{"kind":"expression","expression":{"expr_id":"461","doc_id":"461","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-02-26","superseded_on":null,"valid_from":"2021-02-26","valid_to":null,"is_current":"t","incorporating":"[\"LAW32\/020 Youth Justice (Amendment) Law, 2020 - LG49\/2020\/s8 - 7-Jul-2020\", \"LAW56\/2020 Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 - 3-Dec-2020\"]","akn_expr_iri":"\/akn\/ky\/act\/1995\/8\/eng@2021-02-26","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1995\/8\", \"expression\": \"\/akn\/ky\/act\/1995\/8\/eng@2021-02-26\", \"manifestation\": \"\/akn\/ky\/act\/1995\/8\/eng@2021-02-26.pdf\"}, \"pdf\": {\"md5\": \"d17f945d49385515f91b94df380abba9\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.pdf\", \"pages\": 42, \"filename\": \"1995-0008_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 11931, \"paragraph_count\": 35, \"text_char_count\": 73153}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"SECOND SCHEDULE Youth Rehabilitation Orders ENDNOTES Youth Justice Act (2021 Revision) (2021 Revision) PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Youth Justice Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Act \u2014 \u201ccommunity service order\u201d has the same meaning as in the Penal Code (2019 Revision); \u201ccourt of summary jurisdiction\u201d includes a youth court; \u201cdetention facility\u201d has the meaning assigned to it under section 14(4); \u201cindictable offence\u201d means an offence which is triable on indictment, whether it is exclusively so triable or triable either way; \u201cjustice of the peace\u201d has the same meaning as in the Summary Jurisdiction Act (2019 Revision); \u201cmagistrate\u201d has the same meaning as in the Summary Jurisdiction Act (2019 Revision); \u201coffence\u201d has the same meaning as in the Penal Code (2019 Revision); Youth Justice Act (2021 Revision) \u201coffence triable either way\u201d means an offence which is triable either on indictment or summarily, and the terms \u201cindictable\u201d, \u201csummary\u201d and \u201ctriable either way\u201d, in their application to offences, are to be construed accordingly; \u201cparental responsibility\u201d has the same meaning as in the Children Act (2012 Revision); \u201cprobation order\u201d has the same meaning as in the Alternative Sentencing Act (2008 Revision); \u201csummary offence\u201d means an offence which is triable only summarily; \u201cyoung person\u201d means, subject to the provisions relating to youth rehabilitation orders, a person under the age of seventeen; and \u201cyouth court\u201d means a court of summary jurisdiction constituted under section 3. PART II - Youth Courts and Proceedings with Respect to Young Persons Constitution and jurisdiction of youth courts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Constitution of youth courts 3. (1) Courts of summary jurisdiction \u2014 (a) constituted in accordance with subsection (2); and (b) sitting for the purposes of exercising any jurisdiction conferred on youth courts by or under this Act, shall be known as youth courts. (2) Youth courts shall be presided over by \u2014 (a) a magistrate sitting alone; (b) a magistrate sitting with two justices of the peace, at least one of the justices being of the opposite sex to the magistrate; or (c) three justices of the peace, at least one of whom is a woman.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"General jurisdiction of youth courts 4. (1) Youth courts shall have jurisdiction to try all summary offences committed by young persons in the Islands. (2) A youth court shall, in addition to the powers conferred by this Act, have the same powers in relation to the exercise of its jurisdiction as a court of summary jurisdiction which is not a youth court. (3) Where a young person is charged with a summary offence \u2014 Youth Justice Act (2021 Revision) (a) on that person\u2019s own; or (b) jointly with another young person, the Clerk of the court shall arrange for the charges to be heard by a youth court. (4) On hearing \u2014 (a) a charge against a young person; or (b) any application in criminal proceedings with respect to a young person, a youth court may proceed to hear the charge or application notwithstanding that it is discovered after the commencement of the hearing that that person is not a young person. (5) Where \u2014 (a) any offence is committed by a person before that person attains the age of seventeen; and (b) that person is not tried for that offence until after that person has attained that age, that person may be tried before any court. Assignment of charges to courts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Assignment of summary charges to courts 5. (1) Subject to subsections (2) to (5), no charge against a young person with respect to a summary offence shall be heard by a court of summary jurisdiction which is not a youth court. (2) A charge with respect to a summary offence made jointly against a young person and a person who has attained the age of seventeen years shall be heard by a court of summary jurisdiction other than a youth court. (3) Where a young person is charged with a summary offence, the charge may be heard by a court of summary jurisdiction which is not a youth 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. (4) Where, in the course of any proceedings before any court of summary jurisdiction other than a youth court, it appears that the person to whom the proceedings relate is a young person, nothing in subsection (1) shall be construed as preventing the court, if it thinks fit to do so, from proceeding with the hearing and determination of those proceedings. (5) The provisions of this section are subject to the power of a judge of the Grand Court conferred by section 7. Youth Justice Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Trial of indictable offences and offences triable either way 6. (1) Where a young person is charged on that person\u2019s own with an indictable offence triable only on indictment, that person shall be committed by a youth court for trial before the Grand Court. (2) Where a young person is charged on that person\u2019s own with an offence triable either way, the mode of trial for that offence shall be determined by a youth court in accordance with the provisions of the Criminal Procedure Code (2021Revision) applicable to the offence. (3) Where a young person is charged jointly with another young person with an offence triable either way, the mode of trial for that offence shall be determined by a youth court in accordance with the provisions of the Criminal Procedure Code (2021 Revision) applicable to the offence. (4) Where a young person is charged with an offence triable either way, jointly with another person who has attained the age of seventeen, the mode of trial for that offence shall be determined by a court of summary jurisdiction other than a youth court. (5) The provisions of this section are subject to the power of a judge of the Grand Court conferred by section 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Power to order joint trial of young person with an adult 7. (1) This section applies where a young person and a person who has attained the age of seventeen are jointly charged with any criminal offence. (2) Where this section applies, and notwithstanding the provisions of any other law, a judge of the Grand Court may order a joint trial on such terms and conditions as that judge may decide to impose having regard both to the welfare of the young person and the necessity of doing justice in the case. (3) An application for an order under subsection (2) may be made to a judge in chambers before a mode of trial has been determined for any of the joint charges with respect to which the application is made. (4) In subsection (2) \u2014 \u201ctrial\u201d includes committal proceedings. Powers of courts relating to young persons\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Determination of age of young persons 8. (1) Where \u2014 (a) a person (whether or not charged with an offence) is brought before any court in any criminal proceedings otherwise than for the purpose of giving evidence; and Youth Justice Act (2021 Revision) (b) it appears to the court that that person is a young person, the court shall make due enquiry as to that person\u2019s age. (2) Where \u2014 (a) an enquiry under subsection (1) has been made; and (b) as a result of the enquiry it appears to the court that the person has not attained the age of seventeen, that person shall be deemed to be a young person for the purpose of the proceedings. (3) The age of a young person determined as a result of the enquiry shall be deemed, for the proceedings concerned, to be the true age of that person. (4) Any order made by a court shall not be invalidated by subsequent proof that the age of a person under this section was not correctly determined.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Power to hear case in absence of young person 9. (1) Where, in any proceedings to which this section applies, the court is satisfied that the attendance before it of any young person (in respect of whom the offence is alleged to have been committed) is not essential to the just hearing of the case, the court may proceed to hear and determine the proceedings in the absence of the young person. (2) Subsection (1) applies to proceedings \u2014 (a) before a youth court; and (b) with respect to a young person, before any other court. Protection of welfare of young persons in criminal courts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Sitting of youth courts, etc. 10. (1) Youth courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other law. (2) No person shall be present at any sitting of a youth court or other court hearing a charge against a young person except \u2014 (a) members or officers of the court; (b) parties to the case before the court, their attorneys-at-law and witnesses giving or having given their evidence; (c) other persons directly concerned with the case, including \u2014 (i) parents, guardians or persons having parental responsibility for the young person concerned; (ii) social workers, teachers, Education Department officers and probation officers; and Youth Justice Act (2021 Revision) (d) such other persons as the court may authorise to be present.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Separation of young persons from adults in police stations, etc. 11. (1) In the circumstances mentioned in subsection (2), the Commissioner of Police shall, wherever practicable, make arrangements \u2014 (a) for preventing a young person from associating with an adult who is not a relative or other person having parental responsibility for that person and is charged with any offence other than an offence with which the young person is jointly charged; and (b) for ensuring that a young person who is a girl shall be under the care of a woman. (2) The circumstances are where a young person is \u2014 (a) detained in a police station; or (b) conveyed to or from any criminal court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Reporting restrictions 12. (1) In relation to any proceedings in any court, such court may direct that \u2014 (a) no published report of or comment on the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any young person concerned in the proceedings, either as being the person by, against or in respect of whom the proceedings are taken, or as being a witness in the proceedings; and (b) no picture shall be published as being or including a picture of any young person so concerned in the proceedings. (2) Whoever publishes any matter in contravention of subsection (1) is guilty of an offence and liable on summary conviction, in respect of each such offence, to a fine of five thousand dollars or to imprisonment for six months. Proceedings with respect to young persons\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Duty of parent, etc., to attend court 13. (1) Where a young person is charged with an offence, or is for any other reason brought before any court, the court shall require a person who is a \u2014 (a) parent of the young person; or (b) guardian or other person who has parental responsibility for that person , to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance having regard to the circumstances of the case. (2) For the purposes \u2014 Youth Justice Act (2021 Revision) (a) of enforcing the attendance of the parent, guardian or other person with parental responsibility; (b) enabling that person to take part in the proceedings; and (c) enabling the court to make orders against that person , the court may issue and serve a summons on the parent, guardian or other person with parental responsibility requiring that person\u2019s attendance before the court. (3) Where \u2014 (a) a court has issued a summons under subsection (2) which has been (or is due to be) served on the parent, guardian or other person with parental responsibility for a young person charged with an offence; and (b) the court is satisfied that the parent, guardian or other person will not, without an order, cooperate with the Department of Social Services in carrying out its functions under this Act with respect to the young person, the court may make an order requiring that parent, guardian or other person to take such action specified in the order as the court determines is reasonable for the purpose of ensuring that cooperation. (4) Where a court \u2014 (a) has issued and served a summons under subsection (2) requiring the attendance at a court of a parent or guardian of a young person, or other person with parental responsibility for that person , and that parent, guardian or other person has, without reasonable excuse, failed to attend at the court in compliance with the summons; or (b) has made an order under subsection (3) requiring action specified in the order to be taken, and the court is satisfied that the person required to take that action has, without reasonable excuse, failed to do so, the court may issue a warrant for the arrest of that parent, guardian or other person requiring that person to be brought before the court. (5) Where a court, before which a parent, guardian or other person is brought under subsection (4), is satisfied that the parent, guardian or other person has, without reasonable excuse, failed \u2014 (a) to attend as mentioned in subsection (3); or (b) to take action as mentioned in subsection (4), the court may, without prejudice to any other order or proceedings, impose on that parent, guardian or other person a fine of one thousand dollars. (6) A person may appeal \u2014 (a) against an order under subsection (5) made by a youth court, or any other court of summary jurisdiction, to the Grand Court; and Youth Justice Act (2021 Revision) (b) against an order under that subsection made by the Grand Court to the Court of Appeal under Part III of the Court of Appeal Act (2011 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Bail or detention of young person 14. (1) Where a young person has been taken into custody (whether or not with a warrant) and cannot be brought without delay before a court, the police officer in charge of the police station to which that person is brought \u2014 (a) shall enquire into the case; and (b) may release that person on bail under section 65 of the Police Act (2021 Revision). (2) Where the young person is not released on bail, the police officer in charge of the police station shall, immediately and no later than three hours after the decision not to release the young person on bail \u2014 (a) inform the Department of Social Services and, where the young person is of compulsory school age (within the meaning of the Education Act, 2016 [Law 48 of 2016]), the Chief Education Officer of the detention of the young person; (b) take such steps as are practicable to ascertain the identity of a person responsible for the welfare of the young person; and (c) detain the young person in a detention facility for a period not exceeding forty-eight hours until that person can be brought before a court. (3) If it is practicable to ascertain the identity of a person responsible for the welfare of the young person, the police officer in charge of the police station shall inform that person \u2014 (a) that the young person has been detained; (b) why that person has been detained; and (c) where that person has been detained, unless it is not practicable to do so. (4) In subsection (2), section 15 and the First Schedule \u2014 \u201cdetention facility\u201d means \u2014 (a) any place declared by order of the Cabinet to be a detention facility for the purposes of this Act; (b) any police station lock-up; or (c) Northward Prison, Grand Cayman.