Children Act 2001

Detention and supervision.

151

151.—(1) Where a court is satisfied that detention is the only suitable way of dealing with a child F132[], it may, instead of making a children detention order, make a detention and supervision order.

(2) A detention and supervision order shall provide for detention in a F133[children detention school] followed by supervision in the community.

(3) Subject to subsection (4), half of the period for which a detention and supervision order is in force shall be spent by the child in detention in a F133[children detention school] and half under supervision in the community.

(4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 F134[or 3, or conditional release under section 2A,] of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child’s release.

(5) The supervision provided for in this section shall be by a probation and welfare officer.

(6) A detention and supervision order, in so far as it relates to detention, shall be deemed for all purposes to be a children detention order.

(7) A detention and supervision order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that the child concerned would be of good behaviour and for reducing the likelihood of the child’s committing any further offences.

(8) Section 130 shall apply, with any necessary modifications, to non-compliance with a detention and supervision order, or with any condition to which it is subject, as if for the references to an order in that section there were substituted references to a detention and supervision order.

Annotations

Amendments:

F132

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 16, S.I. No. 65 of 2007.

F133

Substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 17, S.I. No. 65 of 2007.

F134

Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 74, S.I. No. 213 of 2023.

F135

Inserted by Children (Amendment) Act 2015 (30/2015), s. 10(a), not commenced as of date of revision.

F136

Deleted by Children (Amendment) Act 2015 (30/2015), s. 10(b), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (4) amended by Children (Amendment) Act 2015 (30/2015), s. 10, not commenced as of date of revision.

(4) Where the child is released from detention F135[on being granted remission of portion of his or her period of detention in a children detention school pursuant to regulations made under section 221,] F136[] supervision of the child in the community under the order shall be deemed to commence on the child’s release.