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Criminal Justice Act 1991

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Change 1

What to do with it
As published

56 Attendance at court of parent or guardian.

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section— Attendance at court of parent or guardian. 34A (1) Where a child or young person is charged with an offence or is for any other reason brought before a court, the court— (a) may in any case; and (b) shall in the case of a child or a young person who is under the age of sixteen years, require a person who is a parent or guardian of his 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) In relation to a child or young person for whom a local authority have parental responsibility and who— (a) is in their care; or (b) is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970, the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference. In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

Your change, as a redline

56 Attendance at court of parent or guardian.

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section— Attendance at court of parent or guardian. 34A (1) Where a child or young person is charged with an offence or is for any other reason brought before a court, the court— (a) may in any case; and (b) shall in the case of a child or a young person who is under the age of sixteen years, require a person who is a parent or guardian of his 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) In relation to a child or young person for whom a local authority have parental responsibility and who— (a) is in their care; or (b) is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970, the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference. In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

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