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Remand 15. (1) Where a court remands a young person in custody, it shall commit that person to custody of a detention facility to be detained there for the period of the remand. Youth Justice Act (2021 Revision) (2) Where a young person has been committed to be detained in a detention facility under this section, the court may commit that person to another detention facility if satisfied, on application by a police officer or social worker, that the detention facility in which that person is being detained is not appropriate. (3) In considering whether a particular detention facility is appropriate the court shall have regard to all the circumstances, including \u2014 (a) the welfare of the young person; (b) the need to ensure the young person \u2014 (i) does not fail to attend at the court when required to do so; (ii) does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to themselves or another person; (iii) makes themselves available to enable any report to be prepared under section 19; and (iv) does not commit any further offences; (c) the likelihood of the young person absconding from the detention facility; (d) whether the young person has breached any conditions of a rehabilitation order or probation order; and (e) the nature of any offence with which the young person is charged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Notice to social services and information to court 16. (1) Where a young person is to be brought before any court, the person responsible for bringing that person before the court shall give notice to the Department of Social Services \u2014 (a) of the grounds on which the young person is to be brought before the court; and (b) of the date on which that person will be so brought, as soon as is practicable and, whenever possible, at least fifteen days before that date. (2) On receiving the notice, it shall be the duty of the Department to make such investigations, to inform such other Departments, and make available to the court such information about \u2014 (a) the background; (b) school record; and (c) age, health and character, of the young person as the Department consider will be helpful to the court. (3) In any proceedings with respect to a young person, a court may receive information relating to the young person from any person whom it considers can help in the determination of the proceedings, and the court may adjourn the proceedings in order to be provided with that information. Youth Justice Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Evidence of young persons 17. (1) This section applies where, in proceedings against any person for an offence, a young person is called as a witness who does not, in the opinion of the court, understand the nature of an oath. (2) In proceedings to which this section applies the evidence of a young person who does not understand the nature of an oath may be given if \u2014 (a) in the opinion of the court, that person is possessed of sufficient intelligence to justify the reception of the evidence; and (b) he understands the duty of speaking the truth. (3) The evidence of a young person given under subsection (2), though not given on oath but otherwise reduced into writing, shall be deemed to be a deposition for the purposes of this and any other law. (4) Repealed by section 2 of the Youth Justice (Amendment) Act, 2020 [Law 32 of 2020]. (5) Where a young person wilfully gives false evidence under subsection (2) in such circumstances that that person would, if this evidence had been given on oath, have been guilty of perjury, that person is guilty of an offence and liable on conviction on indictment to the same punishment as if that person had committed perjury.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Duties of court 18. (1) When a young person is brought before a court, it shall explain to that person , in as simple language as possible, the reason for that person being before the court and where the young person\u2019s ability to understand that reason is impaired through any disability, the court shall ensure such reasonable assistance is given to the young person as it thinks will help the young person to understand the explanation. (2) Where a young person who is not legally represented is charged before a court, it shall ascertain that person\u2019s defence, if any, to assist that person and that person\u2019s parent, guardian or other person having parental responsibility for that person in putting such questions to any witness as appear to the court to be necessary.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Pre-sentencing reports 19. (1) This section applies where \u2014 (a) a young person admits an offence with which that person has been charged; or (b) the court is satisfied that the offence has been proved, and a finding to that effect is recorded. Youth Justice Act (2021 Revision) (2) Before sentencing the young person, the court shall obtain such information as it considers it requires as to the young person\u2019s \u2014 (a) circumstances, including any previous offences; (b) background; and (c) school and medical records, as may enable it to sentence the young person appropriately. (3) For the purpose of obtaining any such information the court may, from time to time, remand the young person on bail or in custody. PART III - Young Persons and Offences Punishment of offences\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Punishment of offences 20. (1) Where a young person is found guilty of any offence before a youth court, the court may \u2014 (a) either make any one or more of the orders specified in subsection (2); or (b) make any one or more of the orders specified in subsection (3), and any such order may be made in addition to or in lieu of any order referred to in subsection (4). (2) The orders referred to in paragraph (a) of subsection (1) are \u2014 (a) an order absolutely or conditionally discharging the young person; a condition being that that person commits no further offences within twelve months of the date of the offence for which that person was convicted; (b) an order under the Mental Health Act (2021 Revision); (c) a community service order; (d) a probation order; and (e) an order requiring the young person to attend at such premises as may be specified in the order for such number of hours as, under section 24, may be so specified. (3) The orders referred to in paragraph (b) of subsection (1) are \u2014 (a) an order (a \u201cyouth rehabilitation order\u201d) requiring the young person to attend a rehabilitation school; or (b) a custodial sentence imposed in accordance with the First Schedule. Youth Justice Act (2021 Revision) (4) Where a young person is found guilty of any offence before a youth court, the court may, in addition to or in lieu of making any such order it has power to make under subsection (1), make an order \u2014 (a) confiscating any property of the young person used in connection with the commission of the offence; (b) requiring the young person to comply with an order made under any other law; (c) requiring that person to pay a fine, compensation or costs; or (d) in respect of an offence involving the use or attempted use of a motor vehicle, disqualifying the young person from obtaining a driving licence for such period, not exceeding seven years, as the court thinks fit. (5) Where a young person has been found guilty of an offence before \u2014 (a) a court of summary jurisdiction other than a youth court; or (b) the Grand Court, the court may, in addition to or in lieu of any other sentence it has power to impose on the young person for the offence, make any of the orders which a youth court has power to make under this Act. (6) Where a court dealing with any charge against a young person has heard both the prosecution and the accused person and their witnesses, the court may, without recording a conviction, if it is of the opinion that it is not expedient to inflict any punishment notwithstanding that it finds the charge against the accused is proved, make an order discharging the accused absolutely or conditionally. Orders imposed on parents of young persons\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Power to order parent or guardian to pay fine, etc. 21. (1) Where \u2014 (a) a young person is found guilty of any offence before \u2014 (i) a youth court; (ii) any other court of summary jurisdiction; or (iii) the Grand Court; and (b) the court is of opinion that the case would best be met by the imposition of a fine, costs or the making of a compensation order, whether with or without other punishment, it is the duty of the court, subject to subsection (2), to order that the fine, compensation or costs awarded be paid by the parent or guardian of, or other Youth Justice Act (2021 Revision) person who has parental responsibility for, the young person instead of by the young person themselves. (2) A court shall not be under the duty specified in subsection (1) where the court is satisfied \u2014 (a) that the parent, guardian or other person having parental responsibility cannot be found; or (b) that it would be unreasonable to make an order for payment having regard to the circumstances of the case. (3) An order under subsection (1) may be made against a parent, guardian or other person having parental responsibility who, having been required to attend, has failed to do so, but, otherwise, no such order shall be made without giving the parent, guardian or other person having parental responsibility an opportunity of being heard. (4) A person may appeal against an order under this section made by \u2014 (a) a youth court or any other court of summary jurisdiction, to the Grand Court; and (b) the Grand Court, to the Court of Appeal under Part III of the Court of Appeal Act (2011 Revision). (5) In relation to a young person for whom the Department of Social Services has parental responsibility and who is \u2014 (a) in its care; or (b) provided with accommodation by, or on behalf of, the Department in the exercise of its functions under the Children Act (2012 Revision), references in this section to that person\u2019s parent or guardian shall be construed as references to that Department.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Binding over of parent or guardian, etc. 22. (1) Where a young person is found guilty of any offence before \u2014 (a) a youth court; (b) any other court of summary jurisdiction; or (c) the Grand Court, it shall be the duty of the court to exercise the powers conferred by this section if it is satisfied that, having regard to the circumstances of the case, their exercise would be desirable in the interests of preventing the commission by the young person of further offences. (2) Where the court is not satisfied as mentioned in subsection (1) it shall state in open court \u2014 Youth Justice Act (2021 Revision) (a) that it is not satisfied that the exercise of the powers conferred on the court by this section would be desirable in the interests of preventing the commission by the young person of further offences; and (b) why it is not so satisfied. (3) The powers conferred by this section are \u2014 (a) to order the parent, guardian or other person who has parental responsibility for the young person to enter into a recognizance to take proper care of that person and exercise proper control over that person ; and (b) if the parent, guardian or other person having parental responsibility refuses to enter into the recognizance and the court considers the refusal unreasonable, to order that parent, guardian or other person having parental responsibility to pay a fine of five thousand dollars. (4) An order under this section shall not require the parent, guardian or other person having parental responsibility to enter into a recognizance for a period exceeding three years or, where the young person will attain the age of seventeen years in a period shorter than three years, for a period exceeding that shorter period. (5) In fixing the amount of a recognizance under this section, the court shall take into account among other things the means of the parent guardian or other person having parental responsibility so far as they appear or are known to the court; and this subsection applies whether taking into account the means of the parent, guardian or other person having parental responsibility has the effect of increasing or reducing the amount of the recognizance. (6) A person may appeal against an order under this section made by \u2014 (a) a youth court or any other court of summary jurisdiction, to the Grand Court; and (b) the Grand Court, to the Court of Appeal of the Islands under Part III of the Court of Appeal Act (2011 Revision). (7) The Grand Court may vary or revoke an order made by it under this section if, on the application of the parent, guardian or other person having parental responsibility, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so. (8) Where \u2014 (a) a recognizance has been entered into in pursuance of an order under paragraph (a) of subsection (3) before any court; and (b) the recognizance appears to any court of summary jurisdiction to be forfeited, Youth Justice Act (2021 Revision) the court may, by order made on complaint, declare the recognizance to be forfeited and adjudge the person bound thereby to pay the sum in which that person is bound, or part of that sum. (9) Payment of any sum adjudged to be paid under subsection (8) including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction for an offence. Probation orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Probation orders 23. (1) Where a young person has been placed under the supervision of a probation officer by a probation order made under this Act, the probation officer shall, in addition to that probation officer\u2019s powers and duties under the Alternative Sentencing Act (2008 Revision) \u2014 (a) visit, advise and befriend the young person; and (b) if it appears necessary in the interests of welfare, bring that person before a youth court to apply for such further order under section 20 of this Act or under the Alternative Sentencing Act (2008 Revision) as appears to the probation officer to be appropriate. (2) On an application made under paragraph (b) of subsection (1), a youth court may \u2014 (a) vary or discharge the probation order; (b) make such order under section 20(1), including a further probation order, as it thinks fit; or (c) make such order under the Alternative Sentencing Act (2008 Revision) as it thinks fit. (3) Any \u2014 (a) requirement or condition in a probation order; and (b) duty imposed by paragraph (a) of subsection (1) to visit, advise and befriend a young person subject to a probation order, shall not apply after the young person attains the age of seventeen years. Attendance orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Attendance orders 24. (1) A court shall make an order under paragraph (e) of section 20(2), an \u201cattendance order\u201d, in accordance with subsections (2) to (5). Youth Justice Act (2021 Revision) (2) The aggregate number of hours for which an attendance order may require a young person to attend at the premises specified in the order shall not be less than ten and shall not exceed fifty. (3) A court may make an attendance order in respect of a young person before a previous attendance order made in respect of that person has ceased to have effect, and may determine the number of hours to be specified in the order without regard \u2014 (a) to the number of hours specified in the previous order; or (b) to the fact that the previous order is still in effect. (4) An attendance order shall not be made unless the court is satisfied that the premises at which the young person is required to attend are reasonably accessible to that person , having regard to that person\u2019s age, the means of access available to that person and any other circumstances. (5) The times at which a young person is required to attend premises under an attendance order shall be such as to avoid interference, so far as practicable, with that person\u2019s school hours; and the times during which that person\u2019s attendance is so required shall be specified in the order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Discharge and variation of attendance orders 25. (1) An attendance order may be discharged on an application by the young person, a probation officer or social worker, made to a youth court; and on such an application the court may, by order, discharge the attendance order. (2) The power to discharge an attendance order includes power to deal with the young person, for the offence in respect of which the order was made, in any manner in which that person could have been dealt with for that offence by the court which made the order if the order had not been made. (3) An attendance order may, on the application of the young person, a probation officer or social worker, be varied by a youth court. (4) The power to vary an attendance order is a power by order \u2014 (a) to vary the times specified in the order during which the young person\u2019s attendance is required at the premises so specified; or (b) to substitute for those premises other premises which the court is satisfied are reasonably accessible to the young person having regard to that person\u2019s age, the means of access available to that person and any other circumstances. Youth Justice Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Breach of attendance orders 26. (1) Where an attendance order has been made, and it appears, on information in writing and on oath to a justice of the peace, that the young person has failed to attend in accordance with the order, the justice may issue a summons requiring the young person to appear before a youth court at the place and time specified in the summons. (2) Where an information under subsection (1) has been laid, the justice may issue a warrant for the young person\u2019s arrest requiring that person to be brought before a youth court. (3) Where the youth court (before which the young person appears or is brought under this section) is satisfied that the young person has failed without reasonable excuse to attend as mentioned in subsection (1), that court may, without prejudice to the continuation of the order, impose on that person a fine of one thousand dollars or, if the attendance order