Children (Jersey) Law 1969

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Jersey Law 16/1969

“CHILDREN (JERSEY) LAW, 1969”,

CONFIRME PAR

Ordre de Sa Majesté en Conseil

en date du 25 juin 1969

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(Enregistré le 8 août 1969)

ARRANGEMENT OF ARTICLES
PART I
INTRODUCTORY
Article
1.	Interpretation
2.	Provision of remand centres
PART II
EMPLOYMENT
	General provisions as to employment
3.	Power to make orders regarding employment of children
4.	Penalties and legal proceedings in respect of general provisions as to employment
	Performances
5.	Restriction on children under sixteen taking part in public performances etc.
6.	Supplementary provisions as to licences under Article 5
7.	Offences
8.	Power of entry
PART III
CHILDREN EXPOSED TO PHYSICAL AND MORAL DANGER
9.	Cruelty to children under sixteen
10.	Warrant to search for or remove child under seventeen
PART IV
PROTECTION OF CHILDREN IN RELATION TO JUDICIAL PROCEEDINGS (OTHER THAN MATRIMONIAL PROCEEDINGS)
	Juvenile offenders
11.	Age of criminal responsibility
12.	Punishment for offences involving sentence of death
13.	Punishment for serious offences
14.	Provisions relating to children sentenced pursuant to Article 12 or 13
15.	Restriction on imprisonment
16.	Borstal training
17.	Return to borstal institution on re-conviction
18.	Elimination of intermediate and short prison sentences
19.	Detention of offenders aged fourteen to twenty
20.	Detention of defaulters aged fourteen to sixteen
21.	Defaulters already in detention centres
22.	Consecutive terms and aggregate periods of detention
23.	Attendance at an attendance centre
24.	Power to send child offenders to approved schools or to commit them to fit persons
25.	Power to order parent or guardian to pay fine etc.
26.	Remand of children to remand centres
	Children in need of care, protection or control
27.	Meaning of “in need of care, protection or control”
28.	Power of Royal Court in respect of children in need of care, protection or control
	Ancillary provisions
29.	Supervision by probation officers or officers of the Committee
30.	Provisions as to orders of committal to fit persons
31.	Committal to Committee as “fit person”
32.	Return to family of persons committed to care of Committee
33.	Provisions as to custody of children in remand centres
34.	Provisions as to approved school orders
35.	Transfer of children to approved schools and detention centres and removal to place of safety
	Special procedure with regard to offences specified in First Schedule
36.	Power to proceed with case in absence of child under seventeen
37.	Extension of power to take deposition of child under seventeen
	Court Proceedings
38.	Constitituon of Juvenile Court
39.	Jurisdiction of Juvenile Court
40.	Procedure in Juvenile Court
41.	Miscellaneous provisions as to powers of Juvenile Court
42.	Attendance at court of parents of child brought before court
43.	Restriction on presence of persons in court during hearing of proceedings to which Part IV applies
44.	Restriction on newspaper and broadcast reports of proceedings to which Part IV applies
45.	Prohibition against children under seventeen being present in court during trial of other persons
46.	Power to clear court while child under seventeen is giving evidence in certain cases
47.	Evidence of child of tender years
48.	Power to prohibit publication of certain matter
PART V
PROTECTION OF CHILDREN OF PARTIES TO PROCEEDINGS FOR DIVORCE, NULLITY OF MARRIAGE OR JUDICIAL SEPARATION
49.	Interpretation of Part V
50.	Extension of jurisdiction of Matrimonial Causes Division to further classes of children
51.	Restrictions on grant of relief in proceedings for divorce etc. involving welfare of children
52.	Power of court to provide for children on dismissal of proceedings for divorce etc.
53.	Power of court to commit children to care of the Committee
54.	Power of court to provide for supervision of children
PART VI
PROTECTION OF FOSTER CHILDREN AND CERTAIN CHILDREN DURING SCHOOL HOLIDAYS
55.	Interpretation of Part VI
56.	Meaning of “foster child”
57.	Duty of Committee to ensure well-being of foster children
58.	Duty of persons maintaining foster children to notify Committee
59.	Power to inspect premises, impose conditions or prohibit the keeping of foster children
60.	Appeal to Royal Court against requirement or prohibition imposed under Article 59
61.	Disqualification for keeping foster children
62.	Removal of foster children kept in unsuitable surroundings
63.	Power to issue warrants to search for and remove foster child
64.	Insurances on lives of foster children
65.	Extension of Part VI to certain school children during holidays
66.	Extension of Part VI to certain children above compulsory school age
67.	Offences
PART VII
NURSERIES AND CHILD-MINDERS
68.	Registration of nurseries and child-minders
69.	Power to impose requirements in connexion with registration
70.	Certificates of registration
71.	Offences
72.	Cancellation of registration
73.	Notice of decisions
74.	Appeals
75.	Inspection
76.	Exemption of certain institutions
PART VIII
VOLUNTARY HOMES
77.	Meaning of “voluntary home”
78.	Registration of voluntary homes
79.	Right of Appeal
80.	Orders as to conduct of voluntary homes
81.	Inspection
PART IX
DUTY OF COMMITTEE TO ASSUME CARE OF CHILDREN
82.	Duty of Committee to provide for orphans, deserted children, etc.
83.	Power of Committee to apply for parental rights order
84.	Effect of parental rights order
85.	Duration of parental rights order
86.	Application of preceding provisions to children already subject to orders of court
87.	Duty of parents to keep in touch with Committee
PART X
TREATMENT OF CHILDREN IN CARE OF COMMITTEE
88.	Application of Part X
89.	General duty of Committee
90.	Mode of provision of accommodation and maintenance
91.	Orders as to boarding-out
PART XI
CONTRIBUTIONS TOWARDS MAINTENANCE OF CHILDREN
92.	Application of Part XI
93.	Persons by and to whom contributions are payable
94.	Contribution orders
95.	Duty of parents to notify change of address
96.	Application of Part XI in relation to illegitimate children
97.	Application of Part XI in relation to children awaiting adoption
PART XII
ESCAPES FROM REMAND CENTRES AND APPROVED SCHOOLS, AND FROM CARE OF FIT PERSONS
98.	Escapes etc. from remand centres
99.	Escapes from approved schools etc.
100.	Escapes from care of fit persons etc.
PART XIII
GENERAL
101.	Service of notices etc.
102.	Determination of age
103.	Obstruction of officers etc.
104.	General provision as to appeals
105.	General provisions as to orders and rules
106.	Amendment of Family Allowances Law
107.	Transitional provisions
108.	Repeals
109.	Short title and commencement
SCHEDULES
Schedule 1.		Offences against children with respect to which special provisions of this Law apply
Schedule 2.		Juvenile Court
Schedule 3.		Amendment of Family Allowances Law
Schedule 4.		Transitional provisions
Schedule 5.		Enactments repealed

CHILDREN (JERSEY) LAW, 1969.

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A LAW to repeal and re-enact with amendments certain enactments relating to children and young persons, to make further provision for the protection of children, and for purposes connected with the matters aforesaid, sanctioned by Order of Her Majesty in Council of the

25th day of JUNE, 1969.

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(Registered on the 8th day of August, 1969).

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STATES OF JERSEY.

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The 22nd day of April, 1969.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: -

PART I

INTRODUCTORY

ARTICLE 1

INTERPRETATION

(1) In this Law, unless the context otherwise requires –

“adopted” means adopted in pursuance of an adoption order made by a court of competent jurisdiction in the British Islands;

“approved school” means a school approved by the Secretary of State under section seventy-nine of the Children and Young Persons Act, 1933 (23 Geo. 5, c. 12);

“approved school order” means an order made by the Royal Court sending a child to an approved school;

“attendance centre” means an attendance centre provided by the Prison Board;

“borstal institution” means a borstal institution provided by the Secretary of State in accordance with section forty-three of the Prison Act, 1952 (15 & 16 Geo. 6 and 1 Eliz, 2, c. 52);

“child”, where used without qualification and except in Parts VI and XI of this Law, means a person under the age of twenty years;

“children’s home” means any home or other institution, under the administration of the Committee, for the accommodation, care and maintenance of children;

“the Committee” means the Education Committee;

“default” means failure to pay any sum of money, or failure to do or abstain from doing anything required to be done or left undone;

“detention centre” means a detention centre provided by the Secretary of State in accordance with section forty-three of the Prison Act, 1952;

“detention centre order” means an order made by a court for the detention of a child in a detention centre;

“enactment” includes any enactment of the Parliament of the United Kingdom;

“fit person order” means an order made under this Law committing a child to the care of a fit person;

“functions” includes powers and duties;

“guardian” in relation to a child, includes any person who, in the opinion of the court having cognisance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

“hospital” means any premises administered by the States and used for the reception of, and the provision of nursing for, persons suffering from any sickness, injury or infirmity, or for the reception of pregnant women or of women immediately after childbirth;

“impose imprisonment” means pass a sentence of imprisonment or commit to prison in default of payment of any sum of money or for failing to do or to abstain from doing anything required to be done or left undone;

“in need of care, protection or control” has the meaning assigned to it by Article 27 of this Law;

“the Juvenile Court” means the court constituted by virtue of Article 38 of and the Second Schedule to this Law;

“legal guardian” in relation to a child, means the person appointed, according to law, to be his guardian;

“the Magistrate” has the same meaning as in the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949;1

“mental home” means any institution for persons of unsound mind administered by the States or any premises licensed under the “Loi (1883) pour la protection des aliénés”;2

“nursing home” has the same meaning as in the Nursing Homes (Registration) (Jersey) Law, 1950;3

“parental rights order” has the meaning assigned to it by Article 83 of this Law;

“place of safety” means any children’s home, police station, hospital or other suitable place, the occupier of which is willing temporarily to receive a child;

“prescribed” means prescribed by order made by the Committee;

“the prison” has the same meaning as in the Prison (Jersey) Law, 1957;4

“the Probation Law” means the “Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée”;5

“probation officer” means a “délégué” appointed under Article 7 of the Probation Law;6

“probation order” means an order, made under the Probation Law, for the provisional release of an offender under the supervision of a probation officer;

“registered medical practitioner” has the same meaning as in the Medical Practitioners (Registration) (Jersey) Law, 1960;7

“relative” has the same meaning as in the Adoption (Jersey) Law, 1961;8

“remand centre” means a remand centre provided under Article 2 of this Law;

“school” means any institution for providing full-time education for children of compulsory school age;

“the statutory restrictions on the imprisonment of young offenders” means the restrictions specified in Article 15 and Article 18 of this Law;

“supervision order” has the meaning assigned to it by sub-paragraph (d) of paragraph (1) of Article 28 of this Law;

“the upper limit of the compulsory school age” means the age which is for the time being that limit by virtue of Article 20 of the “Loi (1912) sur l’Instruction Primaire”;9

“voluntary home” has the meaning assigned to it by Article 77 of this Law.

(2) References in this Law to any other enactment shall be construed as references thereto as amended and as including references thereto as extended or applied by or under any subsequent enactment or to any enactment repealing and re-enacting that other enactment with or without modification.

(3) Any reference in this Law to a finding of guilty or a finding that an offence has been committed shall be construed as including a reference to a plea of guilty or an admission that an offence has been committed.

(4) Any reference in this Law to a previous sentence of borstal training shall be construed as including a reference to a previous sentence of detention in a borstal institution; and any such reference to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of the British Islands and to a previous sentence passed by any such court.

ARTICLE 2

PROVISION OF REMAND CENTRES

(1) It shall be the duty of the Committee to provide or arrange for the provision of remand centres, and the Committee may, subject to the provisions of this Article, make arrangements with other bodies or persons for the provision of such centres.

(2) The Committee shall not make any such arrangements as aforesaid with any other body or person unless the Committee is satisfied that –

(a) the premises are in all respects suitable for the purposes of a remand centre; and

(b) the person who will ordinarily have charge of or control over those premises is a fit and proper person to have the custody and care of children and other persons.

(3) The Committee may by order make provision for the inspection, regulation and management of remand centres and for the classification, treatment, employment, discipline and control of children detained in custody therein, and for the visiting of such children from time to time by persons appointed in accordance with the order.

PART II

EMPLOYMENT

General provisions as to employment

ARTICLE 3

POWER TO MAKE ORDERS REGARDING EMPLOYMENT OF CHILDREN

(1) The Committee may make orders with respect generally to the employment of children under the age of sixteen years, and any such order may distinguish between children of different ages and sexes and between different trades, occupations and circumstances.

(2) If it appears to the Committee that any child under the age of sixteen years is being employed in such a manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of any education provided for him, the Committee may give notice in writing to the employer prohibiting him from employing the child or imposing restrictions on the employment of the child as appear to the Committee to be expedient in the interests of the child.

(3) The Committee may, by notice in writing served on the parent or employer of any child under the age of sixteen years, require the parent or employer to provide the Committee, within such period as may be specified in the notice, with such information as appears to the Committee to be necessary for the purpose of enabling it to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(4) Any employer aggrieved by a notice served on him under paragraph (2) of this Article may, within fifteen days from the giving of the said notice, appeal to the Royal Court on the ground that the decision is unreasonable having regard to all the circumstances of the case and the requirements of the notice shall not be effective until the expiration of such period as aforesaid or, where such an appeal is brought, before the determination of the appeal.

(5) For the purposes of this Part of this Law and of any order made thereunder, a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour.

(6) In this Part of this Law, “employment” includes employed as a hawker within the meaning of the Hawkers and Non-Resident Traders (Jersey) Law, 1965.10

ARTICLE 4

PENALTIES AND LEGAL PROCEEDINGS IN RESPECT OF GENERAL PROVISIONS AS TO EMPLOYMENT

(1) If a person is employed in contravention of any of the foregoing provisions of this Part of this Law, or of the provisions of any order made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable to a fine not exceeding fifty pounds or, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds :

Provided that, if proceedings are brought against the employer, the employer, on information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person that person may be convicted of the offence ; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.

(2) Where an employer seeks to avail himself of the proviso to paragraph (1) of this Article –

(a) the prosecution shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence ; and

(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(3) If any person fails to comply with the requirements of a notice served on him under paragraph (3) of Article 3 of this Law, he shall be liable to a fine not exceeding twenty pounds.

Performances

ARTICLE 5

RESTRICTION ON CHILDREN UNDER SIXTEEN TAKING PART IN PUBLIC PERFORMANCES ETC

(1) Subject to the provisions of this Article, a child under the age of sixteen years shall not take part in a performance to which this Article applies except under the authority of a licence granted by the Committee.

(2) This Article applies to –

(a) any performance in connexion with which a charge is made (whether for admission or otherwise) ;

(b) any performance in licensed premises within the meaning of the Licensing (Jersey) Law, 1950 ;11

(c) any broadcast or television performance ;

(d) any performance recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition ;

and a child shall be treated for the purposes of this Article as taking part in a performance if he takes the place of a performer in any rehearsal or in any preparation for the recording of the performance.

