 3 in relation to the young person—dismiss the proceeding; or
(d) in any other case—make such further order or take such further action in relation to the information that is the subject of the proceeding as the court considers appropriate.