was made by \u2014 (a) a court of summary jurisdiction, revoke it and deal with that person, for the offence in respect of which the order was made, in any manner in which that person could have been dealt with for that offence by the court which made the order if the order had not been made; or (b) the Grand Court, commit that person in custody or release that person on bail until that person can be brought or appears before the Grand Court. (4) A fine imposed under subsection (3) shall be deemed, for the purposes of any enactment, including this Act, to be a sum adjudged to be paid by a conviction. (5) A youth court which deals with a young person\u2019s case under paragraph (b) of subsection (3) shall send to the Grand Court a certificate signed by a justice of the peace giving particulars of the young person\u2019s failure to attend as required by the attendance order, together with such other particulars of the case as may be described; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Grand Court. (6) Where, by virtue of paragraph (b) of subsection (3), the young person is brought or appears before the Grand Court, and it is proved to the satisfaction of the court that that person has failed to attend as required by the attendance order, the court may revoke the attendance order and deal with that person , for the offence in respect of which the order was made, in any manner in which it could have dealt with that person for that offence if it had not made the order. (7) In dealing with a young person under paragraph (a) of subsection (3) or under subsection (6), the court concerned \u2014 (a) shall take into account the extent to which the young person has complied with the requirements of the attendance order; and (b) may assume, in the case of a young person who has wilfully and persistently failed to comply with those requirements, that that person has Youth Justice Act (2021 Revision) refused to give that person\u2019s consent to a sentence which has been proposed by the court and required that consent. (8) A young person sentenced under paragraph (a) of subsection (3) for an offence may appeal to the Grand Court against the sentence. (9) In proceedings before the Grand Court under this section, any question whether there has been a failure to attend as required by an attendance order shall be determined by the court and not by the verdict of a jury. Youth rehabilitation orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Youth rehabilitation orders 27. (1) A court shall not make a youth rehabilitation order in respect of any young person unless \u2014 (a) it has received a report from a social worker which recommends that the young person in respect of whom the report was prepared would benefit from the order being made; (b) it is satisfied that \u2014 (i) the young person is beyond parental control; and (ii) it is in the interests of the welfare of the young person that the order is made; and (c) in respect of an order requiring the attendance of a young person at a school which is not in the Islands, the Attorney-General has given a certificate that the laws applicable \u2014 (i) to the education, training, residence and detention of young persons at that school; and (ii) travel to and from that school, are such as to allow the order to be carried out. (2) In considering whether to make a youth rehabilitation order, a court shall have regard to \u2014 (a) the welfare of the young person; (b) his educational needs; (c) his age, sex, religious persuasion and background; (d) the nature of the offence; and (e) all the other circumstances which the court considers relevant. (3) Where a social worker employed by the Department of Social Services, or a probation officer has reasonable grounds for believing a young person is beyond parental control, that social worker may make an application to a youth court for a youth rehabilitation order. Youth Justice Act (2021 Revision) (4) For the purposes of an application mentioned in subsection (3) \u2014 (a) sections 9, 10, 12, 13, 17 and 18 shall apply as if the young person was being dealt with by the court in proceedings to which those provisions relate; and (b) the court may grant the application in accordance with subsections (1) and (2). (5) A youth rehabilitation order \u2014 (a) shall require the attendance of the young person with respect to whom the order is made at the rehabilitation school specified in the order; and (b) may require the detention of that young person at that school for such period, not exceeding the duration of the order, as may be so specified. (6) After a court has made a youth rehabilitation order which requires the detention of the young person at a rehabilitation school, that person shall (unless the court otherwise orders) be detained at a detention facility to be determined by the court until that person is conveyed to that school. (7) The Second Schedule shall have effect for the purpose of making further provision with respect to youth rehabilitation orders and rehabilitation schools. Cautions and conditional discharges\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Cautions 28. (1) Subject to subsection (5), where a young person admits to the police to having behaved in a manner that amounts to an offence that person may be cautioned in accordance with this section instead of being charged and tried for the offence. (2) For the purpose of subsection (1), a caution shall take the form of a written statement that is \u2014 (a) read to the young person by a uniformed member of the police force of the rank of inspector or above in the presence of a parent, guardian or other person having parental responsibility for that person ; and (b) then signed by the young person, the police officer and the parent, guardian or other person having parental responsibility for the young person. (3) The statement shall contain \u2014 (a) details of the behaviour to which the young person admits; (b) details of the offence constituted by that behaviour; (c) a warning to the young person not to behave in that manner again; (d) a warning to the young person that if, while still a young person, that person is convicted of any offence the caution will be revealed to the court Youth Justice Act (2021 Revision) that convicts the young person and may be taken into account by that court when sentencing the young person for the offence; and (e) an acknowledgement by the young person \u2014 (i) that that person acted in the manner specified in the statement; and (ii) that that person has been made aware of the results of being convicted of any subsequent offence while still a young person. (4) The original statement shall be retained by the police and a copy shall be retained by the young person. (5) If a young person who has received a caution is convicted of an offence, the caution statement signed by the young person shall be produced to the court that convicted the young person and the court may take that person\u2019s previous behaviour (as described in the statement) into account when sentencing that person for the offence. (6) For the purposes of this section, \u201cyoung person\u201d means a person under the age of eighteen.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Breach of conditional discharge 29. (1) If it appears to a court, where it has jurisdiction in accordance with subsection (2), that a young person in whose case an order for conditional discharge has been made \u2014 (a) has been convicted by any court of an offence committed during the period of conditional discharge; and (b) has been dealt with in respect of that offence, the court may issue a summons requiring that person to appear at the time and place specified in the summons or issue a warrant for that person\u2019s arrest. (2) Jurisdiction for the purpose of subsection (1) may be exercised \u2014 (a) where the order for conditional discharge was made by the Grand Court, by that court; (b) where the order for conditional discharge was made by a court of summary jurisdiction other than a youth court, by any such court; or (c) where the order for conditional discharge was made by a youth court, by any such court. (3) If a young person in whose case an order for conditional discharge has been made by the Grand Court is convicted by any court of summary jurisdiction of an offence committed during the period of conditional discharge, the court of summary jurisdiction may commit that person to custody or release that person on bail until that person can be brought to appear before the Grand Court. (4) Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was Youth Justice Act (2021 Revision) made has been convicted of an offence committed during the period of conditional discharge, the court may deal with that person , for the offence for which the order was made, in any manner in which it could deal with that person if that person had just been convicted by or before that court of that offence. (5) If a person in whose case an order for conditional discharge has been made by any court of summary jurisdiction is convicted before the Grand Court of an offence committed during the period of conditional discharge, the Grand Court may deal with that person , for the offence for which the order was made, in any manner in which the court of summary jurisdiction could deal with that person if that person had just been convicted by or before that court of that offence. PART IV - Miscellaneous and Supplementary Provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Contribution orders 30. (1) Where an order has been made under section 20 requiring a young person to attend a rehabilitation school, it shall be the duty of the following persons to make contributions in respect of that person \u2014 (a) his parents; (b) his guardian; (c) any person who, at the date when an order is made, is cohabiting with that person\u2019s mother, whether or not that person is the father; and (d) any other person having parental responsibility for that person . (2) Contributions under subsection (1) shall be payable to the Clerk of the summary court to be applied by that person in or towards the maintenance, or otherwise for the benefit, of the young person. (3) Where any person is liable under subsection (1) to make contributions, any court may \u2014 (a) at the time the order under section 20 was made; or (b) at any later time during the period that the order remains in force, make a contribution order with respect to any such person requiring that person to contribute such sum in respect of each young person that person is responsible for as the court, in all the circumstances, thinks fit. (4) A contribution order \u2014 (a) shall remain in force throughout the period that the young person is required to attend the rehabilitation school; and (b) may, during that period, be varied or revoked on the application of \u2014 (i) the person liable to make the contributions; (ii) an authorised officer of the rehabilitation school; or Youth Justice Act (2021 Revision) (iii) the Department of Social Services. (5) A contribution order shall be enforceable by the Clerk of the Summary Court as if the contribution order was an order for the payment of periodical payments under the Children Act (2012 Revision) and paragraph 9 of Schedule 1 to that Act shall apply to the enforcement of contribution orders as it applies to the enforcement of orders under that Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Affiliation Orders 31. (1) Where \u2014 (a) an order has been made under section 20 requiring a young person to attend a rehabilitation school; (b) he is illegitimate; and (c) an affiliation order made under the Affiliation Act (1995 Revision) for that person\u2019s maintenance is in force, any court may, at any time, order the payments under the affiliation order to be paid to the Clerk of the summary court. (2) Sums received by the Clerk of the summary court under the affiliation order shall be applied to the maintenance of the young person as if they were contributions received under a contribution order. (3) Section 11 of the Affiliation Act (1995 Revision) (changes of address) shall apply to any order under subsection (1) with \u201cone thousand dollars\u201d substituted for \u201ctwenty dollars\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Appeals 32. (1) An appeal shall lie from any decision or order of a youth court to the Grand Court. (2) The procedure to be followed for such an appeal shall be the same as for an appeal from any other court of summary jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Procedure, forms and regulations 33. (1) In the period after the 12th March, 1996 and before the making of any rules by the Rules Committee of the Grand Court for giving effect to this Act \u2014 (a) the procedure to be followed \u2014 (i) in any court other than a youth court, shall be the procedure in force immediately before the start of that period; and (ii) in a youth court, shall be the procedure in force in a juvenile court immediately before the start of that period; and Youth Justice Act (2021 Revision) (b) the forms to be used for the purposes of this Act shall be the forms in use for the purposes of the repealed Juveniles Law, 1990 [Law 19 of 1990] immediately before the start of that period.*see note 1 on p. 39. (2) Any order, directions or regulations made by the Cabinet may \u2014 (a) make different provision for different cases; (b) provide for exemptions from any of its provisions; and (c) contain such incidental, supplemental and transitional provisions as the Cabinet considers expedient.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Amendments, repeals and transitional provisions 34. (1) The amendments and repeals set out in Part I of the Third Schedule shall have effect. (2) The transitional provisions set out in Part II of the Third Schedule shall have effect. Youth Justice Act (2021 Revision) FIRST SCHEDULE FIRST SCHEDULE (section 20(3)) Custody and Detention of Young Offenders General restrictions on custodial sentences 1. (1) The only custodial sentences that a court may make where a young person is found guilty of an offence are the sentences mentioned in this Schedule. (2) A court shall not pass a custodial sentence under this Schedule on a young person who is not legally represented in that court unless \u2014 (a) he has applied for legal aid under the Legal Aid Act, 2015 [Law 17 of 2015] and the application was refused on the ground that it did not appear that that person\u2019s means were such that that person required assistance; or (b) having been informed of that person\u2019s right to apply for assistance in accordance with that Act and having had the opportunity to do so, that person refused or failed to apply. Custodial sentences for murder and other grave crimes before the Grand Court 2. (1) Where a young person is found guilty before the Grand Court of \u2014 (a) murder; or (b) any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence that person to imprisonment during the court\u2019s pleasure. (2) Where a young person is found guilty of any other offence before the Grand Court for which a person who has attained the age of seventeen would be liable to imprisonment for life, the court shall, if it considers that a custodial sentence would be appropriate, sentence that person to imprisonment during the court\u2019s pleasure. FIRST SCHEDULE Youth Justice Act (2021 Revision) Custodial sentences for offences punishable in the case of adults with imprisonment 3. Where a young person is found guilty before any court of any offence other than an offence mentioned in paragraph 2, punishable in the case of a person who has attained the age of seventeen with imprisonment, then, if the court is of the 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 offence is punishable in the case of a person who has attained the age of seventeen, as may be specified in the sentence. Sentences of detention at rehabilitation schools 4. Where a young person is found guilty of any offence, other than an offence mentioned in paragraph 2, the court may sentence that person to be detained at any rehabilitation school, which the court orders that person to attend under paragraph (a) of section 20(3), in accordance with the provisions of the Second Schedule. Place and conditions of detention 5. Where any sentence of detention has been passed with respect to a young person under paragraph 2 or 3, that person shall be liable to be detained in such place (including a prison) and subject to such conditions as the court may direct, and while so detained shall be deemed to be in legal custody. Qualifications for custodial sentence under paragraph 3 6. (1) A court may not pass a sentence of detention under paragraph 3 unless it is satisfied \u2014 (a) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged seventeen or over the court would pass a sentence of imprisonment; and (b) that the offender qualified for a custodial sentence. (2) An offender qualifies for a custodial sentence if \u2014 (a) he has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to them; (b) only a custodial sentence would be adequate to protect the public from serious harm from that person ; or (c) the offence of which that person has been found guilty was so serious that a non-custodial sentence for it cannot be justified. (3) Where any court passes a sentence of detention under paragraph 3 it shall be its duty \u2014 Youth Justice Act (2021 Revision) FIRST SCHEDULE (a) to state in open court that it is satisfied that that person qualified for a custodial sentence under