(3) A licence under this Article shall not be required for any child to take part in a performance to which this Article applies if –

(a) in the six months preceding the performance he has not taken part in other performances to which this Article applies on more than three days ; or

(b) the performance is given under arrangements made by a school or by a body of persons approved for the purposes of this Article by the Committee, and no payment in respect of the child’s taking part in the performance is made, whether to him or to any other person, except for defraying expenses ;

but the Committee may by order prescribe conditions to be observed with respect to the age, hours of work, rest or meals of children taking part in performances as mentioned in sub-paragraph (a) of this paragraph.

(4) The Committee shall not grant a licence for a child to take part in a performance or series of performances unless it is satisfied that he is fit to do so, that proper provision has been made to secure his health and kind treatment and that, having regard to such provision (if any) as has been or will be made therefor, his education will not suffer ; but if it is so satisfied, in the case of an application duly made for a licence under this Article which it has power to grant, it shall not refuse to grant the licence.

ARTICLE 6

SUPPLEMENTARY PROVISIONS AS TO LICENCES UNDER ARTICLE 5

(1) The Committee may vary a licence under Article 5 of this Law on the application of the holder of the licence.

(2) The Committee may vary or revoke the licence if any condition subject to which it was granted is not observed or if it is not satisfied as to the matters mentioned in paragraph (4) of the said Article 5, but shall, before doing so, give to the holder of the licence such notice (if any) of its intention as may be practicable in the circumstances.

(3) The holder of such a licence shall keep such records as the Committee may by order prescribe and shall on request produce them to an officer of the Committee at any time not later than six months after the performance or last performance to which it relates.

(4) Where the Committee refuses an application for a licence under Article 5 o this Law or revokes or, otherwise than on the application of the holder, varies such a licence it shall state its grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence ; and the applicant or holder may appeal to the Royal Court, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given (not being a condition which the Committee is required to impose) on the ground that the refusal, revocation or variation, or the imposition of the condition, as the case may be, is unreasonable having regard to all the circusmtances of the case.

ARTICLE 7

OFFENCES

(1) If any person –

(a) causes or procures any child under the age of sixteen years or, being his parent or guardian, allows him, to take part in any performance in contravention of Article 5 of this Law ; or

(b) fails to observe any condition subject to which a licence under that Article is granted, or any condition prescribed under paragraph (3) of that Article ; or

(c) knowingly or recklessly makes any false statement in or in connexion with an application for a licence under that Article ;

he shall be liable to a fine not exceeding one hundred pounds or in the case of a second or subsequent offence to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(2) If any person fails to keep or produce any record which he is required to keep or produce under Article 6 of this Law, he shall be liable to a fine not exceeding fifty pounds or in the case of a second or subsequent offence to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3) The court by which the holder or one of the holders of a licence under Article 5 of this Law is convicted of an offence under this Article may revoke the licence.

(4) In any proceedings for an offence under this Article alleged to have been committed by causing, procuring or allowing a child under the age of sixteen years to take part in a performance without a licence under Article 5 of this Law, it shall be a defence to prove that the accused believed that the condition specified in sub-paragraph (a) of paragraph (3) of that Article was satisfied and that he had reasonable grounds for that belief.

ARTICLE 8

POWER OF ENTRY

(1) Subject to the provisions of paragraph (2) of this Article, if it appears to the Bailiff on information on oath that there is reasonable cause to believe that the provisions of this Part of this Law, or of any order made thereunder, are being contravened with respect to any person, the Bailiff may issue a warrant authorising any police officer or officer of the Committee named therein to enter any place in connexion with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in a performance and to make enquiries therein with respect to that person.

(2) The police officer or officer of the Committee named in a warrant issued under paragraph (1) of this Article, shall immediately inform the Constable or a Centenier of the parish in which the place is situated of the details of the warrant.

(3) A police officer or officer of the Committee may at any time during the currency of a licence granted under Article 5 of this Law enter any place where the person to whom the licence relates is authorised by the licence to take part in a performance, and make enquiries therein with respect to that person.

PART III

CHILDREN EXPOSED TO PHYSICAL AND MORAL DANGER

ARTICLE 9

CRUELTY TO CHILDREN UNDER SIXTEEN

(1) If any person who has attained the age of sixteen years and has the custody, charge or care of any child under that age wilfully assults, ill-treats, neglects, abandons or exposes him, or causes or procures or permits him to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, limb, or organ of the body, and and mental derangement), he shall be liable to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding five years, or to both such fine and such imprisonment.

(2) A person may be convicted of an offence under this Article –

(a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person ;

(b) notwithstanding the death of the child in question.

(3) If, on the trial of any person who has attained the age of sixteen years on a charge of infanticide or of manslaughter of a child under that age of whom he had the custody, charge or care, the court or the jury, as the case may be, is of the opinion that he was not guilty of the offence charged but was guilty of an offence under this Article, he may be found guilty of that offence and thereupon he shall be liable to be punished accordingly.

(4) If it is proved that a person convicted under this Article was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the child, and had knowledge that that sum of money was accruing or becoming payable, then the maximum amount of the fine which may be imposed under this Article shall be one thousand pounds, and the court shall have the power, in lieu of awarding any other penalty under this Article, to sentence the person convicted to imprisonment for a term not exceeding five years ; and, for the purposes of this paragraph –

(a) a person shall be deemed to be directly or indirectly interested in a sum of money if he has any share in or any benefit from the payment of that money, notwithstanding that he may not be the person to whom it is legally payable ; and

(b) a copy of a policy of insurance, certified to be a true copy by an officer or agent of the insurance company granting the policy, shall be evidence that the child therein stated to be insured has in fact been so insured, and that the person in whose favour the policy has been granted is the person to whom the money thereby insured is legally payable.

(5) Nothing in this Article shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to him.

(6) For the purposes of this Article –

(a) any person who is the parent or legal guardian of a child or who is legally liable to maintain him shall be presumed to have the custody of him, and as between father and mother the father shall not be deemed to have ceased to have the custody of him by reason only that he has deserted, or otherwise does not reside with, the mother and the child ;

(b) any person to whose charge a child is committed by any person who has the custody of him shall be presumed to have charge of the child ;

(c) any other person having actual possession or control of a child shall be presumed to have the care of him ;

(d) a parent or other person legally liable to maintain a child, or having actual possession or control of a child, shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided by the authority responsible for providing assistance to the child when in need ;

(e) where it is proved that the death of a child under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passage of the child) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed, under the influence of intoxicating liquor or drugs, be deemed to have neglected the infant in a manner likely to cause injury to its health.

ARTICLE 10

WARRANT TO SEARCH FOR OR REMOVE CHILD UNDER SEVENTEEN

(1) If it appears to the Bailiff on information on oath laid by any person who, in the opinion of the Bailiff, is acting in the interests of a child under the age of seventeen years, that there is reasonable cause to suspect –

(a) that the child has been or is being assaulted, ill-treated, or neglected in a manner likely to cause him unnecessary suffering, or injury to health ; or

(b) that any offence mentioned in the First Schedule to this Law has been or is being committed in respect of the child ;

the Bailiff may issue a warrant authorising any police officer or officer of the Committee named therein to search for the child, and, if it is found that he has been or is being assaulted, ill-treated or neglected in manner aforesaid, or that any such offence as aforesaid has been or is being committed in respect of him, to take him to a place of safety, or authorising any police officer or officer of the Committee named therein to remove him with or without search to a place of safety, and a child taken to a place of safety in pursuance of such a warrant may be detained there until he can be brought before a court.

(2) Subject to the provisions of paragraph (4) of this Article, any police officer or officer of the Committee authorised by warrant under this Article to search for any child, or to remove any child with or without search, may enter (if need be by force) any house, building or other place specified in the warrant, and may remove him therefrom.

(3) Every warrant issued under this Article shall be addressed to and executed by a police officer, or officer of the Committee, who shall be accompanied by the person laying the information, if that person so desires, unless the Bailiff otherwise directs, and may also, if the Bailiff so directs, be accompanied by a registered medical practitioner.

(4) The police officer or officer of the Committee named in a warrant issued under this Article shall immediately inform the Constable or a Centenier of the parish in which the house, building or place is situated of the details of the warrant.

(5) It shall not be necessary in any information or warrant under this Article to name the child.

PART IV

PROTECTION OF CHILDREN IN RELATION TO JUDICIAL PROCEEDINGS (OTHER THAN MATRIMONIAL PROCEEDINGS)

Juvenile offenders

ARTICLE 11

AGE OF CRIMINAL RESPONSIBILITY

It shall be conclusively presumed that no child under the age of ten years can be guilty of any offence.

ARTICLE 12

PUNISHMENT FOR OFFENCES INVOLVING SENTENCE OF DEATH

(1) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that at the time when the offence was committed, he was under the age of eighteen years ; but in lieu thereof the court shall sentence him to be detained during Her Majesty’s pleasure, and, if so sentenced, he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.

(2) The provisions of Article 25 of the “ Loi (1864) réglant la procédure criminelle ”12 shall not apply in relation to the trial of a person to whom this Article applies.

ARTICLE 13

PUNISHMENT FOR SERIOUS OFFENCES

Where a child under the age of seventeen years is convicted of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law, and the court is of opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offender is punishable in the case of an adult, as may be specified in the sentence and, where such a sentence has been passed, the child so sentenced shall, during that period, be liable to be detained in such place and under such conditions as the Secretary of State may direct.

ARTICLE 14

PROVISIONS RELATING TO CHILDREN SENTENCED PURSUANT TO ARTICLE 12 OR 13

(1) A child sentenced to be detained pursuant to Article 12 or 13 of this Law shall, pending the issue of directions by the Secretary of State for his detention, be detained in such place and under such conditions as the court by which he is sentenced may direct.

(2) A child detained pursuant to a sentence under Article 12 or 13 of this Law or to a direction under paragraph (1) of this Article shall, while so detained, be deemed to be in legal custody.

(3) Where any child so detained as aforesaid is released by the Secretary of State on licence, then, if the licence is revoked, the child shall, if at large, be deemed to be unlawfully at large.

ARTICLE 15

RESTRICTION ON IMPRISONMENT

(1) No court shall impose imprisonment on a child under the age of fifteen years.

(2) No court shall impose imprisonment for a term exceeding six months on a child under the age of seventeen years.

ARTICLE 16

BORSTAL TRAINING

(1) Where a person is convicted by the Royal Court of an offence punishable with imprisonment, then, if on the day of his conviction he is not less than fifteen but under the age of twenty-one years, and the court is of opinion, having regard to the circumstances of the offence and after taking into account the offender’s character and previous conduct, that it is expedient that he should be detained for training for not less than six months, the court may, in lieu of any other sentence, pass a sentence of borstal training:

Provided that such a sentence shall not be passed on a person who is under the age of seventeen years on the day of his conviction unless the court is of opinion that no other method of dealing with his case is appropriate.

(2) Where a person is convicted by the Police Court or the Juvenile Court of an offence punishable with imprisonment, then, if on the day of his conviction he is not less than fifteen but under the age of twenty-one years, and a sentence of borstal training is available in his case as aforesaid, the court may commit him in custody to the Inferior Number of the Royal Court for sentence in accordance with the following provisions of this Article.

(3) Where an offender is so committed for sentence as aforesaid, the following provisions shall have effect, that is to say –

(a) the Inferior Number of the Royal Court shall enquire into the circumstances of the case and may –

(i) if a sentence of borstal training is appropriate in his case as aforesaid, sentence him to borstal training; or

(ii) in any case, deal with him in any manner in which the Police Court or the Juvenile Court might have dealt with him;

(b) if the Inferior Number of the Royal Court passes a sentence of borstal training, the offender shall have the same right of appeal as he would have had, had he been convicted by that court.

(4) Before passing a sentence of borstal training in the case of an offender of any age the court shall consider any report made in respect of him by or on behalf of the Prison Board, and the court shall cause a copy of the report to be given to the offender or his advocate or solicitor.

ARTICLE 17

RETURN TO BORSTAL INSTITUTION ON RE-CONVICTION

(1) Where a person sentenced to borstal training –

(a) being under supervision after his release from a borstal institution; or

(b) having become unlawfully at large from a borstal institution and not having returned or been returned thereto;

is convicted of an offence for which the court has power, or would have power but for the statutory restrictions on the imprisonment of young offenders, to pass sentence of imprisonment, the court may, instead of dealing with him in any other manner, order that he be returned to a borstal institution.

(2) A person ordered under this Article to be returned to a borstal institution shall be liable to be detained for the like period, and if under supervision shall be treated for all other purposes, as if he had been recalled to a borstal institution in pursuance of section forty-five of the Prison Act, 1952 (15 & 16 Geo. 6 and 1 Eliz. 2. c. 52) and had been taken into custody in pursuance of that order on the date of the order under this Article.

(3) Before making an order under this Article in respect of an offender, the court shall consider any report made by or on behalf of the Prison Board on his response to the training already undergone by him, and the court shall cause a copy of the report to be given to the offender or his advocate or solicitor.

(4) References in this Article to a person under supervision after his release from a borstal institution do not include a person who, being under supervision as aforesaid, is for the time being deemed by virtue of section forty-five of the Prison Act, 1952, to be unlawfully at large.

ARTICLE 18

ELIMINATION OF INTERMEDIATE AND SHORT PRISON SENTENCES

(1) Without prejudice to any provision of this Law or of any other enactment prohibiting or restricting the imposition of imprisonment on persons of any age, a sentence of imprisonment shall not be passed by any court on a person within the limits of age which qualify for a sentence of borstal training except –

(a) for a term not exceeding six months; or

(b) (where the court has power to pass such a sentence) for a term of not less than three years.

(2) Paragraph (1) of this Article shall not apply in the case of a person who is serving a sentence of imprisonment at the time when the court passes sentence; and for the purpose of this paragraph a person sentenced to imprisonment who has been recalled or returned to prison after being released subject to supervision or on licence, and has not been released again or discharged, shall be treated as serving the sentence.

(3) In relation to a person who has served a previous sentence of imprisonment for a term of not less than six months, or a previous sentence of borstal training, paragraph (1) of this Article shall have effect as if for the reference to three years there were substituted a reference to eighteen months; and for the purpose of this paragraph a person sentenced to borstal training shall be treated as having served the sentence if he has been released subject to supervision, whether or not he has subsequently been recalled or returned to a borstal institution.

(4) The States may by Act direct that sub-paragraph (a) of paragraph (1) of this Article shall be suspended, either generally or so far as it relates to persons, or male or female persons, of any age described in the Act:

Provided that an Act shall not be made under this paragraph unless the States are satisfied that sufficient accommodation is available in detention centres for the numbers of persons for whom such accommodation is likely to be required in consequence of the Act.

ARTICLE 19

DETENTION OF OFFENDERS AGED FOURTEEN TO TWENTY

(1) In any case where a court has power, or would have power but for the statutory restrictions on the imprisonment of young offenders, to pass sentence of imprisonment on an offender not less than fourteen but under the age of twenty-one years, the court may, subject to the provisions of this Article, order him to be detained in a detention centre.

(2) An order for the detention of an offender under this Article may be made for the following term, that is to say –

(a) where the offender has attained the age of seventeen years or is convicted before the Royal Court, and the maximum term of imprisonment for which a court could pass sentence in his case exceeds three months, any term of not less than three nor more than six months;

(b) in any other case, a term of three months.

