s.22Binding over of parent or guardian, etc.
22
Section 22Part 3 — Young Persons and Offences

Binding over of parent or guardian, etc.

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Where a young person is found guilty of any offence before —
a youth court;
any other court of summary jurisdiction; or
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.
Where the court is not satisfied as mentioned in subsection (1) it shall state in open court —
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
why it is not so satisfied.
The powers conferred by this section are —
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
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.
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.
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.
A person may appeal against an order under this section made by —
a youth court or any other court of summary jurisdiction, to the Grand Court; and
the Grand Court, to the Court of Appeal of the Islands under Part III of the Court of Appeal Act (2011 Revision).
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.
Where —
a recognizance has been entered into in pursuance of an order under paragraph (a) of subsection (3) before any court; and
the recognizance appears to any court of summary jurisdiction to be forfeited,
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.
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.

Cross References