one or more of the subsubparagraphs of subparagraph (2), the subsubparagraph or subsubparagraphs in question and why it is so satisfied; and (b) to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on that person . Consecutive sentences of detention 7. Where a young person is found guilty of more than one offence for which that person is liable to a sentence of detention under this Schedule, or a young person who is serving a sentence of detention imposed in accordance with this Schedule is found guilty of one or more further offences for which that person is liable to such a sentence, the court shall have the same power to pass consecutive sentences of detention under this Schedule as if they were sentences of imprisonment. SECOND SCHEDULE Youth Justice Act (2021 Revision) SECOND SCHEDULE (section 27) Youth Rehabilitation Orders Youth rehabilitation orders 1. (1) A youth rehabilitation order may be varied, suspended, discharged or reviewed \u2014 (a) by the court that made it, on its own motion or on the application of any authorised person; or (b) by any court on the application of any authorised person. (2) A youth rehabilitation order shall not extend beyond the date on which the offender in respect of whom the order was made attains the age of nineteen years. (3) A youth rehabilitation order may, subject to subparagraph (2), require the detention of the offender at a rehabilitation school for such period not exceeding three years or the length of the order, whichever is the less, as the court thinks fit. (4) In this paragraph \u2014 \u201cauthorised person\u201d means \u2014 (a) a social worker or probation officer; and (b) after an order has been in force for one year, the young person with respect to whom the order was made. (5) Paragraph 4 makes further provision with respect to the suspension of a youth rehabilitation order. Supplementary provisions as to detention 2. (1) Where a rehabilitation order requires the detention of a young person at a rehabilitation school, and accommodation for the person at such a school is not immediately available, the court may \u2014 (a) commit the offender to the care of such person mentioned in subparagraph (2) as the court, having regard to all the circumstances, thinks fit, or (b) make any order \u2014 (i) under section 20; or (ii) under any other powers available to it, Youth Justice Act (2021 Revision) SECOND SCHEDULE whether in lieu of or in addition to the rehabilitation order, as it thinks fit. (2) The persons are \u2014 (a) a person carrying on a registered children\u2019s home within the meaning of the Children Act (2012 Revision). (b) the child\u2019s \u2014 (i) parent; (ii) guardian; or (iii) other person having parental responsibility for that person ; or (c) the officer in charge of any police station or Northward Prison. (3) The court shall not make any committal order under subparagraph (1) unless it is satisfied that arrangements have been made by the person into whose care it proposes to commit the young person for that person\u2019s accommodation under this paragraph. (4) A young person detained in pursuance of arrangements made for that person\u2019s detention under this paragraph by \u2014 (a) a person carrying on a registered children\u2019s home within the meaning of the Children Act (2012 Revision); or (b) the officer in charge of any police station or Northward Prison, shall be deemed to be in legal custody. (5) An order made under subparagraph (1) shall include such provisions for the review of the committal as the court thinks fit having regard to \u2014 (a) the person into whose care the offender has been committed; (b) the likelihood of accommodation at a rehabilitation school becoming available; and (c) the length of the rehabilitation order. Offences 3. (1) A young person who has been ordered to attend a rehabilitation school under a youth rehabilitation order is guilty of an offence \u2014 (a) if that person fails to attend that school as required by the order; (b) where the order has required that person\u2019s detention at that school and that person is absent from that school on temporary leave of absence or on licence \u2014 (i) if that person absconds from the person in whose charge that person is; (ii) if that person fails to return to the school at the end of that person\u2019s leave or licence; or SECOND SCHEDULE Youth Justice Act (2021 Revision) (iii) where that person is absent under supervision, that person fails to return to the school on being recalled; or (c) if that person contravenes any other requirement of the rehabilitation order. (2) A young person guilty of an offence under subparagraph (1) \u2014 (a) in respect of an offence under subsubparagraph (b) of that subparagraph, may be apprehended without warrant by a constable and returned to the rehabilitation school; and (b) is liable, on summary conviction, to such order under section 20, including such further rehabilitation order, as the court thinks fit. (3) Any person who knowingly \u2014 (a) aids or abets a young person to commit an offence under subparagraph (1); (b) harbours or conceals a young person who has absconded or failed to return as specified in subsubparagraph (b) of that subparagraph; or (c) discloses any information relating to a young person attending a rehabilitation school without the prior authority of the court which made the rehabilitation order, is guilty of an offence and liable on summary conviction to a fine of two thousand dollars and to imprisonment for three months. Suspension of youth rehabilitation order 4. (1) The court that made a youth rehabilitation order may, subject to such conditions as it thinks fit, direct the suspension of a youth rehabilitation order. (2) An offender with respect to whom an order has been suspended under this paragraph shall be subject to the supervision of a probation officer or social worker until the end of the period of the suspension. (3) The offender shall be given a notice from the person responsible for that person\u2019s supervision specifying the conditions with which the offender must comply during the period of supervision. (4) Where \u2014 (a) a youth rehabilitation order has been suspended as respects an offender; and (b) it appears on information to a justice of the peace that the offender has failed to comply with any of the conditions imposed by the person responsible for the offender\u2019s supervision under subparagraph (3), the justice may issue a summons requiring the offender to appear before the court which suspended the order at the place and time specified in the summons. Youth Justice Act (2021 Revision) SECOND SCHEDULE (5) Where the information in subparagraph (4) is in writing and on oath, the justice may issue a warrant for the offender\u2019s arrest requiring that person to be brought before the court. (6) Where the court before which an offender appears or is brought under this paragraph is satisfied that that person has failed to comply with any conditions imposed by the person responsible for the offender\u2019s supervision under subparagraph (3), the court may \u2014 (a) order that the suspension is revoked and the offender be required to attend a rehabilitation school for the remaining period of the order which was suspended; (b) order the offender to be detained at a rehabilitation school for such period, not exceeding any period of attendance ordered under subsubparagraph (a), as it thinks fit; or (c) make such further order under section 20(1) (including a youth rehabilitation order) as, in all the circumstances, it thinks fit. (7) Where accommodation for an offender with respect to whom the court decides to make a youth rehabilitation order under subparagraph (6) is not immediately available, paragraph 2 shall apply in relation to that person . Approval of rehabilitation schools 5. (1) A person carrying on any educational or training activity on premises, whether or not in the Islands, may apply to the Cabinet to approve those premises for the purposes of this Act. (2) The Cabinet may, after making such enquiries as the Cabinet thinks fit, approve \u2014 (a) the premises described in an application; and (b) any part of those premises or any other premises on which the applicant carries on educational or training activities, as a rehabilitation school for the purposes of this Act. (3) An approval of a rehabilitation school \u2014 (a) may be granted subject to such conditions as the Cabinet thinks fit; and (b) may be revoked on not less than six months\u2019 notice given by the Cabinet to the person carrying on the school. (4) The Cabinet may, at any time during the period that any premises are approved as a rehabilitation school \u2014 (a) vary; (b) add to; or (c) discharge, SECOND SCHEDULE Youth Justice Act (2021 Revision) any conditions subject to which the approval was granted. (5) Any variation, addition or discharge of conditions shall take effect one month after service of notice on the person carrying on the school of that variation, addition or discharge. (6) If any condition imposed or varied on a person carrying on a rehabilitation school in the Islands is not complied with, that person, if that person has no reasonable excuse, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars. (7) The person carrying on an approved school may give to the Cabinet not less than six months\u2019 notice of that person\u2019s intention \u2014 (a) to cease; or (b) to vary materially, the educational or training activities carried on at the school. Provisions supplementary to approval of rehabilitation schools 6. (1) Subject to subparagraph (2), the person carrying on an approved rehabilitation school is under a duty \u2014 (a) to receive at the school any person who is ordered to attend it; (b) to accommodate at the school any person who is ordered to be so accommodated; and (c) to detain at the school any person who is ordered to be so detained. (2) The duty does not apply where a court, on the application of the person carrying on the school, is satisfied that there are already as many persons receiving education or training at the school or are accommodated or detained there as in all the circumstances is desirable. (3) A person carrying on an approved rehabilitation school in the Islands who fails without reasonable excuse to carry out that person\u2019s duty under subparagraph (1) is guilty of an offence and liable on summary conviction to a fine of five thousand dollars. (4) A copy of an order under section 20 or paragraph 4 of this Schedule requiring \u2014 (a) the attendance of an offender at a rehabilitation school; or (b) the detention of an offender at such a school, shall be sent to the person carrying on the school as evidence of the duty imposed by the order on that person with respect to the offender. Youth Justice Act (2021 Revision) SECOND SCHEDULE Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of Cabinet Notes: (not forming part of this Act) \u2014 1. The Rules Committee of the Grand Court has issued relevant rules under the Children Act (2012 Revision)(see PDs 6\/2012, 10\/2014, 13\/2014, 15\/2014 and 16\/2014). Youth Justice Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 32\/020 Youth Justice (Amendment) Law, 2020 7-Jul-2020 LG49\/2020\/s8 Youth Justice Law (2019 Revision) 21-Feb-2019 LG4\/2020\/s14 1\/2018 Youth Justice (Amendment) Law, 2018 7-May-2018 G10\/2018\/s2 Youth Justice Law (2005 Revision) 5-Sep-2005 G18\/2005\/s8 Youth Justice Law (2001 Revision) 12-Mar-2001 G6\/2001\/s5 10\/1996 Youth Justice Law, 1995 (Commencement) Order, 1996 12-Mar-1996 G6\/1996\/s1 8\/1995 Youth Justice Law, 1995 12-Mar-1996 GE20\/1995\/s1 ENDNOTES Youth Justice Act (2021 Revision) (Price: $8.80)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_02_26\", \"date\": \"2021-02-26\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, 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\"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Youth Justice Act\", \"actNumber\": \"8 of 1995\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nYOUTH JUSTICE ACT\n(2021 Revision)\n\nSupplement No. 6 published with Legislation Gazette No. 19 of 26th February, 2021.\n\nPage 2\nRevised as at 31st December, 2020\nc\n\nPUBLISHING DETAILS\nLaw 8 of 1995 consolidated with Laws 1 of 2018, 32 of 2020 and 56 of 2020.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 8 of 1995-13th September, 1995\nLaw 1 of 2018-16th March, 2018\nLaw 32 of 2020-1st July, 2020\nLaw 56 of 2020-7th December, 2020.\n\nRevised this 31st day of December, 2020.\n\nNote: (not forming part of this Act): This revision replaces the 2019 Revision which should\nnow be discarded.\n\nYouth Justice Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nCAYMAN ISLANDS\n\nYOUTH JUSTICE ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Introductory\n1.\nShort title ...................................................................................................................................... 7\n2.\nDefinitions ..................................................................................................................................... 7\nPART II - Youth Courts and Proceedings with Respect to\nYoung Persons\nConstitution and jurisdiction of youth courts\n8\n3.\nConstitution of youth courts .......................................................................................................... 8\n4.\nGeneral jurisdiction of youth courts .............................................................................................. 8\n\nAssignment of charges to courts\n9\n5.\nAssignment of summary charges to courts .................................................................................. 9\n6.\nTrial of indictable offences and offences triable either way ........................................................ 10\n7.\nPower to order joint trial of young person with an adult.............................................................. 10\n\nPowers of courts relating to young persons\n10\n8.\nDetermination of age of young persons...................................................................................... 10\n9.\nPower to hear case in absence of young person ....................................................................... 11\n\nProtection of welfare of young persons in criminal courts\n11\n10.\nSitting of youth courts, etc. ......................................................................................................... 11\n11.\nSeparation of young persons from adults in police stations, etc. ............................................... 12\n12.\nReporting restrictions .................................................................................................................. 12\n\nArrangement of Sections\nYouth Justice Act (2021 Revision)\n\nPage 4\nRevised as at 31st December, 2020\nc\n\nProceedings with respect to young persons\n12\n13.\nDuty of parent, etc., to attend court ............................................................................................ 12\n14.\nBail or detention of young person .............................................................................................. 14\n15.\nRemand ..................................................................................................................................... 14\n16.\nNotice to social services and information to court ...................................................................... 15\n17.\nEvidence of young persons ........................................................................................................ 16\n18.\nDuties of court ............................................................................................................................ 16\n19.\nPre-sentencing reports ............................................................................................................... 16\nPART III - Young Persons and Offences\nPunishment of offences\n17\n20.\nPunishment of offences ............................................................................................................. 17\n\nOrders imposed on parents of young persons\n18\n21.\nPower to order parent or guardian to pay fine, etc. .................................................................... 18\n22.\nBinding over of parent or guardian, etc. ..................................................................................... 19\n\nProbation orders\n21\n23.\nProbation orders ........................................................................................................................ 21\n\nAttendance orders\n21\n24.\nAttendance orders ...................................................................................................................... 21\n25.\nDischarge and variation of attendance orders ........................................................................... 22\n26.\nBreach of attendance orders ...................................................................................................... 23\n\nYouth rehabilitation orders\n24\n27.\nYouth rehabilitation orders ......................................................................................................... 24\n\nCautions and conditional discharges\n25\n28.\nCautions ..................................................................................................................................... 25\n29.\nBreach of conditional discharge ................................................................................................. 26\nPART IV - Miscellaneous and Supplementary Provisions\n30.