(3) An order under this Article shall not be made in respect of any person unless the court has been notified by the Secretary of State that a detention centre is available for the reception of persons of his class or description, or an Act under paragraph (4) of Article 18 of this Law is in force in respect of persons of his age and sex.

(4) An order under this Article shall not be made in respect of a person who is serving or has served a sentence of imprisonment for a term of not less than six months or a sentence of borstal training unless it appears to the court that there are special circumstances (whether relating to the offence or to the offender) which warrant the making of such an order in his case; and before making such an order in respect of such an offender the court shall consider any report made in respect of him by or on behalf of the Prison Board and the court shall cause a copy of the report to be given to the offender or his advocate or solicitor.

ARTICLE 20

DETENTION OF DEFAULTERS AGED FOURTEEN TO SIXTEEN

(1) In any case where a court has power, or would have power but for the statutory restrictions on the imprisonment of young offenders, to commit to prison for any default a person not less than fourteen but under the age of seventeen years, the court may, subject to the provisions of this Article, commit him to a detention centre, for any term not exceeding the term for which he could but for any such restriction have been committed to prison.

(2) Except as provided by Articles 21 and 22 of this Law, a person shall not be committed under this Article to a detention centre for any term exceeding six months.

(3) Paragraph (3) of Article 19 of this Law shall apply in relation to the committal of any person to a detention centre under this Article as it applies in relation to the making of an order for the detention of an offender under that Article.

(4) This Article applies in relation to the fixing of a term of imprisonment to be served in the event of default of payment of a fine or other sum of money as it applies in relation to committal to prison in default of such payment; and in any such case paragraph (2) of this Article shall apply in relation to the term fixed by the court, and not to that term as reduced by virtue of any subsequent payment.

(5) Subject to the foregoing provisions of this Article, Articles 4 and 5 of the Criminal Justice (Jersey) Law, 1957,13 shall have effect as if references to imprisonment included references to detention under this Article; and references in those Articles to the prison or to the governor of the prison shall be construed accordingly.

ARTICLE 21

DEFAULTERS ALREADY DETAINED IN DETENTION CENTRES

(1) Article 20 of this Law (so far as it relates to detention centres) shall apply in relation to any person who has attained the age of seventeen years and who, at the material time, is detained in a detention centre under a previous sentence, as it applies in relation to a person under that age.

(2) In relation to a person of any age who is detained as aforesaid, Article 20 of this Law shall have effect as if paragraph (3) thereof were omitted.

(3) Where, after an order has been made by a court –

(a) committing a person to prison for any default; or

(b) fixing a term of imprisonment to be served by him in the event of any default;

it is made to appear to the Bailiff that that person is for the time being detained in a detention centre, the Bailiff may amend the order by substituting that centre for the prison named therein and, where the prison is so named and the term of imprisonment specified in the order exceeds six months, by reducing that term to six months.

ARTICLE 22

CONSECUTIVE TERMS AND AGGREGATE PERIODS OF DETENTION

(1) Subject to the provisions of this Article, any court which makes an order for the detention of any person in a detention centre may direct that the term of detention under the order shall commence on the expiration of any other term for which that person is liable to be detained in a detention centre by virtue of an order made by that or any other court.

(2) A direction shall not be given under paragraph (1) of this Article in connexion with the making of an order under Article 19 of this Law where the offender is under the age of seventeen years.

(3) Where a direction under paragraph (1) of this Article is given in connexion with the making of an order under Article 19 of this Law, the term of detention specified in that order may, if the court thinks fit, be a term of less than three months; and where a direction under that paragraph is given in connexion with the making of an order under Article 20 of this Law in respect of a person under the age of seventeen years, the term of detention specified in that order may, if the court thinks fit, be a term of less than one month.

(4) The aggregate of the terms for which a person may be ordered to be detained in a detention centre by virtue of any two or more orders made by the same court on the same occasion shall not in any case exceed six months.

(5) Without prejudice to paragraph (4) of this Article, the total term for which a person may be detained in a detention centre shall not exceed nine months at a time; and accordingly so much of any term for which a person is ordered to be so detained as, together with any other term on which it is wholly or partly consecutive, exceeds nine months shall be treated as remitted.

ARTICLE 23

ATTENDANCE AT AN ATTENDANCE CENTRE

(1) Where a court has power, or would but for Article 15 of this Law have power, to impose imprisonment on a person who is under the age of twenty-one years, or to deal with any such person under Article 5 of the Probation Law14 for failure to comply with any of the requirements of a probation order, the court may, if it has been notified by the Prison Board that an attendance centre is available for the reception from that court of persons of his class or description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified:

Provided that no such order shall be made in the case of a person who has been previously sentenced to imprisonment, borstal training or detention in a detention centre, or has been ordered to be sent to an approved school.

(2) The aggregate number of hours for which a person may be required to attend at an attendance centre by virtue of an order under this Article shall not exceed twenty-four and shall not be less than twelve except where he is under the age of fourteen years and the court is of the opinion, having regard to his age or any other circumstances, that twelve hours would be excessive.

(3) The times at which an offender is required to attend at an attendance centre by virtue of an order made under this Article shall be such as to avoid interference, so far as practicable, with his school hours or working hours and the first such time shall be specified in the order (being a time at which the centre is available for the attendance of the offender in accordance with the notification of the Prison Board) and the subsequent times shall be fixed by the person in charge of the centre, having regard to the offender’s circumstances:

Provided that an offender shall not be required under this Article to attend at an attendance centre on more than one occasion on any day, or for more than two hours on any occasion.

(4) The court by which an order has been made under paragraph (1) of this Article may, on the application of the offender or of the person in charge of the attendance centre specified in the order –

(a) by order discharge the order; or

(b) by order vary the day or hour specified therein for the offender’s first attendance at the centre;

and where the application is made by the said person, the court may deal with it in the absence of the offender.

(5) Where an order is made under paragraph (1) or (4) of this Article, the Judicial Greffier shall give a copy of the order to the person in charge of the attendance centre specified therein, and shall also give a copy to the offender.

(6) Where a person has been ordered to attend at an attendance centre in default of the payment of any sum of money, then –

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on the payment of a part of the said sum as aforesaid, the total number of hours for which the offender is required to attend at the centre shall be reduced by a number of complete hours bearing as nearly as possible the same proportion to the said total number of hours as the part paid bears to the said sum.

(7) Where an order under paragraph (1) of this Article has been made and it appears on information to the Bailiff or to the Magistrate, as the case may be, that the person in whose case the order was made –

(a) has failed without reasonable excuse to attend at the centre in accordance with the order; or

(b) while attending at the centre has committed a breach of the rules under the Prison (Jersey) Law, 1957,15 which cannot be adequately dealt with under those rules;

the Bailiff or the Magistrate may require that the offender be presented before the court by which the order was made or may, if the information is in writing and on oath, order his arrest with a view to his presentation before that court.

(8) If it is proved to the satisfaction of the court that the offender has failed to attend as aforesaid, or has committed such a breach of rules as aforesaid, the court may revoke the order requiring his attendance at the attendance centre and deal with him in any manner in which he could have been dealt with by the court if the order had not been made.

ARTICLE 24

POWER TO SEND CHILD OFFENDERS TO APPROVED SCHOOLS OR TO COMMIT THEM TO FIT PERSONS

(1) Where the Royal Court has power, or would but for Article 15 of this Law have power, to pass a sentence of imprisonment on a child under the age of seventeen years, the court shall, in addition to any other powers exercisable by virtue of this or any other Law, have power –

(a) to order him to be sent to an approved school;

(b) to commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.

(2) Where an order is made under this Article committing a child under the age of seventeen years to the care of a fit person, a probation order may also be made in respect of him.

ARTICLE 25

POWER TO ORDER PARENT OR GUARDIAN TO PAY FINE ETC

(1) Where a child under the age of seventeen years is charged with any offence for the commission of which a fine, damages or costs may be imposed, if the court is of opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without any other punishment, the court may in any case, and shall if the offender is under the age of fourteen years, order that the fine, damages or costs awarded be paid by the parent or guardian of the offender instead of by the offender, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the offender.

(2) In the case of a child under the age of seventeen years charged with any offence, the court may order his parent or guardian to give security for his good behaviour.

(3) An order under this Article may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(4) Any sums ordered to be paid by a parent or guardian, either under this Article, or on forfeiture of any such security as aforesaid, may be recovered from him and shall be disposed of, in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the offender was charged.

(5) A parent or guardian may appeal against an order under this Article in like manner as if he had been convicted of the offence with which the offender was charged.

ARTICLE 26

REMAND OF CHILDREN TO REMAND CENTRES

A child under the age of seventeen years who may lawfully be remanded in custody may be so remanded to any remand centre in the Island.

Children in need of care, protection or control

ARTICLE 27

MEANING OF “IN NEED OF CARE, PROTECTION OR CONTROL”

(1) A child is in need of care, protection or control within the meaning of this Law if he is under the age of seventeen years and –

(a) any of the conditions mentioned in paragraph (2) of this Article is satisfied with respect to him, and he is not receiving such care, protection and guidance as a good parent may reasonably be expected to give; or

(b) he is beyond the control of his parent or guardian.

(2) The conditions referred to in sub-paragraph (a) of paragraph (1) of this Article are that –

(a) he is falling into bad associations or is exposed to moral danger; or

(b) the lack of care, protection or guidance is likely to cause him unnecessary suffering or seriously to affect his health or proper development; or

(c) any of the offences mentioned in the First Schedule to this Law has been committed in respect of him or in respect of a child who is a member of the same household; or

(d) he is a member of the same household as a person who has been convicted of such an offence in respect of a child; or

(e) the child is a female member of a household a member of which has committed or attempted to commit the crime of incest.

(3) For the purpose of this Article, the fact that a child is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale), or is found loitering for the purpose of so begging or receiving alms, shall without prejudice to the generality of the provisions of sub-paragraph (a) of paragraph (2) of this Article, be evidence that he is exposed to moral danger.

ARTICLE 28

POWER OF ROYAL COURT IN RESPECT OF CHILDREN IN NEED OF CARE, PROTECTION OR CONTROL

(1) If the Royal Court is satisfied that any person brought before the court under this Article is a child in need of care, protection or control, the court may either –

(a) order him to be sent to an approved school; or

(b) commit him to the care of any fit person, whether a relative or not, who is willing to undertake the care of him; or

(c) order his parent or guardian to give an undertaking that he will exercise proper care and guardianship and to give such security in such amount as the court may determine for the carrying out of the undertaking; or

(d) without making any other order, or in addition to making an order under either sub-paragraph (b) or (c) of this paragraph, make an order, to be known as a “supervision order”, placing him for a specified period, not exceeding three years, under the supervision of a probation officer or an officer of the Committee.

(2) The Attorney General may bring before the Royal Court any child who, in his opinion, is in need of care, protection or control; and it shall be the duty of a Constable to report to the Attorney General the case of any child who appears to the Constable to be in need of care, protection or control.

(3) In the event of the breach of an undertaking given in pursuance of an order made under sub-paragraph (c) of paragraph (1) of this Article, the Royal Court may order that any security given or found in connexion with the undertaking, or some part thereof, shall be forfeited to Her Majesty.

(4) If the Royal Court, at the time that any person is brought before the court under this Article or under Article 29 of this Law, is not in a position to decide whether any and, if so, which order ought to be made, the court may make such interim order as it thinks fit for his detention or continued detention in a place of safety, or for his committal to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.

(5) An interim order under paragraph (4) of this Article shall not remain in force for more than twenty-eight days, but if at the expiration of that period the court deems it expedient to do so, it may make a further interim order.

Ancillary provisions

ARTICLE 29

SUPERVISION BY PROBATION OFFICERS OR OFFICERS OF THE COMMITTEE

(1) The probation officer or officer of the Committee under whose supervision a child is placed by a supervision order shall, while the order remains in force, visit, advise and befriend him and, when necessary, endeavour to find him suitable employment, and, if it appears necessary in his interest so to do at any time while the order remains in force and he is under the age of eighteen years, the Attorney General, on the request of that officer, may bring him before the Royal Court, and the court may, if it thinks that it is desirable in his interests so to do –

(a) order him to be sent to an approved school; or

(b) commit him to the care of a fit person, whether a relative or not, who is willing to undertake the care of him; or

and in any case where the court exercises its powers under either sub-paragraph ((a) or (b) of this paragraph, the court may revoke the supervision order.

(2) Where the officer under whose supervision a child is placed has died or is unable for any reason to carry out his duties, or where it is made to appear that it is for any reason desirable that another person should be appointed in the place of that officer, the Royal Court may appoint another probation officer or officer of the Committee to act in his place.

ARTICLE 30

PROVISIONS AS TO ORDERS OF COMMITTAL TO FIT PERSONS

(1) Before making an order under this Law committing a child to the care of a fit person, the Royal Court shall endeavour to ascertain the religious persuasion of the child and, in selecting the person to whose care the child is to be committed, the court shall if possible select a person who is of the same religious persuasion as the child or who gives an undertaking that he will be brought up in accordance with that religious persuasion.

(2) Every order committing a child to the care of a fit person shall contain a declaration as to the age and as to the religious persuasion of the child with respect to whom it is made.

(3) Every order committing a child to the care of a fit person shall, subject to the provisions of this Law, remain in force until he attains the age of twenty years.

(4) The person to whose care a child is committed by any such order as aforesaid shall, while the order is in force, have the same rights and powers and be subject to the same liabilities in respect of his maintenance as if he were his parent, and the person so committed shall continue in his care notwithstanding any claim by a parent or any other person.

(5) The Committee may make rules as to the manner in which children committed to the care of fit persons (other than the Committee) are to be dealt with and as to the duties of such persons.

(6) The Royal Court may at any time in its discretion discharge a child from the care of the person to whose care he has been committed, and any such discharge may be granted either absolutely or subject to conditions.

(7) The Royal Court may, on the application of the Attorney General, vary or revoke any order committing a child to the care of a fit person.

(8) Where the parent or guardian or any near relative of a child committed by any such order as aforesaid represents to the Attorney General that the child is not being brought up in accordance with his religious persuasion, the Attorney General may bring him before the Royal Court and the court shall, unless a satisfactory undertaking is offered by the person to whose care he has been committed, either revoke the order or vary it in such manner as the court thinks best calculated to secure that he is thenceforth brought up in accordance with that persuasion.

(9) Where the Committee represents to the Attorney General that, in its opinion it is desirable to do so in the interests of any child who has been committed to the care of a fit person, the Attorney General may apply to the Royal Court and the court may, if it thinks it desirable in the interests of the child so to do, revoke the order committing him to the care of a fit person, and, where it revokes that order –

(a) commit him to the care of another fit person, whether a relative or not, who is willing to undertake the care of him; or

(b) order him, if he is under the age of eighteen years, to be sent to an approved school; or

(d) without making any other order or any addition to an order under sub-paragraph (a) or (c) of this paragraph, make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer, or of some other person appointed for the purpose by the Court.

