SCHEDULE 12 continued
71 In Article 37(4) (requirements of attendance centre orders), for the words from “be such” to the end substitute “, so far as practicable, be such as to avoid any conflict with the child’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.”
72 In Article 39(1) (juvenile justice centre orders)—
(a) after “a child” insert “who has attained the age of 14”, and
(b) for “to which Article 45(1) applies” substitute “the sentence for which is, in the case of an adult, fixed by law as imprisonment for life”.
73 (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.
(2) In paragraph (2)—
(a) for “in any of” substitute “in either of”,
(b) for sub-paragraph (a) substitute—
“(a) it may impose on him a fine not exceeding £1,000;”, and
(c) for paragraphs (i) and (ii) of sub-paragraph (b) substitute—
“(i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or
(ii) in a young offenders centre in any other case.”
(3) After that paragraph insert—
“(2A) The offender falls within this paragraph if he—
(a) has attained the age of 17;
(b) has not attained the age of 18 and will not attain that age within the next 30 days; and
(c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years,
and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre).
(2B) Where the court imposes a fine on the offender under paragraph (2)(a)—
(a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and
(b) if he has attained that age but has not attained the age of 18, it may so order.
(2C) A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made.
(2D) A parent or guardian may appeal to a county court against an order under paragraph (2B).”
74 In Article 44(1) (effect of subsequent conviction where juvenile justice centre order in effect), after “an offence” insert “and the court imposes a custodial sentence on the child for the offence”.
75 In Article 56(5)(a) (power to provide for functions of Juvenile Justice Board to include power to make schemes for children subject to attendance centre orders or juvenile justice centre orders), after “subject to” insert “reparation orders, community responsibility orders, a youth conference plan,”.
76 The Northern Ireland Act 2000 has effect subject to the following amendments.
77 In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “as Attorney General for Northern Ireland”.
78 In section 3 (restoration of devolved government), insert at the end—
“(8) If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date.”
79 In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—
“5A If the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002.”
80 In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for “member of the Office of the Director of Public Prosecutions for Northern Ireland” substitute “member of staff of the Public Prosecution Service for Northern Ireland”.
81 In section 5(1)(c) of the Regulatory Reform Act 2001 (consultation with Law Commission or Scottish Law Commission before making of order under section 1), for “or the Scottish Law Commission” substitute “, the Scottish Law Commission or the Northern Ireland Law Commission”.