\nContribution orders .................................................................................................................... 27\n31.\nAffiliation Orders ........................................................................................................................ 28\n32.\nAppeals ...................................................................................................................................... 28\n33.\nProcedure, forms and regulations .............................................................................................. 28\n34.\nAmendments, repeals and transitional provisions ..................................................................... 29\nFIRST SCHEDULE\n31\nCustody and Detention of Young Offenders\n31\nGeneral restrictions on custodial sentences ........................................................................................ 31\nCustodial sentences for murder and other grave crimes before the Grand Court ............................... 31\nCustodial sentences for offences punishable in the case of adults with imprisonment ....................... 32\nSentences of detention at rehabilitation schools ................................................................................. 32\nPlace and conditions of detention ........................................................................................................ 32\nQualifications for custodial sentence under paragraph 3 .................................................................... 32\n\nYouth Justice Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\nConsecutive sentences of detention .................................................................................................... 33\nSECOND SCHEDULE\n34\nYouth Rehabilitation Orders\n34\nYouth rehabilitation orders ................................................................................................................... 34\nSupplementary provisions as to detention ........................................................................................... 34\nOffences ............................................................................................................................................... 35\nSuspension of youth rehabilitation order .............................................................................................. 36\nApproval of rehabilitation schools ........................................................................................................ 37\nProvisions supplementary to approval of rehabilitation schools ........................................................... 38\nENDNOTES\n41\nTable of Legislation history: ................................................................................................................. 41\n\nYouth Justice Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 7\n\nCAYMAN ISLANDS\n\nYOUTH JUSTICE ACT\n(2021 Revision)\n\nPART I - Introductory\n1.\nShort title\n1.\nThis Act may be cited as the Youth Justice Act (2021 Revision).\n2.\nDefinitions\n2.\nIn this Act \u2014\n\u201ccommunity service order\u201d has the same meaning as in the Penal Code (2019\nRevision);\n\u201ccourt of summary jurisdiction\u201d includes a youth court;\n\u201cdetention facility\u201d has the meaning assigned to it under section 14(4);\n\u201cindictable offence\u201d means an offence which is triable on indictment, whether\nit is exclusively so triable or triable either way;\n\u201cjustice of the peace\u201d has the same meaning as in the Summary Jurisdiction\nAct (2019 Revision);\n\u201cmagistrate\u201d has the same meaning as in the Summary Jurisdiction Act (2019\nRevision);\n\u201coffence\u201d has the same meaning as in the Penal Code (2019 Revision);\n\nSection 3\nYouth Justice Act (2021 Revision)\n\nPage 8\nRevised as at 31st December, 2020\nc\n\n\u201coffence triable either way\u201d means an offence which is triable either on\nindictment or summarily, and the terms \u201cindictable\u201d, \u201csummary\u201d and \u201ctriable\neither way\u201d, in their application to offences, are to be construed accordingly;\n\u201cparental responsibility\u201d has the same meaning as in the Children Act (2012\nRevision);\n\u201cprobation order\u201d has the same meaning as in the Alternative Sentencing Act\n(2008 Revision);\n\u201csummary offence\u201d means an offence which is triable only summarily;\n\u201cyoung person\u201d means, subject to the provisions relating to youth rehabilitation\norders, a person under the age of seventeen; and\n\u201cyouth court\u201d means a court of summary jurisdiction constituted under\nsection 3.\nPART II - Youth Courts and Proceedings with Respect to\nYoung Persons\nConstitution and jurisdiction of youth courts\n3.\nConstitution of youth courts\n3.\n(1) Courts of summary jurisdiction \u2014\n(a) constituted in accordance with subsection (2); and\n(b) sitting for the purposes of exercising any jurisdiction conferred on youth\ncourts by or under this Act,\nshall be known as youth courts.\n(2) Youth courts shall be presided over by \u2014\n(a) a magistrate sitting alone;\n(b) a magistrate sitting with two justices of the peace, at least one of the\njustices being of the opposite sex to the magistrate; or\n(c) three justices of the peace, at least one of whom is a woman.\n4.\nGeneral jurisdiction of youth courts\n4.\n(1) Youth courts shall have jurisdiction to try all summary offences committed by\nyoung persons in the Islands.\n(2) A youth court shall, in addition to the powers conferred by this Act, have the\nsame powers in relation to the exercise of its jurisdiction as a court of summary\njurisdiction which is not a youth court.\n(3) Where a young person is charged with a summary offence \u2014\n\nYouth Justice Act (2021 Revision)\nSection 5\n\nc\nRevised as at 31st December, 2020\nPage 9\n\n(a) on that person\u2019s own; or\n(b) jointly with another young person,\nthe Clerk of the court shall arrange for the charges to be heard by a youth court.\n(4) On hearing \u2014\n(a) a charge against a young person; or\n(b) any application in criminal proceedings with respect to a young person,\na youth court may proceed to hear the charge or application notwithstanding that\nit is discovered after the commencement of the hearing that that person is not a\nyoung person.\n(5) Where \u2014\n(a) any offence is committed by a person before that person attains the age of\nseventeen; and\n(b) that person is not tried for that offence until after that person has attained\nthat age,\nthat person may be tried before any court.\nAssignment of charges to courts\n5.\nAssignment of summary charges to courts\n5.\n(1) Subject to subsections (2) to (5), no charge against a young person with respect\nto a summary offence shall be heard by a court of summary jurisdiction which\nis not a youth court.\n(2) A charge with respect to a summary offence made jointly against a young person\nand a person who has attained the age of seventeen years shall be heard by a\ncourt of summary jurisdiction other than a youth court.\n(3) Where a young person is charged with a summary offence, the charge may be\nheard by a court of summary jurisdiction which is not a youth court if a person\nwho has attained the age of seventeen years is charged at the same time with\naiding, abetting, causing, procuring, allowing or permitting that offence.\n(4) Where, in the course of any proceedings before any court of summary\njurisdiction other than a youth court, it appears that the person to whom the\nproceedings relate is a young person, nothing in subsection (1) shall be\nconstrued as preventing the court, if it thinks fit to do so, from proceeding with\nthe hearing and determination of those proceedings.\n(5) The provisions of this section are subject to the power of a judge of the Grand\nCourt conferred by section 7.\n\nSection 6\nYouth Justice Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n6.\nTrial of indictable offences and offences triable either way\n6.\n(1) Where a young person is charged on that person\u2019s own with an indictable\noffence triable only on indictment, that person shall be committed by a youth\ncourt for trial before the Grand Court.\n(2) Where a young person is charged on that person\u2019s own with an offence triable\neither way, the mode of trial for that offence shall be determined by a youth\ncourt in accordance with the provisions of the Criminal Procedure Code\n(2021Revision) applicable to the offence.\n(3) Where a young person is charged jointly with another young person with an\noffence triable either way, the mode of trial for that offence shall be determined\nby a youth court in accordance with the provisions of the Criminal Procedure\nCode (2021 Revision) applicable to the offence.\n(4) Where a young person is charged with an offence triable either way, jointly with\nanother person who has attained the age of seventeen, the mode of trial for that\noffence shall be determined by a court of summary jurisdiction other than a\nyouth court.\n(5) The provisions of this section are subject to the power of a judge of the Grand\nCourt conferred by section 7.\n7.\nPower to order joint trial of young person with an adult\n7.\n(1) This section applies where a young person and a person who has attained the\nage of seventeen are jointly charged with any criminal offence.\n(2) Where this section applies, and notwithstanding the provisions of any other law,\na judge of the Grand Court may order a joint trial on such terms and conditions\nas that judge may decide to impose having regard both to the welfare of the\nyoung person and the necessity of doing justice in the case.\n(3) An application for an order under subsection (2) may be made to a judge in\nchambers before a mode of trial has been determined for any of the joint charges\nwith respect to which the application is made.\n(4) In subsection (2) \u2014\n\u201ctrial\u201d includes committal proceedings.\nPowers of courts relating to young persons\n8.\nDetermination of age of young persons\n8.\n(1) Where \u2014\n(a) a person (whether or not charged with an offence) is brought before any\ncourt in any criminal proceedings otherwise than for the purpose of giving\nevidence; and\n\nYouth Justice Act (2021 Revision)\nSection 9\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n(b) it appears to the court that that person is a young person,\nthe court shall make due enquiry as to that person\u2019s age.\n(2) Where \u2014\n(a) an enquiry under subsection (1) has been made; and\n(b) as a result of the enquiry it appears to the court that the person has not\nattained the age of seventeen,\nthat person shall be deemed to be a young person for the purpose of the\nproceedings.\n(3) The age of a young person determined as a result of the enquiry shall be deemed,\nfor the proceedings concerned, to be the true age of that person.\n(4) Any order made by a court shall not be invalidated by subsequent proof that the\nage of a person under this section was not correctly determined.\n9.\nPower to hear case in absence of young person\n9.\n(1) Where, in any proceedings to which this section applies, the court is satisfied\nthat the attendance before it of any young person (in respect of whom the offence\nis alleged to have been committed) is not essential to the just hearing of the case,\nthe court may proceed to hear and determine the proceedings in the absence of\nthe young person.\n(2) Subsection (1) applies to proceedings \u2014\n(a) before a youth court; and\n(b) with respect to a young person, before any other court.\nProtection of welfare of young persons in criminal courts\n10.\nSitting of youth courts, etc.\n10. (1) Youth courts shall sit as often as may be necessary for the purpose of exercising\nany jurisdiction conferred on them by or under this or any other law.\n(2) No person shall be present at any sitting of a youth court or other court hearing\na charge against a young person except \u2014\n(a) members or officers of the court;\n(b) parties to the case before the court, their attorneys-at-law and witnesses\ngiving or having given their evidence;\n(c) other persons directly concerned with the case, including \u2014\n(i)\nparents, guardians or persons having parental responsibility for the\nyoung person concerned;\n(ii) social workers, teachers, Education Department officers and\nprobation officers; and\n\nSection 11\nYouth Justice Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n(d) such other persons as the court may authorise to be present.\n11.\nSeparation of young persons from adults in police stations, etc.\n11. (1) In the circumstances mentioned in subsection (2), the Commissioner of Police\nshall, wherever practicable, make arrangements \u2014\n(a) for preventing a young person from associating with an adult who is not a\nrelative or other person having parental responsibility for that person and\nis charged with any offence other than an offence with which the young\nperson is jointly charged; and\n(b) for ensuring that a young person who is a girl shall be under the care of a\nwoman.\n(2) The circumstances are where a young person is \u2014\n(a) detained in a police station; or\n(b) conveyed to or from any criminal court.\n12.\nReporting restrictions\n12. (1) In relation to any proceedings in any court, such court may direct that \u2014\n(a) no published report of or comment on the proceedings shall reveal the\nname, address or school, or include any particulars calculated to lead to\nthe identification, of any young person concerned in the proceedings,\neither as being the person by, against or in respect of whom the\nproceedings are taken, or as being a witness in the proceedings; and\n(b) no picture shall be published as being or including a picture of any young\nperson so concerned in the proceedings.\n(2) Whoever publishes any matter in contravention of subsection (1) is guilty of an\noffence and liable on summary conviction, in respect of each such offence, to a\nfine of five thousand dollars or to imprisonment for six months.\nProceedings with respect to young persons\n13.\nDuty of parent, etc., to attend court\n13. (1) Where a young person is charged with an offence, or is for any other reason\nbrought before any court, the court shall require a person who is a \u2014\n(a) parent of the young person; or\n(b) guardian or other person who has parental responsibility for that person ,\nto attend at the court during all the stages of the proceedings, unless and to the\nextent that the court is satisfied that it would be unreasonable to require such\nattendance having regard to the circumstances of the case.\n(2) For the purposes \u2014\n\nYouth Justice Act (2021 Revision)\nSection 13\n\nc\nRevised as at 31st December, 2020\nPage 13\n\n(a) of enforcing the attendance of the parent, guardian or other person with\nparental responsibility;\n(b) enabling that person to take part in the proceedings; and\n(c) enabling the court to make orders against that person ,\nthe court may issue and serve a summons on the parent, guardian or other person\nwith parental responsibility requiring that person\u2019s attendance before the court.\n(3) Where \u2014\n(a) a court has issued a summons under subsection (2) which has been (or is\ndue to be) served on the parent, guardian or other person with parental\nresponsibility for a young person charged with an offence; and\n(b) the court is satisfied that the parent, guardian or other person will not,\nwithout an order, cooperate with the Department of Social Services in\ncarrying out its functions under this Act with respect to the young person,\nthe court may make an order requiring that parent, guardian or other person to\ntake such action specified in the order as the court determines is reasonable for\nthe purpose of ensuring that cooperation.\n(4) Where a court \u2014\n(a) has issued and served a summons under subsection (2) requiring the\nattendance at a court of a parent or guardian of a young person, or other\nperson with parental responsibility for that person , and that parent,\nguardian or other person has, without reasonable excuse, failed to attend\nat the court in compliance with the summons; or\n(b) has made an order under subsection (3) requiring action specified in the\norder to be taken, and the court is satisfied that the person required to take\nthat action has, without reasonable excuse, failed to do so,\nthe court may issue a warrant for the arrest of that parent, guardian or other\nperson requiring that person to be brought before the court.\n(5) Where a court, before which a parent, guardian or other person is brought under\nsubsection (4), is satisfied that the parent, guardian or other person has, without\nreasonable excuse, failed \u2014\n(a) to attend as mentioned in subsection (3); or\n(b) to take action as mentioned in subsection (4),\nthe court may, without prejudice to any other order or proceedings, impose on\nthat parent, guardian or other person a fine of one thousand dollars.\n(6) A person may appeal \u2014\n(a) against an order under subsection (5) made by a youth court, or any other\ncourt of summary jurisdiction, to the Grand Court; and\n\nSection 14\nYouth Justice Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n(b) against an order under that subsection made by the Grand Court to the\nCourt of Appeal under Part III of the Court of Appeal Act (2011 Revision).\n14.\nBail or detention of young person\n14. (1) Where a young person has been taken into custody (whether or not with a\nwarrant) and cannot be brought without delay before a court, the police officer\nin charge of the police station to which that person is brought \u2014\n(a) shall enquire into the case; and\n(b) may release that person on bail under section 65 of the Police Act (2021\nRevision).