ARTICLE 31

COMMITTAL TO COMMITTEE AS “FIT PERSON”

(1) The Committee shall, for the purposes of the provisions of this Law relating to the making of orders committing a child to the care of a fit person, be deemed to be a fit person willing to undertake the care of him, and accordingly orders may be made committing children to the care of the Committee, and the Committee shall undertake the care of children so committed:

Provided that where a probation order or supervision order is in force as respects a child, or the court proposes to make such an order at the same time as an order for committal to the care of the Committee, the last-mentioned order shall not be made unless the Committee consents to the making thereof.

(2) Before making an order under paragraph (1) of this Article in any case where the consent of the Committee is not required, the court shall, unless so to do would in the opinion of the court cause undue delay, permit the Committee to make representations to the court as to the making of the order and shall, before making the order, consider any representations so made.

(3) While an order made by virtue of paragraph (1) of this Article is in force with respect to a child, all rights and powers of the parent or guardian shall, in respect of the child, be vested in the Committee subject to such conditions and exceptions as may be mentioned in the order.

ARTICLE 32

RETURN TO FAMILY OF PERSONS COMMITTED TO CARE OF COMMITTEE

(1) Where any child has by an order of the Royal Court under this Law been committed to the care of the Committee as a fit person, then, if it appears to the Committee that it will or may be for the benefit of the child so to do, the Committee may, notwithstanding anything in this Law or in the order, but without prejudice to the powers of the Committee in relation to the child by virtue of the order, allow, until the Committee otherwise determines, the child to be under the charge and control of a parent, guardian, relative or friend of the child.

(2) If, at any time while a child who has been committed by such an order as aforesaid to the care of the Committee is allowed by the Committee to be under the control of a parent, guardian, relative or friend of the child, it appears to the Committee that the order is no longer necessary and might properly be revoked, the Committee shall make an application accordingly to the Royal Court.

(3) In respect of any period during which, under the provisions of paragraph (1) of this Article, a child who has been committed as aforesaid to the care of the Committee is allowed by the Committee to be under the control of a parent, guardian, relative or friend of the child –

(a) no contributions shall be payable under any contribution order made in respect of the child under Article 94 of this Law; and

(b) paragraph (2) of Article 14 of the Family Allowances (Jersey) Law, 195116 (which provides that a person who is a child within the meaning of that Law shall not, for the purposes of that Law, be treated as included in any family as respects any period during which there is in force an order committing that person as aforesaid) shall not have effect in relation to the child.

(4) If –

(a) a child committed as aforesaid to the care of the Committee has been allowed by the Committee under the provisions of paragraph (1) of this Article to be under the charge and control of a parent, guardian, relative or friend of the child; and

(b) the Committee at any time determines under the said paragraph (1) that the child shall no longer be allowed to remain under that charge and control; and

then for the purposes of Article 100 of this Law, the child shall be deemed to have run away from the Committee.

ARTICLE 33

PROVISIONS AS TO CUSTODY OF CHILDREN IN REMAND CENTRES

(1) The order or judgment in pursuance of which a child is committed to custody in a remand centre shall be delivered with the child to the person in charge of the centre and shall be a sufficient authority for his detention in the centre in accordance with the terms thereof.

(2) A child while so detained and while being conveyed to and from a remand centre shall be deemed to be in legal custody.

ARTICLE 34

PROVISIONS AS TO APPROVED SCHOOL ORDERS

(1) The Royal Court shall not order a child under the age of ten years to be sent to an approved school unless for any reason, including the want of a fit person of his religious persuasion who is willing to undertake the care of him, the court is satisfied that he cannot suitably be dealt with otherwise.

(2) The Royal Court, before making an approved school order with respect to any child, shall endeavour to ascertain his religious persuasion.

(3) Every approved school order shall contain a declaration as to the age and as to the religious persuasion of the child with respect to whom it is made.

ARTICLE 35

TRANSFER OF CHILDREN TO APPROVED SCHOOLS AND DETENTION CENTRES AND REMOVAL TO PLACE OF SAFETY

(1) A child shall not be transfered to an approved school in pursuance of an approved school order or to a detention centre in pursuance of a detention centre order except with the authority of the Secretary of State and, in the meantime, he shall be detained in such place or in the custody of such person as the court by which the order is made may think fit, regard being had to the welfare of the child, and, while so detained, he shall be deemed to be in legal custody.

(2) Any expenses incurred in transferring a child to or from an approved school and in maintaining him there shall be at the charge of the Committee.

(3) A police officer may take to a place of safety any child in respect of whom any of the offences mentioned in the First Schedule to this Law has been or is believed to have been committed or who is about to be brought before a court in pursuance of any of the provisions of this Law and a child so taken to a place of safety and any child who has taken refuge in a place of safety may be detained there until he can be brought before a court and a parent or guardian of a child so taken shall be notified as soon as may be practicable.

Special procedure with regard to offences specified in First Schedule

ARTICLE 36

POWER TO PROCEED WITH CASE IN ABSENCE OF CHILD UNDER SEVENTEEN

Where in any proceedings with relation to any of the offences mentioned in the First Schedule to this Law, the court is satisfied that the attendance before the court of any child under the age of seventeen years in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child.

ARTICLE 37

EXTENSION OF POWER TO TAKE DEPOSITION OF CHILD UNDER SEVENTEEN

Where the Bailiff is satisfied by the evidence of a registered medical practitioner that the attendance before the court of any child under the age of seventeen years in respect of whom any of the offences mentioned in the First Schedule to this Law is alleged to have been committed would involve serious danger to his life or health, he may direct that the deposition of the child be taken on oath in accordance with the “Loi (1853) concernant la rédaction des dépositions”;17 and the deposition shall be admissible in evidence in the proceedings with relation to the offence either for or against the accused person without further proof thereof.

Court Proceedings

ARTICLE 38

CONSTITUTION OF JUVENILE COURT

(1) There shall be constituted in accordance with the provisions of the Second Schedule to this Law a court, to be known as the Juvenile Court, for the purpose of exercising any jurisdiction conferred on Juvenile Courts by or under this or any other enactment.

(2) Subject to the provisions of this Law, the provisions of any other enactment relating to the practice and procedure in the Police Court shall apply to the practice and procedure in the Juvenile Court.

ARTICLE 39

JURISDICTION OF JUVENILE COURT

Subject as hereinafter provided, there shall be vested in the Juvenile Court all jurisdiction and powers hitherto vested in the Police Court when hearing any charge against a child under the age of seventeen years:

Provided that –

(a) a charge made jointly against a child under the age of seventeen years and a person who has attained the age of seventeen years shall be heard by the Police Court and not by the Juvenile Court; and

(b) where a child under the age of seventeen years is charged with an offence, the charge may be heard by the Police Court if a person who has attained the age of seventeen years is charged at the same time with aiding, abetting, causing procuring, allowing or permitting that offence; and

(c) where, in the course of any proceedings before the Police Court, it appears that the person to whom the proceedings relate is a child under the age of seventeen years, nothing in this paragraph shall be construed as preventing the Police Court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.

ARTICLE 40

PROCEDURE IN JUVENILE COURT

(1) The Juvenile Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment and, unless there are no cases before the Court, it shall sit on at least one occasion in each week.

(2) The Juvenile Court shall not sit in a room in which sittings of a court other than the Juvenile Court are held if a sitting of that other court has been or will be held there within an hour before or after the sitting of the Juvenile Court ; and no person shall be present at any sitting of the Juvenile Court except –

(a) members and officers of the court ;

(b) parties to the case before the court, their advocates and solicitors, and witnesses and other persons directly concerned in that case ;

(d) such other persons as the court may specially authorise to be present.

ARTICLE 41

MISCELLANEOUS PROVISIONS AS TO POWERS OF JUVENILE COURT

(1) The Juvenile Court sitting for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child under the age of seventeen years may, if it thinks fit to do so, proceed with the hearing and determination of the charge or application, notwithstanding that it is discovered that the person in question is not such a child.

(2) The attainment of the age of seventeen years by a person in respect of whom a probation order is in force, or a person in whose case an order for conditional discharge has been made, shall not deprive the Juvenile Court of jurisdiction to enforce his attendance and deal with him in respect of any failure to comply with the requirements of the probation order or the commission of a further offence or to amend or discharge the probation order.

(3) Subject to the provisions of this Law, the Juvenile Court shall have all the powers of the Police Court.

ARTICLE 42

ATTENDANCE AT COURT OF PARENTS OF CHILD BROUGHT BEFORE COURT

(1) Where a child under the age of seventeen years is charged with any offence or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is held or determined during all the stages of the proceedings, and any such person shall be so required at any stage where the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.

(2) Where a child under the age of seventeen years is apprehended or taken to a place of safety, such steps shall be taken as may be practicable to inform at least one person whose attendance may be required under this Article.

ARTICLE 43

RESTRICTION ON PRESENCE OF PERSONS IN COURT DURING HEARING OF PROCEEDINGS TO WHICH PART IV APPLIES

No person shall be present at any sitting of a court during the hearing of any proceedings under this Part of this Law except –

(a) members and officers of the court ;

(b) parties to the case before the court, their advocates and solictors, and witnesses and other persons directly concerned in the case ;

(d) such other persons as the court may specially authorise to be present.

ARTICLE 44

RESTRICTIONS ON NEWSPAPER AND BROADCAST REPORTS OF PROCEEDINGS TO WHICH PART IV APPLIES

(1) No newspaper report of any proceedings to which this Part of this Law applies shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any child concerned in those proceedings, either as being the child against or in respect of whom the proceedings are taken or as being a witness therein, nor shall any picture be published in any newspaper as being or including a picture of any child so concerned in any such proceedings as aforesaid :

Provided that the court may in any case, if satisfied that it is in the interests of justice so to do, dispense with the requirements of this Article to such extent as the court may deem fit.

(2) The provisions of this Article shall apply, with the necessary modifications, in relation to sound and television broadcasts as they apply in relation to newspapers.

(3) Any person who publishes any matter in contravention of this Article shall be liable in respect of each offence to a fine not exceeding one hundred pounds.

ARTICLE 45

PROHIBITION AGAINST CHILDREN UNDER SEVENTEEN BEING PRESENT IN COURT DURING THE TRIAL OF OTHER PERSONS

Except by leave of the court, no child under the age of seventeen years (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice ; and any child present in court when under this Article he is not permitted to be there shall be ordered to be removed.

ARTICLE 46

POWER TO CLEAR COURT WHILE CHILD UNDER SEVENTEEN IS GIVING EVIDENCE IN CERTAIN CASES

(1) Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a child under the age of seventeen years is called as a witness, the court may direct that all or any persons, not being members or officers of the court or parties to the case, their advocates or solicitors, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness :

Provided that nothing in this Article shall authorise the exclusion of bona fide representatives of newspapers, news agencies or sound or television broadcasting companies.

(2) The powers conferred on a court by this Article shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

ARTICLE 47

EVIDENCE OF CHILD OF TENDER YEARS

(1) Where, in any proceedings against any person for any offence, any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his evidence may be received, though not given on oath, if, in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth :

Provided that where evidence admitted by virtue of this Article is given on behalf of the prosecution, the accused shall not be liable to be convicted of the offence unless that evidence is corroborated by some other material evidence in support thereof implicating him.

(2) If any child whose evidence is received as aforesaid wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be liable to be dealt with as if he had been convicted of an offence punishable in the case of an adult with imprisonment.

ARTICLE 48

POWER TO PROHIBIT PUBLICATION OF CERTAIN MATTER

(1) In relation to any proceedings in any court, the court may direct that –

(a) no newspaper report of the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any child concerned in the proceedings, either as being the person by or against or in respect of whom the proceedings are taken, or as being a witness therein ;

(b) no picture shall be published in any newspaper as being or including a picture of any child so concerned in the proceedings as aforesaid ;

except in so far (if at all) as may be permitted by the direction of the court.

(2) The provisions of this Article shall apply, with the necessary modifications, in relation to sound and television broadcasts as they apply in relation to newspapers.

(3) Any person who publishes any matter in contravention of any such direction shall be liable in respect of each offence to a fine not exceeding one hundred pounds.

PART V

PROTECTION OF CHILDREN OF PARTIES TO PROCEEDINGS FOR DIVORCE, NULLITY OF MARRIAGE OR JUDICIAL SEPARATION

ARTICLE 49

INTERPRETATION OF PART V

In this Part of this Law, “the court” means the Matrimonial Causes Division of the Royal Court.

ARTICLE 50

EXTENSION OF JURISDICTION OF MATRIMONIAL CAUSES DIVISION TO FURTHER CLASSES OF CHILDREN

(1) Subject to the provisions of this Article, Article 25 of the Matrimonial Causes (Jersey) Law, 194918 (which enables the court to provide for the custody, maintenance and education of the children of the parties to matrimonial proceedings) shall apply in relation to a child of one party to the marriage (including an illegitimate or adopted child) who has been accepted as one of the family by the other party as it applies in relation to a child of both parties.

(2) In considering what provision (if any) should be made by virtue of paragraph (1) of this Article for requiring any party to make any payment towards the maintenance or education of a child who is not his own, the court shall have regard to the extent (if any) to which that party had, on or after the acceptance of the child as one of the family, assumed responsibility for the child’s maintenance and to the liability of any person other than a party to the marriage to maintain the child.

(3) It is hereby declared that the reference in paragraphs (2) and (3) of the said Article 25 to the children of the petitioner and respondent includes a reference to any illegitimate child of the petitioner and respondent.

(4) This Article shall not apply in relation to proceedings instituted before the commencement of this Part of this Law.

ARTICLE 51

RESTRICTIONS ON GRANT OF RELIEF IN PROCEEDINGS FOR DIVORCE ETC. INVOLVING WELFARE OF CHILDREN

(1) Subject to the provisions of this Article, in any proceedings for divorce, nullity of marriage or judicial separation where the court has, by virtue of paragraph (1) of Article 25 of the Matrimonial Causes (Jersey) Law, 1949,19 jurisdiction in relation to any child, the court shall not make absolute any decree for divorce or nullity of marriage or pronounce a decree of judicial separation unless and until the court is satisfied as respects every such child who is under the age of eighteen years that arrangements have been made for the care and upbringing of the child and that those arrangements are satisfactory.

(2) The court may if it thinks fit proceed without observing the requirements of paragraph (1) of this Article if it appears that there are circumstances making it desirable that the decree nisi should be made absolute, or, as the case may be, that the decree for judicial separation should be pronounced, without delay and if the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children before the court within a specified time.

(3) In paragraph (2) of Article 8 of the said Law20 (which requires the court in determining an application for leave to present a petition for divorce before the expiration of three years from the date of the marriage to have regard to the interests of any children of the marriage) the reference to any children of the marriage shall be construed as including a reference to any other child in relation to whom the court would have jurisdiction by virtue of paragraph (1) of the said Article 25 in proceedings instituted by the petition.

(4) Paragraph (1) of this Article shall not apply in relation to proceedings instituted before the commencement of this Part of this Law.

ARTICLE 52

POWER OF COURT TO PROVIDE FOR CHILDREN ON DISMISSAL OF PROCEEDINGS FOR DIVORCE ETC

(1) Where proceedings instituted after the commencement of this Part of this Law for divorce, nullity of marriage or judicial separation are dismissed at any stage after the beginning of the trial, the court may, either forthwith or within a reasonable period after the proceedings have been dismissed, make such provision with respect to the custody, maintenance and education of any child as could be made in the case of that child under paragraph (1) of Article 25 of the Matrimonial Causes (Jersey) Law, 1949,21 if the proceedings were still before the court.

