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Children, Young Persons, and Their Families Act 1989

Sections and provisions with full text and the judgments that cite each one.

Section 295 — Recall to come before Court

295 Recall to come before Court (1) Where the Court makes an order under section 283(c) of this Act, the Court may, at any time during the duration of the order, direct, on the application of a…

Section 296 — Expiry of orders

296 Expiry of orders Every order made under paragraph (c) , paragraph (k) , paragraph (l) , paragraph (m) , or paragraph (n) of section 283 of this Act shall, unless it sooner expires, expire 6…

Section 297 — Powers of Court in dealing with young person subject to order made under this Part of this Act

297 Powers of Court in dealing with young person subject to order made under this Part of this Act Where a Court finds a charge against a young person proved, and that young person is subject to an…

Section 298 — Community work order

298 Community work order (1) Subject to this section, where a charge against a young person is proved before a Youth Court, the Court may, with the consent of the young person, order that the young…

Section 299 — Failure to comply with community work order

299 Failure to comply with community work order (1) A Youth Court may at any time, on the application of a Social Worker or the person or organisation supervising the order, cancel a community work…

Section 300 — Variation or cancellation of community work order

300 Variation or cancellation of community work order (1) A community work order may at any time, on the application of the young person or a Social Worker or the person or organisation supervising…

Section 301 — Procedural provisions relating to application under section 300

301 Procedural provisions relating to application under section 300 (1) Every application under section 300 of this Act shall— (a) In the case of an application by a young person, be served on the…

Section 302 — Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order

302 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order When a young person performs any service or does any work…

Section 303 — Effect of subsequent sentence

303 Effect of subsequent sentence Where— (a) A community work order is in force in respect of a young person; and (b) A sentence of imprisonment or a community-based sentence (as those terms are…

Section 304 — Duty of chief executive to provide for supervision

304 Duty of chief executive to provide for supervision Where, pursuant to section 283(k) or section 307(1) of this Act, a young person is placed under the supervision of the chief executive, the…

Section 305 — Conditions of supervision order

305 Conditions of supervision order Where the Court makes an order under section 283(k) of this Act placing a young person under the supervision of the chief executive or a person or organisation…

Section 306 — Power of Court to impose additional conditions

306 Power of Court to impose additional conditions (1) The Court, in making an order under section 283(k) of this Act placing a young person under the supervision of the chief executive or a person…

Section 307 — Supervision with activity order

307 Supervision with activity order (1) Where a charge against a young person is proved before a Youth Court, the Court may, with the consent of the young person, make an order placing the young…

Section 308 — Conditions of supervision with activity order

308 Conditions of supervision with activity order (1) The conditions specified in section 305 of this Act shall apply to every order made under section 307(1) of this Act as if that order were an…

Section 309 — Failure to observe conditions of supervision order or supervision with activity order

309 Failure to observe conditions of supervision order or supervision with activity order (1) Where the Court makes an order under section 283(k) or section 307 of this Act placing a young person…

Section 310 — Suspension, cancellation, and variation of supervision order or supervision with activity order

310 Suspension, cancellation, and variation of supervision order or supervision with activity order (1) Where the Court makes an order under section 283(k) or section 307 of this Act placing a young…

Section 311 — Supervision with residence order

311 Supervision with residence order (1) Where a charge against a young person is proved before a Youth Court, the Court may make an order placing the young person in the custody of the chief…

Section 312 — Effect of supervision with residence order

312 Effect of supervision with residence order (1) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive,— (a) the chief executive…

Section 313 — Court may make orders for access and exercise of other rights by parents and other persons

313 Court may make orders for access and exercise of other rights by parents and other persons (1) Where the Court makes an order under section 311 of this Act placing a young person in the custody…

Section 314 — Chief executive may release young person from custody before expiry of supervision with residence order

314 Chief executive may release young person from custody before expiry of supervision with residence order Where the Court makes an order under section 311 of this Act placing a young person in the…

Section 315 — Supervision with residence order to cease to run if young person absconds

315 Supervision with residence order to cease to run if young person absconds Where a young person who is subject to an order made under section 311(1) of this Act absconds from the custody of the…

Section 316 — Court may cancel supervision with residence order if young person absconds

316 Court may cancel supervision with residence order if young person absconds (1) A Youth Court may, on the application of the chief executive, cancel an order made under section 311 of this Act…

Section 317 — When supervision with residence order ceases to have effect

317 When supervision with residence order ceases to have effect (1) Every order made under section 311(1) of this Act shall cease to have effect when the term of the order expires or the young person…

Section 318 — Search without warrant

318 Search without warrant (1) For the purpose of exercising the powers conferred by section 312 of this Act in respect of any young person, any member of the Police or any Social Worker or any other…

Section 319 — Medical treatment of young person in custody of chief executive

319 Medical treatment of young person in custody of chief executive No young person who has been placed in the custody of the chief executive pursuant to an order made under section 311 of this Act…

Section 320 — Report to be made to Court on effectiveness of certain orders

320 Report to be made to Court on effectiveness of certain orders (1) Where the Court makes a community work order under section 298 of this Act, the Social Worker or, as the case may be, the person…