\n(2) Where the young person is not released on bail, the police officer in charge of\nthe police station shall, immediately and no later than three hours after the\ndecision not to release the young person on bail \u2014\n(a) inform the Department of Social Services and, where the young person is\nof compulsory school age (within the meaning of the Education Act, 2016\n[Law 48 of 2016]), the Chief Education Officer of the detention of the\nyoung person;\n(b) take such steps as are practicable to ascertain the identity of a person\nresponsible for the welfare of the young person; and\n(c) detain the young person in a detention facility for a period not exceeding\nforty-eight hours until that person can be brought before a court.\n(3) If it is practicable to ascertain the identity of a person responsible for the welfare\nof the young person, the police officer in charge of the police station shall inform\nthat person \u2014\n(a) that the young person has been detained;\n(b) why that person has been detained; and\n(c) where that person has been detained, unless it is not practicable to do so.\n(4) In subsection (2), section 15 and the First Schedule \u2014\n\u201cdetention facility\u201d means \u2014\n(a) any place declared by order of the Cabinet to be a detention facility for the\npurposes of this Act;\n(b) any police station lock-up; or\n(c) Northward Prison, Grand Cayman.\n15.\nRemand\n15. (1) Where a court remands a young person in custody, it shall commit that person\nto custody of a detention facility to be detained there for the period of the\nremand.\n\nYouth Justice Act (2021 Revision)\nSection 16\n\nc\nRevised as at 31st December, 2020\nPage 15\n\n(2) Where a young person has been committed to be detained in a detention facility\nunder this section, the court may commit that person to another detention facility\nif satisfied, on application by a police officer or social worker, that the detention\nfacility in which that person is being detained is not appropriate.\n(3) In considering whether a particular detention facility is appropriate the court\nshall have regard to all the circumstances, including \u2014\n(a) the welfare of the young person;\n(b) the need to ensure the young person \u2014\n(i)\ndoes not fail to attend at the court when required to do so;\n(ii) does not interfere with witnesses or otherwise obstruct the course of\njustice, whether in relation to themselves or another person;\n(iii) makes themselves available to enable any report to be prepared under\nsection 19; and\n(iv) does not commit any further offences;\n(c) the likelihood of the young person absconding from the detention facility;\n(d) whether the young person has breached any conditions of a rehabilitation\norder or probation order; and\n(e) the nature of any offence with which the young person is charged.\n16.\nNotice to social services and information to court\n16. (1) Where a young person is to be brought before any court, the person responsible\nfor bringing that person before the court shall give notice to the Department of\nSocial Services \u2014\n(a) of the grounds on which the young person is to be brought before the court;\nand\n(b) of the date on which that person will be so brought, as soon as is practicable\nand, whenever possible, at least fifteen days before that date.\n(2) On receiving the notice, it shall be the duty of the Department to make such\ninvestigations, to inform such other Departments, and make available to the\ncourt such information about \u2014\n(a) the background;\n(b) school record; and\n(c) age, health and character, of the young person as the Department consider\nwill be helpful to the court.\n(3) In any proceedings with respect to a young person, a court may receive\ninformation relating to the young person from any person whom it considers can\nhelp in the determination of the proceedings, and the court may adjourn the\nproceedings in order to be provided with that information.\n\nSection 17\nYouth Justice Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n17.\nEvidence of young persons\n17. (1) This section applies where, in proceedings against any person for an offence, a\nyoung person is called as a witness who does not, in the opinion of the court,\nunderstand the nature of an oath.\n(2) In proceedings to which this section applies the evidence of a young person who\ndoes not understand the nature of an oath may be given if \u2014\n(a) in the opinion of the court, that person is possessed of sufficient\nintelligence to justify the reception of the evidence; and\n(b) he understands the duty of speaking the truth.\n(3) The evidence of a young person given under subsection (2), though not given\non oath but otherwise reduced into writing, shall be deemed to be a deposition\nfor the purposes of this and any other law.\n(4) Repealed by section 2 of the Youth Justice (Amendment) Act, 2020 [Law 32 of\n2020].\n(5) Where a young person wilfully gives false evidence under subsection (2) in such\ncircumstances that that person would, if this evidence had been given on oath,\nhave been guilty of perjury, that person is guilty of an offence and liable on\nconviction on indictment to the same punishment as if that person had\ncommitted perjury.\n18.\nDuties of court\n18. (1) When a young person is brought before a court, it shall explain to that person ,\nin as simple language as possible, the reason for that person being before the\ncourt and where the young person\u2019s ability to understand that reason is impaired\nthrough any disability, the court shall ensure such reasonable assistance is given\nto the young person as it thinks will help the young person to understand the\nexplanation.\n(2) Where a young person who is not legally represented is charged before a court,\nit shall ascertain that person\u2019s defence, if any, to assist that person and that\nperson\u2019s parent, guardian or other person having parental responsibility for that\nperson in putting such questions to any witness as appear to the court to be\nnecessary.\n19.\nPre-sentencing reports\n19. (1) This section applies where \u2014\n(a) a young person admits an offence with which that person has been charged;\nor\n(b) the court is satisfied that the offence has been proved,\nand a finding to that effect is recorded.\n\nYouth Justice Act (2021 Revision)\nSection 20\n\nc\nRevised as at 31st December, 2020\nPage 17\n\n(2) Before sentencing the young person, the court shall obtain such information as\nit considers it requires as to the young person\u2019s \u2014\n(a) circumstances, including any previous offences;\n(b) background; and\n(c) school and medical records,\nas may enable it to sentence the young person appropriately.\n(3) For the purpose of obtaining any such information the court may, from time to\ntime, remand the young person on bail or in custody.\nPART III - Young Persons and Offences\nPunishment of offences\n20.\nPunishment of offences\n20. (1) Where a young person is found guilty of any offence before a youth court, the\ncourt may \u2014\n(a) either make any one or more of the orders specified in subsection (2); or\n(b) make any one or more of the orders specified in subsection (3), and any\nsuch order may be made in addition to or in lieu of any order referred to in\nsubsection (4).\n(2) The orders referred to in paragraph (a) of subsection (1) are \u2014\n(a) an order absolutely or conditionally discharging the young person; a\ncondition being that that person commits no further offences within twelve\nmonths of the date of the offence for which that person was convicted;\n(b) an order under the Mental Health Act (2021 Revision);\n(c) a community service order;\n(d) a probation order; and\n(e) an order requiring the young person to attend at such premises as may be\nspecified in the order for such number of hours as, under section 24, may\nbe so specified.\n(3) The orders referred to in paragraph (b) of subsection (1) are \u2014\n(a) an order (a \u201cyouth rehabilitation order\u201d) requiring the young person to\nattend a rehabilitation school; or\n(b) a custodial sentence imposed in accordance with the First Schedule.\n\nSection 21\nYouth Justice Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n(4) Where a young person is found guilty of any offence before a youth court, the\ncourt may, in addition to or in lieu of making any such order it has power to\nmake under subsection (1), make an order \u2014\n(a) confiscating any property of the young person used in connection with the\ncommission of the offence;\n(b) requiring the young person to comply with an order made under any other\nlaw;\n(c) requiring that person to pay a fine, compensation or costs; or\n(d) in respect of an offence involving the use or attempted use of a motor\nvehicle, disqualifying the young person from obtaining a driving licence\nfor such period, not exceeding seven years, as the court thinks fit.\n(5) Where a young person has been found guilty of an offence before \u2014\n(a) a court of summary jurisdiction other than a youth court; or\n(b) the Grand Court,\nthe court may, in addition to or in lieu of any other sentence it has power to\nimpose on the young person for the offence, make any of the orders which a\nyouth court has power to make under this Act.\n(6) Where a court dealing with any charge against a young person has heard both\nthe prosecution and the accused person and their witnesses, the court may,\nwithout recording a conviction, if it is of the opinion that it is not expedient to\ninflict any punishment notwithstanding that it finds the charge against the\naccused is proved, make an order discharging the accused absolutely or\nconditionally.\nOrders imposed on parents of young persons\n21.\nPower to order parent or guardian to pay fine, etc.\n21. (1) Where \u2014\n(a) a young person is found guilty of any offence before \u2014\n(i)\na youth court;\n(ii) any other court of summary jurisdiction; or\n(iii) the Grand Court; and\n(b) the court is of opinion that the case would best be met by the imposition\nof a fine, costs or the making of a compensation order, whether with or\nwithout other punishment,\nit is the duty of the court, subject to subsection (2), to order that the fine,\ncompensation or costs awarded be paid by the parent or guardian of, or other\n\nYouth Justice Act (2021 Revision)\nSection 22\n\nc\nRevised as at 31st December, 2020\nPage 19\n\nperson who has parental responsibility for, the young person instead of by the\nyoung person themselves.\n(2) A court shall not be under the duty specified in subsection (1) where the court\nis satisfied \u2014\n(a) that the parent, guardian or other person having parental responsibility\ncannot be found; or\n(b) that it would be unreasonable to make an order for payment having regard\nto the circumstances of the case.\n(3) An order under subsection (1) may be made against a parent, guardian or other\nperson having parental responsibility who, having been required to attend, has\nfailed to do so, but, otherwise, no such order shall be made without giving the\nparent, guardian or other person having parental responsibility an opportunity\nof being heard.\n(4) A person may appeal against an order under this section made by \u2014\n(a) a youth court or any other court of summary jurisdiction, to the Grand\nCourt; and\n(b) the Grand Court, to the Court of Appeal under Part III of the Court of\nAppeal Act (2011 Revision).\n(5) In relation to a young person for whom the Department of Social Services has\nparental responsibility and who is \u2014\n(a) in its care; or\n(b) provided with accommodation by, or on behalf of, the Department in the\nexercise of its functions under the Children Act (2012 Revision),\nreferences in this section to that person\u2019s parent or guardian shall be construed\nas references to that Department.\n22.\nBinding over of parent or guardian, etc.\n22. (1) Where a young person is found guilty of any offence before \u2014\n(a) a youth court;\n(b) any other court of summary jurisdiction; or\n(c) the Grand Court,\nit shall be the duty of the court to exercise the powers conferred by this section\nif it is satisfied that, having regard to the circumstances of the case, their exercise\nwould be desirable in the interests of preventing the commission by the young\nperson of further offences.\n(2) Where the court is not satisfied as mentioned in subsection (1) it shall state in\nopen court \u2014\n\nSection 22\nYouth Justice Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n(a) that it is not satisfied that the exercise of the powers conferred on the court\nby this section would be desirable in the interests of preventing the\ncommission by the young person of further offences; and\n(b) why it is not so satisfied.\n(3) The powers conferred by this section are \u2014\n(a) to order the parent, guardian or other person who has parental\nresponsibility for the young person to enter into a recognizance to take\nproper care of that person and exercise proper control over that person ;\nand\n(b) if the parent, guardian or other person having parental responsibility\nrefuses to enter into the recognizance and the court considers the refusal\nunreasonable, to order that parent, guardian or other person having\nparental responsibility to pay a fine of five thousand dollars.\n(4) An order under this section shall not require the parent, guardian or other person\nhaving parental responsibility to enter into a recognizance for a period\nexceeding three years or, where the young person will attain the age of seventeen\nyears in a period shorter than three years, for a period exceeding that shorter\nperiod.\n(5) In fixing the amount of a recognizance under this section, the court shall take\ninto account among other things the means of the parent guardian or other\nperson having parental responsibility so far as they appear or are known to the\ncourt; and this subsection applies whether taking into account the means of the\nparent, guardian or other person having parental responsibility has the effect of\nincreasing or reducing the amount of the recognizance.\n(6) A person may appeal against an order under this section made by \u2014\n(a) a youth court or any other court of summary jurisdiction, to the Grand\nCourt; and\n(b) the Grand Court, to the Court of Appeal of the Islands under Part III of the\nCourt of Appeal Act (2011 Revision).\n(7) The Grand Court may vary or revoke an order made by it under this section if,\non the application of the parent, guardian or other person having parental\nresponsibility, it appears to the court, having regard to any change in the\ncircumstances since the order was made, to be in the interests of justice to do so.\n(8) Where \u2014\n(a) a recognizance has been entered into in pursuance of an order under\nparagraph (a) of subsection (3) before any court; and\n(b) the recognizance appears to any court of summary jurisdiction to be\nforfeited,\n\nYouth Justice Act (2021 Revision)\nSection 23\n\nc\nRevised as at 31st December, 2020\nPage 21\n\nthe court may, by order made on complaint, declare the recognizance to be\nforfeited and adjudge the person bound thereby to pay the sum in which that\nperson is bound, or part of that sum.\n(9) Payment of any sum adjudged to be paid under subsection (8) including any\ncosts awarded against the defendant, may be enforced, and any such sum shall\nbe applied, as if it were a fine and as if the adjudication were a summary\nconviction for an offence.\nProbation orders\n23.\nProbation orders\n23. (1) Where a young person has been placed under the supervision of a probation\nofficer by a probation order made under this Act, the probation officer shall, in\naddition to that probation officer\u2019s powers and duties under the Alternative\nSentencing Act (2008 Revision) \u2014\n(a) visit, advise and befriend the young person; and\n(b) if it appears necessary in the interests of welfare, bring that person before\na youth court to apply for such further order under section 20 of this Act\nor under the Alternative Sentencing Act (2008 Revision) as appears to the\nprobation officer to be appropriate.\n(2) On an application made under paragraph (b) of subsection (1), a youth\ncourt may \u2014\n(a) vary or discharge the probation order;\n(b) make such order under section 20(1), including a further probation order,\nas it thinks fit; or\n(c) make such order under the Alternative Sentencing Act (2008 Revision) as\nit thinks fit.\n(3) Any \u2014\n(a) requirement or condition in a probation order; and\n(b) duty imposed by paragraph (a) of subsection (1) to visit, advise and\nbefriend a young person subject to a probation order, shall not apply after\nthe young person attains the age of seventeen years.\nAttendance orders\n24.\nAttendance orders\n24. (1) A court shall make an order under paragraph (e) of section 20(2), an \u201cattendance\norder\u201d, in accordance with subsections (2) to (5).\n\nSection 25\nYouth Justice Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\n(2) The aggregate number of hours for which an attendance order may require a\nyoung person to attend at the premises specified in the order shall not be less\nthan ten and shall not exceed fifty.\n(3) A court may make an attendance order in respect of a young person before a\nprevious attendance order made in respect of that person has ceased to have\neffect, and may determine the number of hours to be specified in the order\nwithout regard \u2014\n(a) to the number of hours specified in the previous order; or\n(b) to the fact that the previous order is still in effect.