(2) Where an order has been made under paragraph (1) of this Article as respects a child, the court may from time to time make further provision with respect to his custody, maintenance and education.

ARTICLE 53

POWER OF COURT TO COMMIT CHILDREN TO CARE OF THE COMMITTEE

(1) Where the court has jurisdiction to make provision as to the custody of a child by virtue of Article 25 of the Matrimonial Causes (Jersey) Law, 1949,22 or of this Part of this Law and it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parties to the marriage or to any other individual, the court may if it thinks fit make an order committing the care of the child to the Committee and thereupon Part IX of this Law shall, subject to the provisions of this Article, apply in relation to the child.

(2) Before making an order under this Article, the court shall hear any representations from the Committee, including any representations as to the making of an order for payments for the maintenance and education of the child.

(3) While an order made by virtue of this Article is in force with respect to any child, the child shall continue in the care of the Committee notwithstanding any claim by a parent or other person.

(4) An order made by virtue of this Article shall cease to have effect as respects any child when that child attains the age of twenty years, and the court shall not make an order committing a child to the care of the Committee under this Article after he has attained the age of seventeen years.

(5) In the application of Part X of this Law under this Article, the exercise by the Committee of its powers under Articles 89 and 91 of this Law shall be subject to any directions given by the court.

(6) It shall be the duty of any parent or guardian of a child committed to the care of the Committee under this Article to secure that the Committee is informed of his address for the time being, and a person who knowingly fails to comply with this paragraph shall be liable to a fine not exceeding ten pounds.

(7) The court shall have power from time to time by an order under this Article to vary or discharge any provisions made in pursuance of this Article.

ARTICLE 54

POWER OF COURT TO PROVIDE FOR SUPERVISION OF CHILDREN

(1) Where the court has jurisdiction to provide for the custody of a child under Article 25 of the Matrimonial Causes (Jersey) Law, 1949,23 or under this Part of this Law and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of an officer appointed under this Article as a welfare officer or under the supervision of the Committee.

(2) Where the court makes an order under this Article for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected by the court and specified in the order.

(3) The court shall not have power to make an order under this Article as respects a child who in pursuance of an order under Article 62 of this Law is in the care of the Committee.

(4) Where a child is under the supervision of any person in pursuance of this Article, the jurisdiction possessed by the court to vary any order made with respect to the child’s custody, maintenance or education under Article 25 of the Matrimonial Causes (Jersey) Law, 1949,²³ or this Part of this Law shall, subject to any rules of court, be exercisable at the instance of the court itself.

(5) The court shall have power from time to time by an order under this Article to vary or discharge any provision made in pursuance of this Article.

PART VI

PROTECTION OF FOSTER CHILDREN AND CERTAIN CHILDREN DURING SCHOOL HOLIDAYS

ARTICLE 55

INTERPRETATION OF PART VI

In this Part of this Law –

“parent”, in relation to an adopted child, means the person or one of the persons by whom he was adopted ;

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit.

ARTICLE 56

MEANING OF “FOSTER CHILD”

(1) In this Part of this Law, “foster child” means, subject to the following provisions of this Article, a child below the upper limit of the compulsory school age whose care and maintenance are undertaken for reward for a period exceeding one month by a person who is not a relative or legal guardian of his.

(2) A child is not a foster child within the meaning of this Part of this Law while he is in the care of the Committee or a voluntary organisation or is boarded out by the Committee.

(3) A child is not a foster child within the meaning of this Part of this Law while he is in the care of any person –

(a) in premises in which any parent, adult relative or legal guardian of his is for the time being residing ;

(b) in any voluntary home ;

(d) in any nursing home ; or

(e) in any home or institution not specified in this Article but maintained by a public or parochial authority.

(4) A child is not a foster child within the meaning of this Part of this Law while he is in the care of any person in compliance with a supervision order or probation order or by virtue of a fit person order.

(5) A child who is a mental defective is not a foster child within the meaning of this Part of this Law while he is in any mental home, or while, not being in such a home, he is under the care of the Public Health Committee after notice in respect of him has been given to that Committee in accordance with Article 34 of the “Loi (1883) pour la protection des aliénés”.24

(6) For the purposes of this Part of this Law, a person undertaking the care and maintenance of a child shall be deemed to do so for reward if he receives any payment or gift of money or money’s worth or any promise of such a payment or gift in connexion therewith, irrespective of whether he makes a profit or intends to make a profit ; but where two persons arrange for each to undertake the care and maintenance of a child normally cared for and maintained by the other, the care and maintenance so undertaken shall be treated for the purposes of this paragraph as not being a gift of money’s worth.

(7) For the purposes of this Part of this Law, a person to whom a guardian’s allowance under the Insular Insurance (Jersey) Law, 1950,25 or a family allowance under the Family Allowances (Jersey) Law, 1951,26 is payable by reason of his maintaining another person’s child shall, if one or both of the child’s parents are dead, be treated as having undertaken his care and maintenance for reward from the last of the following dates, that is to say –

(a) the date on which the application for the allowance was granted ;

(b) the date of the death of the first to die of the child’s parents ;

(c) where the person who is maintaining the child had reasonable cause to believe that both parents of the child were alive, the date on which he became aware that one of the child’s parents had died.

ARTICLE 57

DUTY OF COMMITTEE TO ENSURE WELL-BEING OF FOSTER CHILDREN

It shall be the duty of the Committee to secure that all foster children are visited from time to time by officers of the Committee, who shall satisfy themselves as to the well-being of the children and give such advise as to their care and maintenance as may appear to be needed.

ARTICLE 58

DUTY OF PERSONS MAINTAINING FOSTER CHILDREN TO NOTIFY COMMITTEE

(1) A person who proposes to maintain as a foster child a child not already in his care shall give notice thereof in writing to the Committee not less than two weeks before he receives the child, unless he receives him in an emergency ; and a person who maintains a foster child whom he received in an emergency or who became a foster child while in his care shall give notice thereof in writing to the Committee not later than one week after he receives the child or, as the case may be, after the child becomes a foster child.

(2) Every such notice shall specify the premises in which the child is to be or is being kept.

(3) Where a person who is maintaining a foster child changes his permanent address or the premises in which the child is kept, he shall, not less than two weeks before the change, or, if the change is made in an emergency, not later than one week after the change, give notice in writing to the Committee, specifying the new address or premises.

(4) If a foster child dies or is removed or removes himself from the care of the person maintaining him, that person shall, within forty-eight hours thereof, give to the Committee and to the person from whom the child was received notice in writing of the death or removal ; and a notice of removal shall state, if known, the name and address of the person (if any) into whose care the child has been removed or received.

(5) Where a foster child ceases to be a foster child on his removal from the care of the person maintaining him, that person need not give a notice under paragraph (4) of this Article but shall at the request of the Committee give it the same particulars as would have been required to be stated in the notice ; and a person who maintains or proposes to maintain a foster child need not give a notice under paragraph (1) of this Article if the child has within the last three months been maintained by him as a foster child but ceased to be a foster child while in his care or on removal from his care.

(6) The Committee may exempt any person from the duty of giving notices under this Article, and any such exemption may be granted as regards all or any such notices for a specified period, and may be revoked at any time by notice in writing given to that person.

(7) A person maintaining or proposing to maintain a foster child shall at the request of the Committee give it the following particulars, so far as known to him, that is to say, the name, sex, and date and place of birth, of the child, and the name and address of every person who is a parent or legal guardian or acts as a guardian of the child or from whom the child has been or is to be received.

ARTICLE 59

POWER TO INSPECT PREMISES, IMPOSE CONDITIONS OR PROHIBIT THE KEEPING OF FOSTER CHILDREN

(1) Any officer of the Committee may, subject to the production by him if so required of evidence of his authority, enter and inspect any premises in which foster children are to be or are being kept.

(2) If it appears to the Bailiff on information on oath that any officer of the Committee has been refused admission to any premises in which foster children are to be or are being kept, the Bailiff may issue a warrant authorising any police officer or officer of the Committee named therein to enter the premises and carry out such inspection as is mentioned in paragraph (1) of this Article.

(3) The provisions of paragraphs (2), (3), (4) and (5) of Article 10 of this Law shall apply in relation to warrants issued under this Article.

(4) Where a person is keeping or proposes to keep foster children in premises used (while foster children are kept therein) wholly or mainly for that purpose, the Committee may impose on him requirements, to be complied with, after such time as the Committee may specify, whenever a foster child is kept in the premises, as to –

(a) the number, age and sex of the foster children who may be kept at any one time in the premises or any part thereof ;

(b) the accommodation and equipment to be provided for the children ;

(d) the giving of particulars of the person for the time being in charge of the children ;

(e) the number, qualifications or experience of the persons employed in looking after the children ;

(f) the keeping of records ;

but any requirement imposed under sub-paragraphs (b) to (f) of this paragraph may be limited by the Committee so as to apply only when the number of foster children kept in the premises exceeds a specified number.

(5) Where a person proposes to keep a foster child in any premises and the Committee is of opinion that it would be detrimental to that child to be kept by him in those premises, the Committee may prohibit him from doing so ; and if the premises are not for the time being used by him for the keeping of any foster child and the Committee is of opinion that it would be detrimental to any foster child to be kept by him in those premises, the Committee may prohibit his use of the premises for the keeping of any foster child.

(6) Where the Committee imposes a requirement on any person under paragraph (4) of this Article as respects any premises, it may prohibit him from keeping foster children in the premises after the time specified for compliance with the requirement unless the requirement is complied with.

(7) Any requirement or prohibition imposed under this Article shall be imposed by giving notice in writing to the person on whom it is imposed and shall contain a statement informing him of his right to appeal under Article 60 of this Law and of the time within which he may appeal.

ARTICLE 60

APPEAL TO ROYAL COURT AGAINST REQUIREMENT OR PROHIBITION IMPOSED UNDER ARTICLE 59

(1) Any person aggrieved by any requirement or prohibition imposed under Article 59 of this Law may, within fourteen days from the date on which he is notified of the requirement or prohibition, appeal to the Royal Court and, where the appeal is against such a requirement, the requirement shall not have effect while the appeal is pending.

(2) Where the Royal Court allows such an appeal, it may, instead of cancelling the requirement or prohibition, vary the requirement or allow more time for compliance with it or, where an absolute prohibition has been imposed, substitute for it a prohibition to use the premises after such time as the court may specify unless such specified requirements as the Committee had power to impose under Article 59 of this Law are complied with.

(3) Any requirement or prohibition specified or substituted under this Article by the Royal Court shall be deemed for the purposes of this Part of this Law other than this Article to have been imposed by the Committee under Article 59 of this Law.

ARTICLE 61

DISQUALIFICATION FOR MAINTAINING FOSTER CHILDREN

A person shall not maintain a foster child if –

(a) an order has been made against him under this Part of this Law removing a child from his care ; or

(b) an order has been made under Part IV of this Law in respect of any child found to be in need of care, protection or control, being an order by virtue of which the child was removed from his care ; or

(d) he has, by virtue of a parental rights order, been divested of his rights and powers with respect to a child ; or

(e) the Committee has refused to register him under paragraph (5) of Article 68 of this Law or has, under Article 72 of this Law, cancelled his registration or the registration of any premises occupied by him ;

unless he has disclosed that fact to the Committee and obtained its consent.

ARTICLE 62

REMOVAL OF FOSTER CHILDREN KEPT IN UNSUITABLE SURROUNDINGS

(1) If the Royal Court is satisfied, on a representation made by the Attorney General, that a foster child is being kept or is about to be received by any person who is unfit to have his care, or in contravention of Article 61 of this Law or of any prohibition imposed by the Committee under Article 59 of this Law, or in any premises or any environment detrimental or likely to be detrimental to him, the court may make an order for his removal to a place of safety until he can be restored to a parent, relative or legal guardian of his, or until other arrangements can be made with respect to him and on proof that there is imminent danger to the health or well-being of the child the power to make an order under this Article may be exercised by the Bailiff acting on the application of an officer of the Committee.

(2) An order under this Article may be executed by any officer of the Committee or by any police officer.

(3) An order under this Article made on the ground that a prohibition of the Committee under Article 59 of this Law has been contravened may require the removal from the premises of all the foster children kept there.

(4) The Committee may receive into its care any child removed under this Article.

(5) Where a child is removed under this Article, the Committee shall, if practicable, inform a parent or legal guardian of the child, or any person who acts as his guardian.

ARTICLE 63

POWER TO ISSUE WARRANTS TO SEARCH FOR AND REMOVE FOSTER CHILD

For the purposes of this Part of this Law, Article 10 of this Law (which enables a warrant authorising the search for and removal of a child to be issued on suspicion of unnecessary suffering caused to, or certain offences committed against, the child) shall apply in relation to foster children, and any refusal to allow the visiting of a foster child or the inspection of any premises by a person authorised to do so under this Part of this Law shall be treated as giving reasonable cause for such a suspicion.

ARTICLE 64

INSURANCE ON LIVES OF FOSTER CHILDREN

A person who maintains a foster child shall not have any insurable interest in the life of the child, and if any person directly or indirectly insures the life of a foster child maintained by him, he shall be liable to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

ARTICLE 65

EXTENSION OF PART VI TO CERTAIN SCHOOL CHILDREN DURING HOLIDAYS

(1) Where a child below the upper limit of the compulsory school age resides during school holidays in a school to which this Article applies, then if he so resides for a period exceeding seven days, the provisions of this Part of this Law shall apply in relation to him as if sub-paragraph (c) of paragraph (3) of Article 56 of this Law were omitted, but subject to the modifications specified in paragraph (2) of this Article.

(2) Where this Part of this Law applies to a child by virtue of paragraph (1) of this Article –

(a) paragraphs (1) to (6) of Article 58, paragraphs (2) to (7) of Article 59 and Article 66 of this Law shall not apply ; but

(b) the person undertaking the care and maintenance of children in the school during the school holidays shall, not less than two weeks before this Part of this Law first applies to a child in that school during those holidays, give notice in writing to the Committee that children to whom this Part of this Law applies will reside in the school during those holidays, and any such notice shall state the estimated number of the children.

(3) The Committee may exempt any person from the duty of giving notices under this Article, and any such exemption may be granted for a specified period or indefinitely and may be revoked at any time by notice in writing given to that person.

(4) This Article applies to any school which is not a school under the administration of the Committee.

