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38 Medico-Legal J. 1 (1970)

handle is hein.journals/medlgjr38 and id is 1 raw text is: 









THE MEDICO-LEGAL


                    JOURNAL

                                Founded igoi


Vol. 38                           1970                          Part One


                             EDITORIAL
                   The Children and Young Persons Act 1969
  The Children and Young Persons Act 1969, which applies to children under 14
  and young persons between 14 and 17 years of age, came into force on January 1,
  1970. It carries further the humanity and flexibility of previous Acts, with increas-
  ing emphasis on social, rather than penal management of children in trouble. It
  covers all circumstances, including breach of the law, in which the young may
  require care or supervision. While ultimate power of disposal lies in the juvenile
  court, informal measures are encouraged whenever feasible.
     Only a qualified informant may lay information before a juvenile court. An
  informant is a police officer or official of a local authority, such as a child care
  officer. The informant shall not lay information in respect of an offence if he is
  of opinion that it could be settled by a parent, teacher or other person, or by
  means of a caution from a constable (s. 5 (2)). The informant must tell the local
  authority that he is considering laying an information and must await observations
  on the case.
     Care and other treatment of juveniles through court proceedings may be
  ordered under section 1 (2) of the Act if the court is satisfied that
  (a) his proper development is being avoidably prevented or neglected or his
      health is being avoidably impaired or neglected or he is being all-treated; or
  (b) it is probable that the conditions set out in the preceding paragraph will be
      satisfied in this case, having regard to the fact that the court or another court
      has found that the condition is or was satisfied in the case of another child
      or young person who is or was a member of the household to which he
      belongs; or
  (c) he is exposed to moral danger; or
  (d) he is beyond the control of his parent or guardian; or
  (e) he is of compulsory school age within the meaning of the Education Act 1944
      and is not receiving efficient full-time education suitable to his age, ability
      and aptitude; or
  (f) he is guilty of an offence, excluding homicide.