\n(4) An attendance order shall not be made unless the court is satisfied that the\npremises at which the young person is required to attend are reasonably\naccessible to that person , having regard to that person\u2019s age, the means of access\navailable to that person and any other circumstances.\n(5) The times at which a young person is required to attend premises under an\nattendance order shall be such as to avoid interference, so far as practicable,\nwith that person\u2019s school hours; and the times during which that person\u2019s\nattendance is so required shall be specified in the order.\n25.\nDischarge and variation of attendance orders\n25. (1) An attendance order may be discharged on an application by the young person,\na probation officer or social worker, made to a youth court; and on such an\napplication the court may, by order, discharge the attendance order.\n(2) The power to discharge an attendance order includes power to deal with the\nyoung person, for the offence in respect of which the order was made, in any\nmanner in which that person could have been dealt with for that offence by the\ncourt which made the order if the order had not been made.\n(3) An attendance order may, on the application of the young person, a probation\nofficer or social worker, be varied by a youth court.\n(4) The power to vary an attendance order is a power by order \u2014\n(a) to vary the times specified in the order during which the young person\u2019s\nattendance is required at the premises so specified; or\n(b) to substitute for those premises other premises which the court is satisfied\nare reasonably accessible to the young person having regard to that\nperson\u2019s age, the means of access available to that person and any other\ncircumstances.\n\nYouth Justice Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n26.\nBreach of attendance orders\n26. (1) Where an attendance order has been made, and it appears, on information in\nwriting and on oath to a justice of the peace, that the young person has failed to\nattend in accordance with the order, the justice may issue a summons requiring\nthe young person to appear before a youth court at the place and time specified\nin the summons.\n(2) Where an information under subsection (1) has been laid, the justice may issue\na warrant for the young person\u2019s arrest requiring that person to be brought before\na youth court.\n(3) Where the youth court (before which the young person appears or is brought\nunder this section) is satisfied that the young person has failed without\nreasonable excuse to attend as mentioned in subsection (1), that court may,\nwithout prejudice to the continuation of the order, impose on that person a fine\nof one thousand dollars or, if the attendance order was made by \u2014\n(a) a court of summary jurisdiction, revoke it and deal with that person, for\nthe offence in respect of which the order was made, in any manner in which\nthat person could have been dealt with for that offence by the court which\nmade the order if the order had not been made; or\n(b) the Grand Court, commit that person in custody or release that person on\nbail until that person can be brought or appears before the Grand Court.\n(4) A fine imposed under subsection (3) shall be deemed, for the purposes of any\nenactment, including this Act, to be a sum adjudged to be paid by a conviction.\n(5) A youth court which deals with a young person\u2019s case under paragraph (b) of\nsubsection (3) shall send to the Grand Court a certificate signed by a justice of\nthe peace giving particulars of the young person\u2019s failure to attend as required\nby the attendance order, together with such other particulars of the case as may\nbe described; and a certificate purporting to be so signed shall be admissible as\nevidence of the failure before the Grand Court.\n(6) Where, by virtue of paragraph (b) of subsection (3), the young person is brought\nor appears before the Grand Court, and it is proved to the satisfaction of the\ncourt that that person has failed to attend as required by the attendance order,\nthe court may revoke the attendance order and deal with that person , for the\noffence in respect of which the order was made, in any manner in which it could\nhave dealt with that person for that offence if it had not made the order.\n(7) In dealing with a young person under paragraph (a) of subsection (3) or under\nsubsection (6), the court concerned \u2014\n(a) shall take into account the extent to which the young person has complied\nwith the requirements of the attendance order; and\n(b) may assume, in the case of a young person who has wilfully and\npersistently failed to comply with those requirements, that that person has\n\nSection 27\nYouth Justice Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\nrefused to give that person\u2019s consent to a sentence which has been\nproposed by the court and required that consent.\n(8) A young person sentenced under paragraph (a) of subsection (3) for an offence\nmay appeal to the Grand Court against the sentence.\n(9) In proceedings before the Grand Court under this section, any question whether\nthere has been a failure to attend as required by an attendance order shall be\ndetermined by the court and not by the verdict of a jury.\nYouth rehabilitation orders\n27.\nYouth rehabilitation orders\n27. (1) A court shall not make a youth rehabilitation order in respect of any young\nperson unless \u2014\n(a) it has received a report from a social worker which recommends that the\nyoung person in respect of whom the report was prepared would benefit\nfrom the order being made;\n(b) it is satisfied that \u2014\n(i)\nthe young person is beyond parental control; and\n(ii) it is in the interests of the welfare of the young person that the order\nis made; and\n(c) in respect of an order requiring the attendance of a young person at a school\nwhich is not in the Islands, the Attorney-General has given a certificate\nthat the laws applicable \u2014\n(i)\nto the education, training, residence and detention of young persons\nat that school; and\n(ii) travel to and from that school,\nare such as to allow the order to be carried out.\n(2) In considering whether to make a youth rehabilitation order, a court shall have\nregard to \u2014\n(a) the welfare of the young person;\n(b) his educational needs;\n(c) his age, sex, religious persuasion and background;\n(d) the nature of the offence; and\n(e) all the other circumstances which the court considers relevant.\n(3) Where a social worker employed by the Department of Social Services, or a\nprobation officer has reasonable grounds for believing a young person is beyond\nparental control, that social worker may make an application to a youth court\nfor a youth rehabilitation order.\n\nYouth Justice Act (2021 Revision)\nSection 28\n\nc\nRevised as at 31st December, 2020\nPage 25\n\n(4) For the purposes of an application mentioned in subsection (3) \u2014\n(a) sections 9, 10, 12, 13, 17 and 18 shall apply as if the young person was\nbeing dealt with by the court in proceedings to which those provisions\nrelate; and\n(b) the court may grant the application in accordance with subsections (1)\nand (2).\n(5) A youth rehabilitation order \u2014\n(a) shall require the attendance of the young person with respect to whom the\norder is made at the rehabilitation school specified in the order; and\n(b) may require the detention of that young person at that school for such\nperiod, not exceeding the duration of the order, as may be so specified.\n(6) After a court has made a youth rehabilitation order which requires the detention\nof the young person at a rehabilitation school, that person shall (unless the court\notherwise orders) be detained at a detention facility to be determined by the\ncourt until that person is conveyed to that school.\n(7) The Second Schedule shall have effect for the purpose of making further\nprovision with respect to youth rehabilitation orders and rehabilitation schools.\nCautions and conditional discharges\n28.\nCautions\n28. (1) Subject to subsection (5), where a young person admits to the police to having\nbehaved in a manner that amounts to an offence that person may be cautioned\nin accordance with this section instead of being charged and tried for the\noffence.\n(2) For the purpose of subsection (1), a caution shall take the form of a written\nstatement that is \u2014\n(a) read to the young person by a uniformed member of the police force of the\nrank of inspector or above in the presence of a parent, guardian or other\nperson having parental responsibility for that person ; and\n(b) then signed by the young person, the police officer and the parent, guardian\nor other person having parental responsibility for the young person.\n(3) The statement shall contain \u2014\n(a) details of the behaviour to which the young person admits;\n(b) details of the offence constituted by that behaviour;\n(c) a warning to the young person not to behave in that manner again;\n(d) a warning to the young person that if, while still a young person, that\nperson is convicted of any offence the caution will be revealed to the court\n\nSection 29\nYouth Justice Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\nthat convicts the young person and may be taken into account by that court\nwhen sentencing the young person for the offence; and\n(e) an acknowledgement by the young person \u2014\n(i)\nthat that person acted in the manner specified in the statement; and\n(ii) that that person has been made aware of the results of being convicted\nof any subsequent offence while still a young person.\n(4) The original statement shall be retained by the police and a copy shall be\nretained by the young person.\n(5) If a young person who has received a caution is convicted of an offence, the\ncaution statement signed by the young person shall be produced to the court that\nconvicted the young person and the court may take that person\u2019s previous\nbehaviour (as described in the statement) into account when sentencing that\nperson for the offence.\n(6) For the purposes of this section, \u201cyoung person\u201d means a person under the age\nof eighteen.\n29.\nBreach of conditional discharge\n29. (1) If it appears to a court, where it has jurisdiction in accordance with\nsubsection (2), that a young person in whose case an order for conditional\ndischarge has been made \u2014\n(a) has been convicted by any court of an offence committed during the period\nof conditional discharge; and\n(b) has been dealt with in respect of that offence,\nthe court may issue a summons requiring that person to appear at the time and\nplace specified in the summons or issue a warrant for that person\u2019s arrest.\n(2) Jurisdiction for the purpose of subsection (1) may be exercised \u2014\n(a) where the order for conditional discharge was made by the Grand Court,\nby that court;\n(b) where the order for conditional discharge was made by a court of summary\njurisdiction other than a youth court, by any such court; or\n(c) where the order for conditional discharge was made by a youth court, by\nany such court.\n(3) If a young person in whose case an order for conditional discharge has been\nmade by the Grand Court is convicted by any court of summary jurisdiction of\nan offence committed during the period of conditional discharge, the court of\nsummary jurisdiction may commit that person to custody or release that person\non bail until that person can be brought to appear before the Grand Court.\n(4) Where it is proved to the satisfaction of the court by which an order for\nconditional discharge was made that the person in whose case the order was\n\nYouth Justice Act (2021 Revision)\nSection 30\n\nc\nRevised as at 31st December, 2020\nPage 27\n\nmade has been convicted of an offence committed during the period of\nconditional discharge, the court may deal with that person , for the offence for\nwhich the order was made, in any manner in which it could deal with that person\nif that person had just been convicted by or before that court of that offence.\n(5) If a person in whose case an order for conditional discharge has been made by\nany court of summary jurisdiction is convicted before the Grand Court of an\noffence committed during the period of conditional discharge, the Grand Court\nmay deal with that person , for the offence for which the order was made, in any\nmanner in which the court of summary jurisdiction could deal with that person\nif that person had just been convicted by or before that court of that offence.\nPART IV - Miscellaneous and Supplementary Provisions\n30.\nContribution orders\n30. (1) Where an order has been made under section 20 requiring a young person to\nattend a rehabilitation school, it shall be the duty of the following persons to\nmake contributions in respect of that person \u2014\n(a) his parents;\n(b) his guardian;\n(c) any person who, at the date when an order is made, is cohabiting with that\nperson\u2019s mother, whether or not that person is the father; and\n(d) any other person having parental responsibility for that person .\n(2) Contributions under subsection (1) shall be payable to the Clerk of the summary\ncourt to be applied by that person in or towards the maintenance, or otherwise\nfor the benefit, of the young person.\n(3) Where any person is liable under subsection (1) to make contributions, any court\nmay \u2014\n(a) at the time the order under section 20 was made; or\n(b) at any later time during the period that the order remains in force,\nmake a contribution order with respect to any such person requiring that person\nto contribute such sum in respect of each young person that person is responsible\nfor as the court, in all the circumstances, thinks fit.\n(4) A contribution order \u2014\n(a) shall remain in force throughout the period that the young person is\nrequired to attend the rehabilitation school; and\n(b) may, during that period, be varied or revoked on the application of \u2014\n(i)\nthe person liable to make the contributions;\n(ii) an authorised officer of the rehabilitation school; or\n\nSection 31\nYouth Justice Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\n(iii) the Department of Social Services.\n(5) A contribution order shall be enforceable by the Clerk of the Summary Court as\nif the contribution order was an order for the payment of periodical payments\nunder the Children Act (2012 Revision) and paragraph 9 of Schedule 1 to that\nAct shall apply to the enforcement of contribution orders as it applies to the\nenforcement of orders under that Act.\n31.\nAffiliation Orders\n31. (1) Where \u2014\n(a) an order has been made under section 20 requiring a young person to\nattend a rehabilitation school;\n(b) he is illegitimate; and\n(c) an affiliation order made under the Affiliation Act (1995 Revision) for that\nperson\u2019s maintenance is in force,\nany court may, at any time, order the payments under the affiliation order to be\npaid to the Clerk of the summary court.\n(2) Sums received by the Clerk of the summary court under the affiliation order\nshall be applied to the maintenance of the young person as if they were\ncontributions received under a contribution order.\n(3) Section 11 of the Affiliation Act (1995 Revision) (changes of address) shall apply\nto any order under subsection (1) with \u201cone thousand dollars\u201d substituted for\n\u201ctwenty dollars\u201d.\n32.\nAppeals\n32. (1) An appeal shall lie from any decision or order of a youth court to the Grand\nCourt.\n(2) The procedure to be followed for such an appeal shall be the same as for an\nappeal from any other court of summary jurisdiction.\n33.\nProcedure, forms and regulations\n33. (1) In the period after the 12th March, 1996 and before the making of any rules by\nthe Rules Committee of the Grand Court for giving effect to this Act \u2014\n(a) the procedure to be followed \u2014\n(i)\nin any court other than a youth court, shall be the procedure in force\nimmediately before the start of that period; and\n(ii) in a youth court, shall be the procedure in force in a juvenile court\nimmediately before the start of that period; and\n\nYouth Justice Act (2021 Revision)\nSection 34\n\nc\nRevised as at 31st December, 2020\nPage 29\n\n(b) the forms to be used for the purposes of this Act shall be the forms in use\nfor the purposes of the repealed Juveniles Law, 1990 [Law 19 of 1990]\nimmediately before the start of that period.*see note 1 on p. 39.\n(2) Any order, directions or regulations made by the Cabinet may \u2014\n(a) make different provision for different cases;\n(b) provide for exemptions from any of its provisions; and\n(c) contain such incidental, supplemental and transitional provisions as the\nCabinet considers expedient.\n34.\nAmendments, repeals and transitional provisions\n34. (1) The amendments and repeals set out in Part I of the Third Schedule shall have\neffect.\n(2) The transitional provisions set out in Part II of the Third Schedule shall have\neffect.\n\nYouth Justice Act (2021 Revision)\nFIRST SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 31\n\n FIRST SCHEDULE\n(section 20(3))\nCustody and Detention of Young Offenders\nGeneral restrictions on custodial sentences\n1.\n(1) The only custodial sentences that a court may make where a young person is\nfound guilty of an offence are the sentences mentioned in this Schedule.