ARTICLE 66

EXTENSION OF PART VI TO CERTAIN CHILDREN ABOVE COMPULSORY SCHOOL AGE

Where a child is a foster child on attaining the upper limit of the compulsory school age, this Part of this Law shall apply in relation to him as it applies in relation to a foster child, until the earliest of the following events, that is to say, until –

(a) he would, apart from that limit, have ceased to be a foster child ;

(b) he reaches the age of eighteen years ; or

ARTICLE 67

OFFENCES

If any person –

(a) being required, under any provision of this Part of this Law, to give any notice or information, fails to give the notice within the time specified in that provision or fails to give the information within a reasonable time ; or

(b) knowingly makes or causes or procures another person to make any false or misleading statement in any such notice or information ; or

(c) fails to comply with any requirement imposed by the Committee under this Part of this Law or keeps any foster child in any premises in contravention of a prohibition so imposed ; or

(d) maintains a foster child in contravention of Article 61 of this Law ; or

(e) refuses to comply with an order under this Part of this Law for the removal of any child or obstructs any person in the execution of such an order ;

he shall be liable to a fine not exceeding one hundred pounds, or, in the case of a second or subsequent offence, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment :

Provided that in the case of a first offence under sub-paragraph (a) of this Article, the fine which may be imposed shall not exceed twenty-five pounds.

PART VII

NURSERIES AND CHILD-MINDERS

ARTICLE 68

REGISTRATION OF NURSERIES AND CHILD-MINDERS

(1) The Committee shall keep registers –

(a) of premises, other than premises wholly or mainly used as private dwellings, where children who have not attained the upper limit of the compulsory school age are received to be looked after for the day or for a part or parts thereof of a duration or an aggregate duration, of two hours or longer or for any longer period not exceeding six days ;

(b) of persons who for reward receive into their homes children under the age of six years to be looked after as aforesaid.

(2) The registers kept under paragraph (1) of this Article shall be open to inspection at all reasonable times.

(3) Any person receiving or proposing to receive children as mentioned in sub-paragraph (a) or (b) of paragraph (1) of this Article shall make application to the Committee for registration thereunder in such manner and accompanied by such particulars as the Committee may require, and on receipt of such an application the Committee shall, subject to the provisions of this Article, register the premises to which, or as the case may be the person to whom, the application relates.

(4) The Committee may refuse to register any premises if it is satisfied that any person employed or proposed to be employed in looking after children at the premises is not a fit person to look after children, or that the premises are not fit (whether because of the condition thereof or of the equipment thereof or for any reason connected with the situation, construction or size thereof or with any persons therein) to be used for the reception of children.

(5) The Committee may refuse to register any person if it is satisfied that that person, or any person employed or proposed to be employed by him in looking after children, is not a fit person to look after children or that the premises in which the children are received or proposed to be received are not fit (whether because of the condition thereof or of the equipment thereof or for any reason connected with the situation, construction or size thereof or with other persons therein) to be used for the purpose.

(6) The Committee may, in its absolute discretion, grant exemptions from the provisions of this Article and may attach to any exemption such conditions as it thinks fit and may vary such conditions at any time or withdraw the exemption.

ARTICLE 69

POWER TO IMPOSE REQUIREMENTS IN CONNEXION WITH REGISTRATION

(1) The Committee may determine the maximum number of children who may be received in premises registered under Article 68 of this Law.

(2) The Committee may, in the case of a person registered under Article 68 of this Law, determine the maximum number of children who may be received in his home as mentioned in sub-paragraph (b) of paragraph (1) of that Article and in making a determination under this paragraph the Committee shall have regard to the number of any other children who may from time to time be in the home.

(3) The Committee may, as respects any premises or person registered under Article 68 of this Law, require the taking of precautions against the exposure of the children received in the premises to infectious diseases.

(4) The Committee may, as respects any premises registered under Article 68 of this Law impose requirements for securing –

(a) that a person with such qualifications as may be specified by the Committee shall be in charge of the premises and of the persons employed thereat ;

(b) that the premises shall be adequately staffed, both as respects the number and as respects the qualifications or experience of the persons employed thereat, and adequately equipped ;

(c) that the premises shall be kept safe and adequately maintained and the equipment thereof shall be adequately maintained ;

(d) that there shall be adequate arrangements for feeding the children received in the premises and that an adequate and suitable diet shall be provided for them

(e) that the children received in the premises shall be under medical supervision ;

(f) that records shall be kept in relation to the children received at the premises containing such particulars as may be specified by the Committee.

(5) Any determination or requirement under this Article may be made or imposed either on registration or at any subsequent time.

ARTICLE 70

CERTIFICATES OF REGISTRATION

(1) The Committee shall issue certificates of registration under Article 68 of this Law, and any such certificate shall specify the situation of the premises to which, or the name and address of the person to whom, the registration relates and any determination made and requirements imposed under Article 69 of this Law.

(2) On any change occurring in the circumstances which are stated in a certificate issued under this Article, the Committee shall issue an amended certificate.

(3) A person registered under Article 68 of this Law shall –

(a) keep his certificate of registration displayed in a prominent position in the premises to which the registration relates ;

(b) when required by or on behalf of the Committee so to do, produce or deliver his certificate of registration to the Committee or to an officer of the Committee authorised in that behalf.

(4) Where the Committee is satisfied that any certificate issued under this Article has been lost or destroyed, the Committee shall, on payment of such fee (if any) not exceeding five shillings as the Committee may determine, issue a copy of the certificate.

ARTICLE 71

OFFENCES

(1) If any person in connexion with any application for registration under this Part of this Law, makes, with respect to himself or another, any statement which he knows to be false, or recklessly makes, with respect to himself or another, any statement which is false or withholds any material information he shall be guilty of an offence.

(2) If at any time after the expiration of three months from the commencement of this Part of this Law a child is received in any premises as mentioned in sub-paragraph (a) of paragraph (1) of Article 68 of this Law and the premises are not registered or exempted under that Article or any determination made or any requirement imposed under Article 69 of this Law is contravened or not complied with, the occupier of the premises shall be guilty of an offence.

(3) Where at any such time as aforesaid a person receives as mentioned in sub-paragraph (b) of paragraph (i) of Article 68 of this Law a child of whom he is not a relative then if he is not registered under, or exempted from, Article 68 of this Law, or if he contravenes or fails to comply with any determination made or requirement imposed under Article 69 of this Law, he shall be guilty of an offence.

(4) Where a person has been registered under Article 68 of this Law and while he is so registered he acquires a new home, then until he has given notice thereof in writing to the Committee he shall not for the purposes of paragraph (3) of this Article be treated as being so registered in relation to the reception of children in the new home.

(5) Where any person fails to comply with any condition attached to any exemption granted under paragraph (6) of Article 68 of this Law, or with the provisions of paragraph (3) of Article 70 of this Law, he shall be guilty of an offence.

(6) A person guilty of an offence under this Article shall be liable to a fine not exceeding fifty pounds or, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment :

Provided that in the case of a first offence under paragraph (3) of this Article the fine which may be imposed shall not exceed twenty-five pounds.

ARTICLE 72

CANCELLATION OF REGISTRATION

Where –

(a) there has been a contravention of, or non-compliance with, any determination made or requirement imposed under Article 69 of this Law in relation to any premises or person registered under Article 68 thereof; or

(b) it appears to the Committee as respects any premises or person registered under the said Article 68, that circumstances exist which would justify a refusal under paragraph (4) or (5) of that Article to register the premises or person ;

the Committee may cancel the registration and in any such case the person registered shall forthwith return his certificate of registration to the Committee or to an officer of the Committee authorised in that behalf.

ARTICLE 73

NOTICE OF DECISIONS

(1) The Committee shall not refuse an application for registration under Article 68 of this Law or make any determination or any requirement under Article 69 of this Law or, under Article 72 of this Law, cancel any registration, unless it has given to the applicant, to the occupier of the premises to which the registration relates or to the person registered, as the case may be, not less than fourteen days notice in writing of its intention to do so and of its reasons for so doing, and every such notice shall contain an intimation that if, within fourteen days after the receipt of the notice, the said applicant, occupier or person gives to the Committee notice in writing that he desires so to do, the Committee will, before making a decision in the matter, give him an opportunity of being heard in person or by a representative.

(2) If the Committee, after giving to the said applicant, occupier or person such an opportunity as aforesaid, decides to refuse the application, make the determination or impose the requirement, or cancel the registration, as the case may be, it shall give to the said applicant, occupier or person, notice in writing of its decision and shall, if so requested by him, deliver to him, within seven days of the receipt of such request, particulars in writing of the reasons for its decision.

(3) Any notice given under paragraph (2) of this Article shall contain a statement informing the person to whom it is given of his right of appeal under Article 74 of this Law and of the time within which he may appeal.

ARTICLE 74

APPEALS

(1) A person aggrieved by a decision under paragraph (2) of Article 73 of this Law may, within one month from the giving of the notice under the said paragraph, appeal to the Royal Court on the ground that the decision is unreasonable having regard to all the circumstances of the case; and an order cancelling any registration shall not take effect until the expiration of the time within which an appeal may be brought under this Article or, where such an appeal is brought, before the determination of the appeal.

(2) On an appeal under this Article, the Royal Court may confirm the decision of the Committee or may direct that the decision be varied, and the Committee shall comply with the direction.

ARTICLE 75

INSPECTION

(1) Any officer of the Committee or the Medical Officer of Health may, subject to the production by him of evidence of his authority, at all reasonable times enter any premises which are used for the reception of children as mentioned in sub-paragraph (a) or (b) of paragraph (1) of Article 68 of this Law, and may inspect the premises and the children so received therein, the arrangements for their welfare, and any records relating to them kept in pursuance of this Part of this Law.

(2) If it appears to the Bailiff on information on oath that any officer of the Committee has been refused administration to the home of a person registered under Article 68 of this Law, or has reasonable cause to believe that children are being received in a person’s home or in any other premises in contravention of Article 71 of this Law, the Bailiff may issue a warrant authorising any police officer or officer of the Committee named therein to enter the home or other premises and carry out any such inspection as is mentioned in paragraph (1) of this Article.

(3) The provisions of paragraphs (2), (3), (4) and (5) of Article 10 of this Law shall apply in relation to warrants issued under this Article.

ARTICLE 76

EXEMPTION OF CERTAIN INSTITUTIONS

(1) Nothing in this Part of this Law shall apply to the reception of children in any hospital, nursing home, mental home or voluntary home.

(2) Nothing in this Part of this Law shall apply to the reception of children in any school except during school holidays where children reside there.

PART VIII

VOLUNTARY HOMES

ARTICLE 77

MEANING OF “VOLUNTARY HOME”

In this Law, “voluntary home” means any home or other institution for the boarding, protection, care and maintenance of children under the age of seventeen years, being a home or other institution supported wholly or partly by voluntary contributions or endowments, but does not include either a school or a mental home.

ARTICLE 78

REGISTRATION OF VOLUNTARY HOMES

(1) After the expiration of three months from the commencement of this Part of this Law, no voluntary home shall be carried on unless it is for the time being registered in a register to be kept for the purposes of this Article by the Committee.

(2) Application for registration under this Article shall be made by the persons carrying on or intending to carry on the voluntary home to which the application relates, and shall be made in such manner and accompanied by such particulars as the Committee may require.

(3) On an application duly made under paragraph (2) of this Article –

(a) if the voluntary home to which the application relates was at the commencement of this Part of this Law open for the reception of children under the age of seventeen years, the application shall be granted :

Provided that the Committee may, subject to the provisions of Article 79 of this Law, refuse the application if it is of the opinion that the applicant is not a fit and proper person to carry on a voluntary home ;

(b) in any other case, the Committee may either grant or, subject to the provisions of Article 79 of this Law, refuse the application, as it thinks fit.

(4) Where at any time it appears to the Committee that the conduct of any voluntary home registered under paragraph (1) of this Article is not in accordance with orders made or directions given in that behalf under this Part of this Law or is otherwise unsatisfactory, the Committee may, subject to the provisions of Article 79 of this Law, remove the home from the register.

(5) Any person who carries on a voluntary home in contravention of the provisions of paragraph (1) of this Article shall be liable to a fine not exceeding one hundred pounds and to a further fine not exceeding five pounds in respect of each day during which the offence continues after conviction.

(6) Where –

(a) a voluntary home is carried on in contravention of the provisions of paragraph (1) of this Article ; or

(b) notice of a proposal to remove a voluntary home from the register is given under paragraph (4) thereof ;

the Committee may, notwithstanding that the time for any appeal under Article 79 of this Law has not expired or that such an appeal is pending, remove from the home and receive into its care all or any of the children for whom accommodation is being provided in the home.

(7) For the purpose of the exercise of the powers of the Committee under paragraph (6) of this Article, any officer of the Committee authorised in that behalf by the Committee may enter any premises in which the home in question is being carried on.

ARTICLE 79

RIGHT OF APPEAL

(1) The Committee shall not refuse an application for the registration of a voluntary home, or remove any voluntary home from the register, unless it has given to the applicant or the person carrying on the voluntary home, as the case may be, notice in writing of its intention to do so and of its reasons for so doing, and every such notice shall contain an intimation that, if within fourteen days after the receipt of the notice, the applicant, or the person carrying on the voluntary home, as the case may be, informs the Committee in writing that he desires so to do, the Committee will before refusing his application or removing the voluntary home from the register, give him an opportunity of being heard, in person or by a representative, against such refusal or removal.

(2) If the Committee, after giving to the applicant or the person carrying on the voluntary home an opportunity of being heard, decides to refuse the application or remove the voluntary home from the register, it shall, if required by the applicant or that person, deliver to him within seven days of the receipt of such requirement, particulars in writing of the reasons for such refusal or removal.

(3) Any person aggrieved by such decision of the Committee, may, within one month of the receipt of the notice given under paragraph (2) of this Article, appeal to the Royal Court, either in term or in vacation, on the ground that the decision of the Committee was unreasonable having regard to all the circumstances of the case ; and where the appeal is brought against a proposal to remove a voluntary home from the register, the home shall not be so removed until the appeal has been determined.

(4) On an appeal under this Article, the Royal Court may confirm the decision of the Committee or may direct that the voluntary home shall be registered or, as the case may be, shall not be removed from the register, and the Committee shall comply with the direction.

(5) Any notice under this Article required to be given by the Committee to the persons carrying on, or intending to carry on, a voluntary home may be given to any one of those persons.

ARTICLE 80

ORDERS AS TO CONDUCT OF VOLUNTARY HOMES

(1) The Committee may by order make provision as to the conduct of voluntary homes and for securing the welfare of the children therein, and any order under this Article may in particular –

(a) impose requirements as to the accommodation and equipment to be provided in homes, and as to the arrangements to be made for ensuring the health and safety of the children in the homes ;

(b) require the furnishing to the Committee of information as to the facilities provided for the parents and guardians of children in the homes to visit and communicate with the children and authorise the Committee to give directions as to the provision of such facilities ;

(c) authorise the Committee to give directions limiting the number of children who may at any one time be accommodated in any particular home;

(d) require the furnishing to the Committee at such times and in such form as shall be prescribed by the order, such particulars as shall be so prescribed with respect to children for the time being in, or admitted or received into homes and to children boarded out or discharged from homes ; and

(e) impose requirements as to the facilities which are to be given for children to receive a religious upbringing appropriate to the persuasion to which they belong ;

and may contain different provisions for different descriptions of cases and as respects different descriptions of homes.

(2) The Committee may require the person in charge of a voluntary home to hand over any child accommodated in the home with a view to the child being boarded out by the Committee, and the child shall thereupon be deemed to have come within the care of the Committee under Article 82 of this Law.

(3) Any person who contravenes or fails to comply with the provisions of any order made under this Article or any requirement made or direction given under any such order shall be liable to a fine not exceeding fifty pounds.