Section 321 — Application of District Courts Act 1947 and Summary Proceedings Act 1957

321 Application of District Courts Act 1947 and Summary Proceedings Act 1957 (1) Subject to the provisions of this Act, the provisions set out in Schedule 1 to this Act shall apply, with such…

Section 322 — Time for instituting proceedings

322 Time for instituting proceedings A Youth Court Judge may dismiss any information charging a young person with the commission of an offence if the Judge is satisfied that the time that has elapsed…

Section 323 — Appointment of Youth Advocate to represent child or young person

323 Appointment of Youth Advocate to represent child or young person (1) Where a child or young person appears before a Youth Court charged with an offence, then unless— (a) The child or young person…

Section 324 — Further provisions relating to Youth Advocate

324 Further provisions relating to Youth Advocate (1) A Youth Advocate appointed to represent a child or young person in any proceedings shall have, in relation to the representation of that child or…

Section 325 — Payment of Youth Advocate

325 Payment of Youth Advocate (1) The fees and expenses of a Youth Advocate shall, in accordance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated…

Section 326 — Appointment of lay advocate

326 Appointment of lay advocate (1) Where a child or young person appears before a Youth Court charged with an offence, the Court may, on application by any person entitled to make representations in…

Section 327 — Functions of lay advocate

327 Functions of lay advocate The principal functions of a lay advocate appointed under section 326 of this Act are as follows: (a) To ensure that the Court is made aware of all cultural matters that…

Section 328 — Further provisions relating to lay advocate

328 Further provisions relating to lay advocate Subsections (2) and (3) of section 324 of this Act shall apply, with all necessary modifications, with respect to every lay advocate appointed under…

Section 328A — Payment of lay advocate

328A Payment of lay advocate (1) The fees and expenses of any lay advocate appointed under section 326 of this Act shall, in accordance with regulations made under this Act, be paid out of public…

Section 329 — Persons entitled to be present at hearing

329 Persons entitled to be present at hearing (1) No person shall be present during the hearing of any proceedings in a Youth Court relating to a child or young person except— (a) Officers of the…

Section 330 — Right to make representations in Youth Court

330 Right to make representations in Youth Court (1) Where a child or young person appears before a Youth Court charged with an offence, representations may be made to the Court on behalf of the…

Section 331 — Matters before Court to be dealt with separately

331 Matters before Court to be dealt with separately So far as practicable the sittings of a Youth Court shall be so arranged that— (a) Persons attending are not brought into contact with persons in…

Section 332 — Arrangements for hearing of proceedings in Youth Court

332 Arrangements for hearing of proceedings in Youth Court (1) So far as practicable the hearing of proceedings in a Youth Court shall be arranged in a manner that keeps to a minimum the time that…

Section 333 — Medical, psychiatric, and psychological reports

333 Medical, psychiatric, and psychological reports (1) If, at any stage of any proceedings under Part 4 of this Act, it appears to the Court that a medical, psychiatric, or psychological report…

Section 334 — Report by Social Worker

334 Report by Social Worker (1) Where the Court makes a finding that a charge against a young person is proved, the Court may, before making any order under section 283 of this Act, obtain a report…

Section 335 — Report to be accompanied by plan

335 Report to be accompanied by plan (1) Every report required under section 334 of this Act in relation to any order proposed to be made under paragraph (k) or paragraph (l) or paragraph (m) or…

Section 336 — Court may obtain cultural or community report

336 Court may obtain cultural or community report Before making any order under section 283 of this Act the Court may make any order that a Family Court is empowered to make under section 187 of this…

Section 337 — Reports may be made orally

337 Reports may be made orally The Court may, unless any person entitled to make representations in the proceedings objects, direct that any report required pursuant to section 334 (other than a…

Section 338 — Privilege for reports

338 Privilege for reports The provisions of section 188 of this Act shall apply with such modifications as may be necessary with respect to every report furnished to the Court pursuant to section 333…

Section 339 — Access to reports and plans under this Part of this Act

339 Access to reports and plans under this Part of this Act The provisions of sections 191 to 194 of this Act shall apply with such modifications as may be necessary with respect to— (a) Every report…

Section 340 — Written statement of terms of certain orders to be given to young person

340 Written statement of terms of certain orders to be given to young person (1) Where a Court makes an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) or paragraph (o)…

Section 341 — Rights of appeal against decisions of Family Courts

341 Rights of appeal against decisions of Family Courts (1) This subsection applies to a decision of a Family Court, in proceedings under this Act, to— (a) make or refuse to make an order (other than…

Repealed

Section 342 — Procedure for bringing appeal

342 Procedure for bringing appeal [Repealed] Section 342 was substituted, as from 3 June 1998, by section 3 Children, Young Persons, and Their Families Amendment Act 1998 (1998 No 30). See section 5…

Section 343 — Notice of appeal to be given to local principal manager of the Department

343 Notice of appeal to be given to local principal manager of the Department Except where the appellant is the chief executive, notice of the fact that an appeal has been lodged under section 341(2)…