\n(2) A court shall not pass a custodial sentence under this Schedule on a young\nperson who is not legally represented in that court unless \u2014\n(a) he has applied for legal aid under the Legal Aid Act, 2015 [Law 17 of 2015]\nand the application was refused on the ground that it did not appear that\nthat person\u2019s means were such that that person required assistance; or\n(b) having been informed of that person\u2019s right to apply for assistance in\naccordance with that Act and having had the opportunity to do so, that\nperson refused or failed to apply.\nCustodial sentences for murder and other grave crimes before the Grand Court\n2.\n(1) Where a young person is found guilty before the Grand Court of \u2014\n(a) murder; or\n(b) any other offence the sentence for which is fixed by law as imprisonment\nfor life, the court shall sentence that person to imprisonment during the\ncourt\u2019s pleasure.\n(2) Where a young person is found guilty of any other offence before the Grand\nCourt for which a person who has attained the age of seventeen would be liable\nto imprisonment for life, the court shall, if it considers that a custodial sentence\nwould be appropriate, sentence that person to imprisonment during the court\u2019s\npleasure.\n\nFIRST SCHEDULE\nYouth Justice Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\nCustodial sentences for offences punishable in the case of adults with\nimprisonment\n3.\nWhere a young person is found guilty before any court of any offence other than an\noffence mentioned in paragraph 2, punishable in the case of a person who has attained\nthe age of seventeen with imprisonment, then, if the court is of the opinion that none\nof the other methods in which the case may legally be dealt with is suitable, the court\nmay sentence the offender to be detained for such period, not exceeding the maximum\nterm of imprisonment with which the offence is punishable in the case of a person\nwho has attained the age of seventeen, as may be specified in the sentence.\nSentences of detention at rehabilitation schools\n4.\nWhere a young person is found guilty of any offence, other than an offence mentioned\nin paragraph 2, the court may sentence that person to be detained at any rehabilitation\nschool, which the court orders that person to attend under paragraph (a) of\nsection 20(3), in accordance with the provisions of the Second Schedule.\nPlace and conditions of detention\n5.\nWhere any sentence of detention has been passed with respect to a young person\nunder paragraph 2 or 3, that person shall be liable to be detained in such place\n(including a prison) and subject to such conditions as the court may direct, and while\nso detained shall be deemed to be in legal custody.\nQualifications for custodial sentence under paragraph 3\n6.\n(1) A court may not pass a sentence of detention under paragraph 3 unless it is\nsatisfied \u2014\n(a) that the circumstances, including the nature and the gravity of the offence,\nare such that if the offender were aged seventeen or over the court would\npass a sentence of imprisonment; and\n(b) that the offender qualified for a custodial sentence.\n(2) An offender qualifies for a custodial sentence if \u2014\n(a) he has a history of failure to respond to non-custodial penalties and is\nunable or unwilling to respond to them;\n(b) only a custodial sentence would be adequate to protect the public from\nserious harm from that person ; or\n(c) the offence of which that person has been found guilty was so serious that\na non-custodial sentence for it cannot be justified.\n(3) Where any court passes a sentence of detention under paragraph 3 it shall be its\nduty \u2014\n\nYouth Justice Act (2021 Revision)\nFIRST SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 33\n\n(a) to state in open court that it is satisfied that that person qualified for a\ncustodial sentence under one or more of the subsubparagraphs of\nsubparagraph (2), the subsubparagraph or subsubparagraphs in question\nand why it is so satisfied; and\n(b) to explain to the offender in open court and in ordinary language why it is\npassing a custodial sentence on that person .\nConsecutive sentences of detention\n7.\nWhere a young person is found guilty of more than one offence for which that person\nis liable to a sentence of detention under this Schedule, or a young person who is\nserving a sentence of detention imposed in accordance with this Schedule is found\nguilty of one or more further offences for which that person is liable to such a\nsentence, the court shall have the same power to pass consecutive sentences of\ndetention under this Schedule as if they were sentences of imprisonment.\n\nSECOND SCHEDULE\nYouth Justice Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\nSECOND SCHEDULE\n(section 27)\nYouth Rehabilitation Orders\nYouth rehabilitation orders\n1.\n(1) A youth rehabilitation order may be varied, suspended, discharged or\nreviewed \u2014\n(a) by the court that made it, on its own motion or on the application of any\nauthorised person; or\n(b) by any court on the application of any authorised person.\n(2) A youth rehabilitation order shall not extend beyond the date on which the\noffender in respect of whom the order was made attains the age of nineteen\nyears.\n(3) A youth rehabilitation order may, subject to subparagraph (2), require the\ndetention of the offender at a rehabilitation school for such period not exceeding\nthree years or the length of the order, whichever is the less, as the court thinks\nfit.\n(4) In this paragraph \u2014\n\u201cauthorised person\u201d means \u2014\n(a) a social worker or probation officer; and\n(b) after an order has been in force for one year, the young person with respect\nto whom the order was made.\n(5) Paragraph 4 makes further provision with respect to the suspension of a youth\nrehabilitation order.\nSupplementary provisions as to detention\n2.\n(1) Where a rehabilitation order requires the detention of a young person at a\nrehabilitation school, and accommodation for the person at such a school is not\nimmediately available, the court may \u2014\n(a) commit the offender to the care of such person mentioned in\nsubparagraph (2) as the court, having regard to all the circumstances,\nthinks fit, or\n(b) make any order \u2014\n(i)\nunder section 20; or\n(ii) under any other powers available to it,\n\nYouth Justice Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 35\n\nwhether in lieu of or in addition to the rehabilitation order, as it thinks fit.\n(2) The persons are \u2014\n(a) a person carrying on a registered children\u2019s home within the meaning of\nthe Children Act (2012 Revision).\n(b) the child\u2019s \u2014\n(i)\nparent;\n(ii) guardian; or\n(iii) other person having parental responsibility for that person ; or\n(c) the officer in charge of any police station or Northward Prison.\n(3) The court shall not make any committal order under subparagraph (1) unless it\nis satisfied that arrangements have been made by the person into whose care it\nproposes to commit the young person for that person\u2019s accommodation under\nthis paragraph.\n(4) A young person detained in pursuance of arrangements made for that person\u2019s\ndetention under this paragraph by \u2014\n(a) a person carrying on a registered children\u2019s home within the meaning of\nthe Children Act (2012 Revision); or\n(b) the officer in charge of any police station or Northward Prison,\nshall be deemed to be in legal custody.\n(5) An order made under subparagraph (1) shall include such provisions for the\nreview of the committal as the court thinks fit having regard to \u2014\n(a) the person into whose care the offender has been committed;\n(b) the likelihood of accommodation at a rehabilitation school becoming\navailable; and\n(c) the length of the rehabilitation order.\nOffences\n3.\n(1) A young person who has been ordered to attend a rehabilitation school under a\nyouth rehabilitation order is guilty of an offence \u2014\n(a) if that person fails to attend that school as required by the order;\n(b) where the order has required that person\u2019s detention at that school and that\nperson is absent from that school on temporary leave of absence or on\nlicence \u2014\n(i)\nif that person absconds from the person in whose charge that person\nis;\n(ii) if that person fails to return to the school at the end of that person\u2019s\nleave or licence; or\n\nSECOND SCHEDULE\nYouth Justice Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\n(iii) where that person is absent under supervision, that person fails to\nreturn to the school on being recalled; or\n(c) if that person contravenes any other requirement of the rehabilitation order.\n(2) A young person guilty of an offence under subparagraph (1) \u2014\n(a) in respect of an offence under subsubparagraph (b) of that subparagraph,\nmay be apprehended without warrant by a constable and returned to the\nrehabilitation school; and\n(b) is liable, on summary conviction, to such order under section 20, including\nsuch further rehabilitation order, as the court thinks fit.\n(3) Any person who knowingly \u2014\n(a) aids or abets a young person to commit an offence under subparagraph (1);\n(b) harbours or conceals a young person who has absconded or failed to return\nas specified in subsubparagraph (b) of that subparagraph; or\n(c) discloses any information relating to a young person attending a\nrehabilitation school without the prior authority of the court which made\nthe rehabilitation order,\nis guilty of an offence and liable on summary conviction to a fine of two\nthousand dollars and to imprisonment for three months.\nSuspension of youth rehabilitation order\n4.\n(1) The court that made a youth rehabilitation order may, subject to such conditions\nas it thinks fit, direct the suspension of a youth rehabilitation order.\n(2) An offender with respect to whom an order has been suspended under this\nparagraph shall be subject to the supervision of a probation officer or social\nworker until the end of the period of the suspension.\n(3) The offender shall be given a notice from the person responsible for that\nperson\u2019s supervision specifying the conditions with which the offender must\ncomply during the period of supervision.\n(4) Where \u2014\n(a) a youth rehabilitation order has been suspended as respects an offender;\nand\n(b) it appears on information to a justice of the peace that the offender has\nfailed to comply with any of the conditions imposed by the person\nresponsible for the offender\u2019s supervision under subparagraph (3),\nthe justice may issue a summons requiring the offender to appear before the\ncourt which suspended the order at the place and time specified in the summons.\n\nYouth Justice Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 37\n\n(5) Where the information in subparagraph (4) is in writing and on oath, the justice\nmay issue a warrant for the offender\u2019s arrest requiring that person to be brought\nbefore the court.\n(6) Where the court before which an offender appears or is brought under this\nparagraph is satisfied that that person has failed to comply with any conditions\nimposed by the person responsible for the offender\u2019s supervision under\nsubparagraph (3), the court may \u2014\n(a) order that the suspension is revoked and the offender be required to attend\na rehabilitation school for the remaining period of the order which was\nsuspended;\n(b) order the offender to be detained at a rehabilitation school for such period,\nnot\nexceeding\nany\nperiod\nof\nattendance\nordered\nunder\nsubsubparagraph (a), as it thinks fit; or\n(c) make such further order under section 20(1) (including a youth\nrehabilitation order) as, in all the circumstances, it thinks fit.\n(7) Where accommodation for an offender with respect to whom the court decides\nto make a youth rehabilitation order under subparagraph (6) is not immediately\navailable, paragraph 2 shall apply in relation to that person .\nApproval of rehabilitation schools\n5.\n(1) A person carrying on any educational or training activity on premises, whether\nor not in the Islands, may apply to the Cabinet to approve those premises for the\npurposes of this Act.\n(2) The Cabinet may, after making such enquiries as the Cabinet thinks fit,\napprove \u2014\n(a) the premises described in an application; and\n(b) any part of those premises or any other premises on which the applicant\ncarries on educational or training activities,\nas a rehabilitation school for the purposes of this Act.\n(3) An approval of a rehabilitation school \u2014\n(a) may be granted subject to such conditions as the Cabinet thinks fit; and\n(b) may be revoked on not less than six months\u2019 notice given by the Cabinet\nto the person carrying on the school.\n(4) The Cabinet may, at any time during the period that any premises are approved\nas a rehabilitation school \u2014\n(a) vary;\n(b) add to; or\n(c) discharge,\n\nSECOND SCHEDULE\nYouth Justice Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\nany conditions subject to which the approval was granted.\n(5) Any variation, addition or discharge of conditions shall take effect one month\nafter service of notice on the person carrying on the school of that variation,\naddition or discharge.\n(6) If any condition imposed or varied on a person carrying on a rehabilitation\nschool in the Islands is not complied with, that person, if that person has no\nreasonable excuse, is guilty of an offence and liable on summary conviction to\na fine of five thousand dollars.\n(7) The person carrying on an approved school may give to the Cabinet not less\nthan six months\u2019 notice of that person\u2019s intention \u2014\n(a) to cease; or\n(b) to vary materially,\nthe educational or training activities carried on at the school.\nProvisions supplementary to approval of rehabilitation schools\n6.\n(1) Subject to subparagraph (2), the person carrying on an approved rehabilitation\nschool is under a duty \u2014\n(a) to receive at the school any person who is ordered to attend it;\n(b) to accommodate at the school any person who is ordered to be so\naccommodated; and\n(c) to detain at the school any person who is ordered to be so detained.\n(2) The duty does not apply where a court, on the application of the person carrying\non the school, is satisfied that there are already as many persons receiving\neducation or training at the school or are accommodated or detained there as in\nall the circumstances is desirable.\n(3) A person carrying on an approved rehabilitation school in the Islands who fails\nwithout reasonable excuse to carry out that person\u2019s duty under\nsubparagraph (1) is guilty of an offence and liable on summary conviction to a\nfine of five thousand dollars.\n(4) A copy of an order under section 20 or paragraph 4 of this Schedule requiring \u2014\n(a) the attendance of an offender at a rehabilitation school; or\n(b) the detention of an offender at such a school,\nshall be sent to the person carrying on the school as evidence of the duty\nimposed by the order on that person with respect to the offender.\n\nYouth Justice Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 39\n\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of Cabinet\n\nNotes: (not forming part of this Act) \u2014\n1.\nThe Rules Committee of the Grand Court has issued relevant rules under the Children\nAct (2012 Revision)(see PDs 6\/2012, 10\/2014, 13\/2014, 15\/2014 and 16\/2014).\n\nYouth Justice Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 41\n\nENDNOTES\nTable of Legislation history:\n\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020 Citation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n32\/020 Youth Justice (Amendment) Law, 2020\n7-Jul-2020\nLG49\/2020\/s8\n\n Youth Justice Law (2019 Revision)\n21-Feb-2019\nLG4\/2020\/s14\n\n1\/2018 Youth Justice (Amendment) Law, 2018\n7-May-2018\nG10\/2018\/s2\n\n Youth Justice Law (2005 Revision)\n5-Sep-2005\nG18\/2005\/s8\n\n Youth Justice Law (2001 Revision)\n12-Mar-2001\nG6\/2001\/s5\n10\/1996\n Youth Justice Law, 1995 (Commencement) Order, 1996\n12-Mar-1996\nG6\/1996\/s1\n\n8\/1995 Youth Justice Law, 1995\n12-Mar-1996\nGE20\/1995\/s1\n\nENDNOTES\nYouth Justice Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\n(Price: $8.80)","akn_extracted_at":"2026-06-22 15:38:01.89602+00","cms_id":"1995-0008","law_type":"principal","year":"1995","number":"8","title":"Youth Justice Act","status":"in_force"},"provenance":{"files":[{"file_id":"5439","expr_id":"461","kind":"akn_xml","filename":"1995-0008_2021 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.akn.xml","content_md5":"638965f0181e5132298bbe1b70b4e12b","byte_size":"69906","http_last_modified":null,"fetched_at":"2026-06-22 15:38:02.155228+00"},{"file_id":"921","expr_id":"461","kind":"pristine_pdf","filename":"1995-0008_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.pdf","content_md5":"d17f945d49385515f91b94df380abba9","byte_size":"1161404","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.507662+00"},{"file_id":"922","expr_id":"461","kind":"working_pdf","filename":"1995-0008_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1995\/1995-0008\/1995-0008_2021 Revision.pdf","content_md5":"d17f945d49385515f91b94df380abba9","byte_size":"1161404","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.507662+00"}],"paragraph_count":26,"latest_history":null},"quality":{"expr_id":"461","doc_id":"461","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{other}","repair_actions":"{collapse_duplicate_text,manual_review,strip_page_furniture}","finding_severity_counts":"{\"medium\": 1}","finding_summary":"Metadata\u2011text date mismatch noted; 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