ARTICLE 81

INSPECTION

Any officer of the Committee may, subject to the production by him of evidence of his authority, enter any voluntary home and make such examinations into the state and management thereof and the condition and treatment of the children therein as he thinks requisite ; and a refusal to allow such an officer to enter the home or to make such examinations as aforesaid shall, for the purposes of Article 10 of this Law (which relates to search warrants) be deemed to be a reasonable cause to suspect that a child in the home is being neglected in a manner likely to cause him unnecessary suffering or injury to health.

PART IX

DUTY OF COMMITTEE TO ASSUME CARE OF CHILDREN

ARTICLE 82

DUTY OF COMMITTEE TO PROVIDE FOR ORPHANS, DESERTED CHILDREN ETC

(1) Where it appears to the Committee that a child is under the age of seventeen years and –

(a) (i) has neither parent nor legal guardian or has been and remains abandoned by his parents or legal guardian or is lost ; or

(ii) his parents or legal guardian are, for the time being or permanently, prevented by reason of mental or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing; and

(b) in either case, the intervention of the Committee under this Article is necessary in the interests of the welfare of the child;

it shall be the duty of the Committee to receive the child into its care under this Article.

(2) Where the Committee has received a child into its care under this Article, it shall, subject to the provisions of this Part of this Law, be the duty of the Committee to keep the child in its care so long as the welfare of the child appears to require it and the child has not attained the age of twenty years.

(3) Nothing in this Article shall authorise the Committee to keep a child in its care under this Article if any parent or legal guardian of the child desires to take over the care of the child, and the Committee shall, in all cases where it appears consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either –

(a) by a parent or legal guardian of his; or

(b) by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion.

(4) Where the Committee receives a child into its care under this Article who is ordinarily resident outside the Island, the Committee may arrange with the appropriate authority in the place where the child ordinarily resides for that authority to take over the care of the child and, in such case, the Committee may make such arrangements with that authority regarding expenses incurred by the Committee under this Law in respect of the child as it may think fit.

ARTICLE 83

POWER OF COMMITTEE TO APPLY FOR PARENTAL RIGHTS ORDER

(1) Where it appears to the Committee with respect to any child in its care under Article 82 of this Law –

(a) that the parents of the child are dead and that he has no legal guardian; or

(b) that a parent or legal guardian of the child has abandoned him or suffers from some disability of mind or body rendering the parent or legal guardian incapable of caring for him, or is of such habits or mode of life as to be unfit to have the care of him; or

(c) that a person or legal guardian of the child has so persistently failed without reasonable cause to discharge the obligations of a parent or legal guardian as to be unfit to have the care of the child;

the Committee may, subject to the provisions of this Part of this Law, apply to the Royal Court for an order (in this Law referred to as a “parental rights order”) vesting in the Committee with respect to the child all the rights and powers which the deceased parents would have if they were still living, or, as the case may be, all the rights and powers of the parent or legal guardian, and the court shall, subject to the provisions of paragraph (4) of this Article, have power to make such an order.

(2) On any application by the Committee to the Royal Court under paragraph (1) of this Article for a parental rights order in respect of any child, any relative or next-of-kin of the child may appear before the court and object to the making of the order, and, where the Committee proposes to apply for a parental rights order by virtue of sub-paragraph (b) of that paragraph, the Committee shall, if the whereabouts of the parent or legal guardian are known to it, give to such parent or legal guardian at least seven days notice in writing of its intention to apply for the order, and the said parent or legal guardian may appear before the court and object to the making of the order.

(3) Every notice under paragraph (2) of this Article shall inform the parent or legal guardian of his right to appear before the court and object to the making of the order.

(4) The Royal Court shall not make a parental rights order by virtue of sub-paragraph (b) of paragraph (1) of this Article unless satisfied that the child has been, and at the time of the application for such order remains, abandoned by his parent or legal guardian, or that the parent or legal guardian suffers from some disability of mind or body rendering him incapable of caring for the child, or is of such habits or mode of life as to be unfit to have the care of the child.

ARTICLE 84

EFFECT OF PARENTAL RIGHTS ORDER

(1) While a parental rights order made by virtue of sub-paragraph (a) of paragraph (1) of Article 83 of this Law is in force with respect to a child, all rights and powers which the deceased parents would have had if they were still living shall, in respect of the child, be vested in the Committee subject to such conditions and exceptions as may be mentioned in the order.

(2) While a parental rights order made by virtue of sub-paragraph (b) of the said paragraph (1) is in force, all rights and powers of the parent or legal guardian shall, in respect of the child to whom the order relates, be vested in the Committee subject to such conditions and exceptions as may be mentioned in the order and accordingly while the order remains in force –

(a) references in paragraph (3) of Article 82 of this Law to a parent or legal guardian shall not include references to a parent or legal guardian who, by the order, has been divested of parental rights and powers in respect of the child; and

(b) the Committee shall be liable to maintain the child.

(3) A parental rights order shall not prevent the Committee from allowing the child to be, either for a fixed period or until the Committee otherwise determines, under the care of a parent legal guardian, relative, next-of-kin or friend in any case where it appears to the Committee to be for the benefit of the child.

(4) Where a parental rights order is in force in respect of a child and the child has ceased to be in the care of the Committee, then (without prejudice to the provisions of Article 82 of this Law if those provisions apply) the Committee shall have power to receive the child back into its care in any circumstances in which it appears that its intervention is necessary in the interests of the welfare of the child.

(5) Where the Committee receives a child into its care under paragraph (4) of this Article, the provisions of this Part of this Law shall apply as if the child had been received into its care under the said Article 82.

(6) A parental rights order shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child; and the Committee may recover from any such person, as a civil debt, the amount of any money expended by it on such maintenance.

(7) A parental rights order shall not authorise the Committee to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made.

(8) If any person knowingly –

(a) assists or induces a child to whom this paragraph applies to run away; or

(b) harbours or conceals a child to whom this paragraph applies who has run away, or prevents him from returning to the place from which he has run away;

he shall be liable to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(9) Where the Committee has, in accordance with paragraph (3) of this Article, allowed any person to take over the care of a child and has by notice in writing required that person to return the child at a time specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or who prevents him from returning as required by the notice, shall be liable to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(10) Paragraph (8) of this Article applies to any child in the care of the Committee under Article 82 of this Law in respect of whom a parental rights order is in force, being a child for whom accommodation (whether in a home or otherwise) is being provided by the Committee in pursuance of Part X of this Law; and references in the said paragraph (8) to running away shall be construed as references to running away from a place where accommodation is or was being so provided.

ARTICLE 85

DURATION OF PARENTAL RIGHTS ORDERS

(1) Subject to the provisions of this Part of this Law, a parental rights order shall continue in force until the child with respect to whom it was made attains the age of twenty years.

(2) A parental rights order may be discharged on application to the Royal Court –

(a) where the order was made by virtue of sub-paragraph (a) of paragraph (1) of Article 83 of this Law, by a person claiming to be the parent or legal guardian of the child or by a relative, next-of-kin or friend of the child;

(b) where the order was made by virtue of sub-paragraph (b) of the said paragraph (1), by the parent or legal guardian of the child or by a relative, next-of-kin or friend of the child;

if the court is satisfied that the discharge of the order would be for the benefit of the child:

Provided that the court may, if it thinks fit, in lieu of discharging the order, direct that, either for a fixed period or until the court otherwise directs, the child shall be in the care of a parent, legal guardian, relative, next-of-kin or friend.

ARTICLE 86

APPLICATION OF PRECEDING PROVISIONS TO CHILDREN ALREADY SUBJECT TO ORDERS OF COURT

(1) The reception of a child by the Committee into its care under Article 82 of this Law, and the making of a parental rights order with respect to a child, shall not affect any supervision order or probation order previously made with respect to him by any court.

(2) Where an order of any court is in force giving to any person the custody of a child, the foregoing provisions of this Part of this Law shall have effect in relation to the child as if for references to a parent or legal guardian of the child there were substituted references to that person.

ARTICLE 87

DUTY OF PARENTS TO KEEP IN TOUCH WITH COMMITTEE

(1) The parent of a child who has not attained the age of seventeen years and is in the care of the Committee under Article 82 of this Law shall secure that the Committee is informed of the parent’s address for the time being.

(2) Any parent who knowingly fails to comply with paragraph (1) of this Article shall be liable to a fine not exceeding ten pounds:

Provided that it shall be a defence in any proceedings under this paragraph to prove that the defendant was residing at the same address as the other parent of the child, and had reasonable cause to believe that the other parent had informed the Committee that both parents were residing at that address.

PART X

TREATMENT OF CHILDREN IN CARE OF COMMITTEE

ARTICLE 88

APPLICATION OF PART X

This Part of this Law relates to the powers and duties of the Committee in relation to children committed to its care as a fit person under an order made by virtue of Article 31 of this Law or committed to its care under an order made by virtue of Article 53 of this Law (subject, however, to any directions given by the Royal Court under the said Article 53) or received into its care under this Law.

ARTICLE 89

GENERAL DUTY OF COMMITTEE

Where a child is in the care of the Committee, it shall be the duty of the Committee to exercise its powers with respect to him so as to further his best interests, and to afford him opportunity for the proper development of his character and abilities.

ARTICLE 90

MODE OF PROVISION OF ACCOMMODATION AND MAINTENANCE

(1) Subject to the provisions of this Article, the Committee shall discharge its duty to provide accommodation and maintenance for a child in its care –

(a) by boarding him out on such terms (whether as to payment by the Committee or otherwise) as the Committee may, subject to the provisions of this Law and any orders made thereunder, determine ; or

(b) where it is not practicable or desirable for the time being to make arrangements for boarding-out, by maintaining the child in a children’s home or by placing him in a voluntary home the managers of which are willing to receive him.

(2) A child who is in the care of the Committee and has attained the upper limit of the compulsory school age may be accommodated and maintained in any hostel (whether provided by the Committee or not) which is wholly or mainly intended for persons who have attained the upper limit of the compulsory school age but have not attained the age of twenty years.

(3) Notwithstanding anything in the foregoing provisions of this Article, the Committee may accommodate and maintain a child in its care in premises under its control or under the control of any other public or parochial authority.

(4) Where under this Article the Committee provides for a child by maintaining him in a home or hostel not provided by the Committee, the terms, whether as to payment by the authority or as to other matters, on which the child is so maintained shall be such as may be agreed upon between the Committee and the persons providing the home or hostel.

ARTICLE 91

ORDERS AS TO BOARDING-OUT

(1) The Committee may by order make provision in relation to the boarding-out of children under sub-paragraph (a) of paragraph (1) of Article 90 of this Law and to the welfare of such children.

(2) Without prejudice to the provisions of paragraph (1) of this Article, any order under this Article may provide –

(a) for a child to be boarded-out, where possible, with a person who is either of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion;

(b) for the supervision of children boarded-out as aforesaid, and the inspection of the premises in which they are boarded-out, and for the removal of the children from those premises if their welfare appears to require it.

PART XI

CONTRIBUTIONS TOWARDS MAINTENANCE OF CHILDREN

ARTICLE 92

APPLICATION OF PART XI

The provisions of this Part of this Law shall have effect in relation to –

(a) children committed to the care of a fit person under Part IV of this Law;

(b) children ordered to be sent to an approved school under Part IV of this Law;

and references in this Part of this Law to a child shall be construed accordingly.

ARTICLE 93

PERSONS BY AND TO WHOM CONTRIBUTIONS ARE PAYABLE

(1) Except in a case to which paragraph (2) of this Article applies, it shall be the duty of the father and mother of every child to make contributions in respect of him in accordance with the following provisions of this Part of this Law.

(2) In any case where the Committee so thinks fit, it may require the legal guardian or guardian of any child received into its care to make such contributions in respect of him as the Committee may determine.

(3) A child who has been received into the care of the Committee under this Law and has attained the upper limit of the compulsory school age and is engaged in remunerative full-time work shall, so long as he remains in the care of the Committee, be liable to make such contributions in respect of himself as the Committee may determine.

(4) Where a child has been committed to the care of a fit person, not being the Committee, contributions under this Article shall be payable to that person to be applied by him in or towards the maintenance, or otherwise for the benefit, of the child.

(5) Contributions under this Article shall be payable in respect of a child received into the care of the Committee under this Law, or committed to the care of the Committee as a fit person, or ordered to be sent to an approved school, to the Committee.

ARTICLE 94

CONTRIBUTION ORDERS

(1) The Royal Court may, at any time, on the application of the Committee or other person to whom contributions are payable under Article 93 of this Law in respect of a child, make an order requiring any person liable to make the contributions to contribute such weekly sum as the court, having regard to his means, thinks fit.

(2) In this Article, an order made under this Article is referred to as a “contribution order” and the person against whom such order is made is referred to as a “contributor”.

(3) A contribution order may specify the period during which it is to remain in force and, unless such period is specified n the order, the order shall, subject to any variation or recession thereof made by the Royal Court under paragraph (4) or (5) of this Article, remain in force –

(a) where the order relates to a child received into the care of the Committee under this Law, so long as he is in the care of the Committee;

(b) where the order relates to a child committed to the care of a fit person, so long as the order for such committal remains in force; and

(c) where the order relates to a child ordered to be sent to an approved school, until he ceases to be under the care of the managers of such a school so however that no contributions shall be payable under any such order in respect of any period during which he is out under supervision from the approved school.

(4) The Royal Court may, on the application of the Committee or other person entitled to receive contributions payable under a contribution order, or on the application of the contributor, vary or rescind the contribution order.

(5) Where a contributor has not been present at the sitting of the court at which the contribution order is made, the contribution order shall be served on him in manner prescribed by rules of court and shall be binding on him unless within the time prescribed as aforesaid he makes an application to the court for the rescission or modification of the order on the ground that –

(a) he is not liable under Article 93 of this Law ; or

(b) he is unable to contribute the sum specified in the order ;

and on hearing any such application the court may confirm the order with or without modifications, or may rescind it.

(6) The contributor shall, if he changes his address, forthwith give notice thereof in writing to the Committee or other person who was, immediately before the change, entitled to receive the contributions under the contribution order and, if he fails to do so, he shall be liable to a fine not exceeding ten pounds.

ARTICLE 95

DUTY OF PARENTS TO NOTIFY CHANGE OF ADDRESS

(1) The parent of a child who is detained in an approved school or is in the care of a fit person, in pursuance of an order made under this Law, shall keep the Viscount or, as the case may be, the fit person informed of the address of the parents.

(2) A parent of a child who, knowing that that child is detained in an approved school or is in the care of a fit person as mentioned in paragraph (1) of this Article, fails to comply with that paragraph shall be liable to a fine not exceeding five pounds :

Provided that in any proceedings under this paragraph it shall be a defence to prove that the defendant was residing at the same address as the other parent and had reasonable cause to believe that the other parent had kept the Viscount or the fit person, as the case may be, informed of the address of both.

ARTICLE 96

APPLICATION OF PART XI IN RELATION TO ILLEGITIMATE CHILDREN

This Part of this Law shall apply in relation to a child who is illegitimate as if references therein to the father of the child were references to the putative father of the child, but the Royal Court shall not find any person to be the putative father of an illegitimate child except on evidence of the mother which is corroborated in some material particular by other evidence.

