Criminal Justice Act 1985

Before its repeal, this Act was administered by: Ministry of Justice
  • repealed
  • Criminal Justice Act 1985: repealed, on 1 July 2013, by section 411 of the Criminal Procedure Act 2011 (2011 No 81).
142 Special provisions as to young persons remanded or committed for trial or sentence
  • (1) Notwithstanding anything in any other enactment, no person under the age of 16 years shall be remanded to a prison pending the hearing or trial of any charge or pending sentence.

    (2) Notwithstanding anything in any other enactment, no person who has attained the age of 16 years but has not attained the age of 17 years shall be remanded to a prison pending the hearing or trial of any charge or pending sentence, except where the person is charged with or has been convicted of a purely indictable offence (within the meaning of section 8).

    (2A) In subsections (1) and (2), a reference to a prison does not include a Police jail.

    (3) Subject to subsections (1) and (2) and to the Children, Young Persons, and Their Families Act 1989, the provisions of subsections (4), (4A), (4B), and (5) shall apply in respect of every person who is under the age of 17 years and who is charged with or convicted of any offence in a District Court or the High Court.

    (4) Where a court remands or commits for trial or sentence any person who appears to the court to be of or over the age of 17 years but under the age of 20 years, section 15 of the Bail Act 2000 applies.

    (4A) Despite section 15 of the Bail Act 2000, the court may in any case direct that the person be detained in a prison if in its opinion no other course is desirable, having regard to all the circumstances.

    (4B) Despite section 15 of the Bail Act 2000, the court may remand the person in the custody of the Director-General of Social Welfare if in its opinion it is desirable to do so by reason of special circumstances, and if it is satisfied that the Director-General of Social Welfare is able and willing to keep the person in custody in accordance with this section.

    (5) Where any such person is remanded in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, that person may, until he or she is brought up for trial or sentence, be placed in any residence under the Children, Young Persons, and Their Families Act 1989, or under the care of any suitable person pursuant to that Act.

    (5A) The court may remand a defendant who is under 17 years in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 for the purposes of an assessment report under section 38 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 if—

    • (a) the court is satisfied that the chief executive is able and willing to keep the defendant in custody for the purpose of the assessment report for any period, not exceeding 14 days, that the court thinks fit; and

    • (b) the court would (in the absence of the provisions of subsection (1) or subsection (2)) have remanded the defendant to a prison in accordance with section 38(2)(b) of that Act for the purposes of the assessment report.

    (5B) If, in any case to which section 38(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 applies, the defendant is under the age of 17 years, the provisions of section 38(2)(c) to (4) and sections 40 to 44 of that Act must be read as if—

    (5C) Where the court remands any person in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 under subsection (5A), subsection (5) shall apply as if the person were remanded pursuant to subsection (4B).

    (6) Nothing in subsections (1) and (2) shall apply in respect of any person who is subject to a sentence or term of imprisonment.

    Compare: 1954 No 50 s 47

    Section 142(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(2A): inserted, on 30 June 2002, by section 177(1) of the Sentencing Act 2002 (2002 No 9).

    Section 142(2A): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(3): amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

    Section 142(3): amended, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

    Section 142(4): substituted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

    Section 142(4A): inserted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

    Section 142(4A): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(4B): inserted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

    Section 142(5): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 142(5): amended, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

    Section 142(5A): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 142(5A)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(5B): inserted, on 16 October 1989, by section 6(2) of the Criminal Justice Amendment Act (No 2) 1989 (1989 No 91).

    Section 142(5B): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 142(5B)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(5B)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 142(5B)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 142(5B)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 142(5B)(c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 142(5C): inserted, on 16 October 1989, by section 6(2) of the Criminal Justice Amendment Act (No 2) 1989 (1989 No 91).

    Section 142(5C): amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

    Section 142(5C): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Section 142(6): amended, on 30 June 2002, by section 177(2) of the Sentencing Act 2002 (2002 No 9).