ARTICLE 97

APPLICATION OF PART XI IN RELATION TO CHILDREN AWAITING ADOPTION

Where notice of intention to apply for an adoption order is given in pursuance of paragraph (2) of Article 7 of the Adoption (Jersey) Law, 1961,27 in respect of any child who is for the time being in the care of the Committee then, until the application for an adoption order has been made and disposed of and while the infant is in the care and possession of the person by whom the notice is given –

(a) no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under Article 93 of this Law to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time when the notice is given) ; and

(b) paragraphs (2) and (3) of Article 14 of the Family Allowances (Jersey) Law, 1951,28 (which provide that certain children shall not be treated as included in any family for the purposes of that Law) shall not apply in relation to the child ;

unless twelve weeks have elapsed since the giving of the notice without the application being made or the application has been refused by the court or withdrawn.

PART XII

ESCAPES FROM REMAND CENTRES AND APPROVED SCHOOLS, AND FROM CARE OF FIT PERSONS

ARTICLE 98

ESCAPES ETC. FROM REMAND CENTRES

If any person –

(a) knowingly assists or induces a child to escape from a remand centre ; or

(b) without lawful authority takes away a child from a remand centre ; or

(c) knowingly harbours or conceals a child who has so escaped or has been so taken away, or prevents him from returning ;

he shall be liable to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

ARTICLE 99

ESCAPES FROM APPROVED SCHOOLS ETC

(1) Any person who has been ordered to be sent to an approved school and who –

(a) escapes from the school in which he is detained, or from any hospital, home or institution in which he is receiving medical attention ; or

(b) being absent from his school on temporary leave of absence or under supervision, runs away from the person in whose charge he is, or fails to return to the school on the expiration of his leave ; or

may be apprehended without warrant and returned to the school or taken to such place as the Secretary of State may direct.

(2) Until such time as any such person has been returned or taken as aforesaid, he shall be detained in such place as the Attorney General shall direct.

(3) If any person knowingly –

(a) assists or induces a person to commit any such act as is mentioned in paragraph (1) of this Article ; or

(b) harbours or conceals a person who has committed any such act, or prevents him from returning ;

he shall be liable to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

ARTICLE 100

ESCAPES FROM CARE OF FIT PERSONS ETC

(1) A child who runs away or is without lawful authority taken away from a person to whose care he has been committed under this Law may be apprehended without warrant and brought back to that person, if he is willing to receive him, and if he is not willing to receive him, may be brought before the Royal Court and the court may make any order with respect to him which the court might have made if he had been brought before it as being a child beyond the control of his parent or guardian.

(2) A child who runs away or is without lawful authority taken away from any place at which accommodation has been provided for him under Part X of this Law, whether by boarding-out or otherwise, may be apprehended without warrant and brought back to that place, or to such other place or person as may be directed by the authority having the care of him.

(3) If any person knowingly –

(a) assists or induces, or persistently attempts to induce, a child to run away from a person to whose care he has been committed as aforesaid or from a place at which accommodation has been provided for him as aforesaid ; or

(b) without lawful authority takes away a child from such a person or such a place ; or

(c) knowingly harbours or conceals a child who has so run away or has been so taken away, or prevents him from returning ;

he shall be liable to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

PART XIII

GENERAL

ARTICLE 101

SERVICES OF NOTICES ETC

(1) Any notice required by or under this Law to be given to any Committee of the States may be given either by leaving it at an office of that Committee or by post.

(2) Any notice required or authorised by or under this Law to be given to a person being a corporation shall be duly given if it is given to the secretary or clerk of the corporation.

(3) Subject to the provisions of this Article, any notice or the copy of any order required or authorised by or under this Law to be given to any person may be given either –

(a) by delivering it to that person ; or

(b) by leaving it at his proper address ; or

(d) by the recorded delivery service.

(4) For the purposes of this Article, and of Article 12 of the Interpretation (Jersey) Law, 1954,29 in its application to this Article, the proper address of any person to whom any such notice or copy of an order as aforesaid is to be given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and, in any other case, be the usual or last-known place of abode of the person to whom the notice or copy is to be given :

Provided that, where the person to whom the notice or copy is to be given has furnished an address for service in accordance with arrangements agreed to in that behalf, his proper address for the purposes aforesaid shall be the address furnished.

ARTICLE 102

DETERMINATION OF AGE

Where the age of any person at any time is material for the purposes of any provision of this Law relating to proceedings in any court, his age at the material time shall be deemed to be or to have been that which appears to the court, after hearing any available evidence, to be or to have been his age at that time.

ARTICLE 103

OBSTRUCTION OF OFFICERS ETC

If any person wilfully delays or obstructs any officer or other person in the exercise of any of his functions under this Law or any order or rules made thereunder, he shall be liable in the case of a first offence to a fine not exceeding fifty pounds and in the case of a second or subsequent offence to a fine not exceeding two hundred pounds.

ARTICLE 104

GENERAL PROVISION AS TO APPEALS

Any appeal to the Royal Court under this Law may be instituted, heard and determined either in term or in vacation.

ARTICLE 105

GENERAL PROVISIONS AS TO ORDERS AND RULES

(1) The Subordinate Legislation (Jersey) Law, 1960,30 shall apply to orders and rules made by the Committee under this Law.

(2) The power to make rules of court under the Royal Court (Jersey) Law, 1948,31 shall include power to make rules of court for the purposes of this Law and proceedings thereunder.

ARTICLE 106

AMENDMENT OF FAMILY ALLOWANCES LAW

The Family Allowances (Jersey) Law, 195132 shall be amended in manner provided by the Third Schedule to this Law.

ARTICLE 107

TRANSITIONAL PROVISIONS

This Law shall have effect subject to the transitional provisions set out in the Fourth Schedule to this Law.

ARTICLE 108

REPEALS

The enactments specified in the Fifth Schedule to this Law are hereby repealed.

ARTICLE 109

SHORT TITLE AND COMMENCEMENT

(1) This Law may be cited as the Children (Jersey) Law, 1969.

(2) This Law shall come into force on such day or days as the States may by Act appoint and different days may be fixed for different purposes and different provisions of this Law.

FIRST SCHEDULE

(Articles 10, 27, 36, 37 and 61)

OFFENCES AGAINST CHILDREN WITH RESPECT TO WHICH SPECIAL PROVISIONS OF THIS LAW APPLY

The murder or manslaughter of a child.

Infanticide.

Any offence against a child under any of the following provisions of the “Loi (1895) modifiant le droit criminel”33 that is to say Articles 1, 2, 4, 5 and 6, and any attempt to commit against a child any offence under Article 5 or 6 of that Law.

Sodomy with a child, or an attempt to commit such an offence.

Incest with a child, or an attempt to commit such an offence.

Indecent assault on a child.

Stealing a child or receiving a stolen child.

Assault, whether common or aggravated, on a child.

Any offence under Article 9 of this Law.

Any other offence involving bodily injury to a child.

SECOND SCHEDULE

(Article 38)

JUVENILE COURT

1. Subject to the following provisions of this Schedule –

(a) the Juvenile Court shall consist of the Magistrate who shall act as chairman, and two other members, one of whom at least shall be a woman ;

(b) the other members shall be persons who have not attained the age of sixty years selected from a panel of persons appointed by the Superior Number of the Royal Court for the purpose.

2. No person shall remain on the said panel for a longer period than ten years, and the Superior Number of the Royal Court may make such additions thereto or deletions therefrom as it considers necessary.

3. Where the chairman is present, the Juvenile Court shall have power to act notwithstanding that any other member fails to attend and remain present during the sitting of the court, and all acts done by the court shall notwithstanding any such failure be as valid as if that member had so attended and remained.

4.-(1) The decision of the Juvenile Court on any matter before it shall be by a majority of the members and shall be pronounced by the chairman, or other member at the request of the chairman, and no other member of the court shall make any separate pronouncement thereon :

Provided that where the chairman and one other member only attend and remain present during the sitting of the court, the decision of the court shall, in the event of disagreement between the chairman and that other member, be the decision of the chairman and shall be pronounced by the chairman.

(2) Where during or after the hearing and before the determination of any matter before the Juvenile Court it appears to the chairman that there is, or is likely to be, any difference of opinion between the members, he shall cause the deliberations of the court on that matter to be conducted in private, and may if he thinks fit adjourn the case for the purpose.

THIRD SCHEDULE

(Article 105)

AMENDMENT OF FAMILY ALLOWANCES LAW34

For Article 14 there shall be substituted the following Article –

“ARTICLE 14

EXCLUSION OF CHILDREN REMOVED FROM CONTROL OF PARENTS

(1) A child shall not, for the purposes of this Law, be treated as included in any family as respects any period –

(a) during which his detention in an approved school is authorised under or by virtue of any provision of the Children (Jersey) Law, 1969, and the child is not absent from the school under supervision ;

(b) during which there is in force an order under the Children (Jersey) Law, 1969, committing the child to custody in any place to which he may be committed on remand ; or

(c) during which the child is liable to be detained by virtue of Article 12 or 13 of the Children (Jersey) Law, 1969, and is not discharged on licence.

(2) A child shall not, for the purposes of this Law, be treated as included in any family as respects any period during which there is in force an order under the Children (Jersey) Law, 1969, (other than Part V thereof) committing him to the care of the Committee.

(3) A child in respect of whom there is in force a parental rights order made under Article 83 of the Children (Jersey) Law, 1969, shall not, for the purposes of this Law, be treated as included in any family :

Provided that this paragraph shall not have effect as respects any period during which under the provisions of Article 84 or 85 of the said Law the child is allowed by the Committee or directed by the Royal Court to be, either for a fixed period or otherwise, under the control of a parent, guardian, relative, next-of-kin or friend of the child.”

FOURTH SCHEDULE

(Article 106)

TRANSITIONAL PROVISIONS

1. In this Schedule, “the Law of 1935” means the “Loi appliquant à cette Ile certaines des dispositions de l’Acte de Parlement intitulé ‘Children and Young Persons Act, 1933’ (23 Geo. 5, c. 12)”, confirmed by Order of His Majesty in Council of the twenty-first day of February, 1935.35

2. Where, before the commencement of Part IV of this Law, an order has been made under the Law of 1935 ordering a child to be sent to any institution in the Island, this Law shall have effect in relation to the child as if the order were an order made under the said Part IV committing the child to the care of the Committee as a fit person :

Provided that, notwithstanding anything in this Law, the order shall not have effect for any longer period than the period for which it would have had effect if this Law had not been passed.

3. Where a child has, at the commencement of Part IV of this Law, been ordered to be sent to an approved school but has not reached the school, the like proceedings may be had and the like things done for the purpose of securing that he is sent to an approved school, and with respect to his custody in the meantime, as might have been had or done if this Law had not been passed.

4. Where, before the commencement of Part XI of this Law, a child has been ordered to be sent to an approved school or any institution in the Island and an order made under Article 14 of the Law of 1935 is in force requiring the father, mother or other person having the care or charge of the child to contribute towards his maintenance, this Law shall apply in relation to the order as if it were a contribution order made under Article 94 of this Law providing for the contributions under the order to be paid to the Prison Board or to the Committee, as the case may require.

FIFTH SCHEDULE

(Article 107)

ENACTMENTS REPEALED

1. Articles 7 and 8 of the “Loi (1895) modifiant le droit criminel”.36

2. The “Loi appliquant à cette Ile certaines des dispositions de l’Acte de Parlement intitulé ‘Children and Young Persons Act, 1933’ (23 Geo. 5, c. 12)”, confirmed by Order of His Majesty in Council of the twenty-first day of February, 1935.37

3. The “Loi (1940) concernant les témoignages d’enfants dans les poursuites criminelles”.38

4. The “Loi (1940) sur la Protection de l’Enfance”.39

5. The “Loi pour investir le Comité d’Instruction Publique des droits paternels à l’égard des personnes qui ont été trouvées par la Cour Royale en besoin de protection et qui ont été envoyées à une Institution dans cette Ile”, confirmed by Order of the tenth day of March, 1947, of the Counsellors of State in Council on behalf of His Majesty.40

6. The Children (Criminal Proceedings) (Jersey) Law, 1956.41

7. Article 2 and paragraph (2) of Article 8 of the Criminal Justice (Jersey) Law, 1957.42

8. The “Loi pour modifier la Loi (1935) appliquant à cette Ile certaines des dispositions de l’Acte de Parlement intitulé ‘Children and Young Persons Act, 1933’ ”, confirmed by Order of Her Majesty in Council of the twentieth day of December, 1957.43

A.D. LE BROCQ,

Greffier of the States.

1 Tome 1949–1950, page 52.

2 See now Mental Health (Jersey) Law, 1969.

3 Tome 1949–1950, page 426.

4 Tome 1957–1960, page 1.

5 Tome 1937–1938, page 59.

6 Tome 1937–1938, page 66.

7 Tome 1957–1960, page 493.

8 Tome 1961–1962, page 364.

9 Tomes IV–VI, page 303.

10 Tome 1963–1965, page 425.

11 Tome 1949–1950, page 441, Tome 1966–1967, pages 229 and 718 and R & O’s 3085, 3624, 4058, 4131, 4419, 4635, 4642, 4895, 5174, 5218, 5377, 5392, 5519 and 5525.

12 Tomes I–III, page 290.

13 Tome 1957–1960, pages 23 and 24.

14 Tome 1937–1938, page 63.

15 Tome 1957–1960, page 1.

16 See page 67 of this Pamphlet.

17 Tomes I–III, page 205.

18 Tome 1949–1950, page 313 and Tome 1963–1965, page 160.

19 Tome 1949–1950, page 313.

20 Tome 1949–1950, page 299.

21 Tome 1949–1950, page 313.

22 Tome 1949–1950, page 313 and Tome 1963–1965, page 160.

23 Tome 1949–1950, page 313 and Tome 1963–1965, page 160.

24 See now Mental Health (Jersey) Law, 1969.

25 Tome 1949–1950, page 533 and Tome 1951–1953, page 115.

26 Tome 1951–1953, page 87, Tome 1957–1960, pages 95 and 435, Tome 1963–1965, page 115, Tome 1966–1967, page 433, Tome 1968–1969, page 75 and page 67 of this pamphlet.

27 Tome 1961–1962, page 368.

28 See page 67 of this pamphlet.

29 Tome 1954–1956, page 115.

30 Tome 1957–1960, page 519.

31 Tome 1946–1948, page 586.

32 Tome 1951–1953, page 103.

33 Tomes IV–VI, page 132, 134, 135 and 136.

34 Tome 1951–1953, page 103.

35 Tome VII, page 350 and Tome 1957–1960, pages 28 and 177.

36 Tomes IV-VI, pages 136 and 137.

37 Tome VII, page 350.

38 Tome 1939–1945, page 279.

39 Tome 1939–1945, page 280a.

40 Tome 1946–1948, page 133.

41 Tome 1954–1956, page 327.

42 Tome 1957–1960, pages 20 and 27.

43 Tome 1957–1960, page 177.

Page Last Updated: 27 Apr 2016

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Children (Jersey) Law 1969