Section 27Part 3 — Young Persons and Offences
Youth rehabilitation orders
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A court shall not make a youth rehabilitation order in respect of any young person unless —
it has received a report from a social worker which recommends that the young person in respect of whom the report was prepared would benefit from the order being made;
it is satisfied that —
the young person is beyond parental control; and
it is in the interests of the welfare of the young person that the order is made; and
in respect of an order requiring the attendance of a young person at a school which is not in the Islands, the Attorney-General has given a certificate that the laws applicable —
to the education, training, residence and detention of young persons at that school; and
travel to and from that school,
are such as to allow the order to be carried out.
In considering whether to make a youth rehabilitation order, a court shall have regard to —
the welfare of the young person;
his educational needs;
his age, sex, religious persuasion and background;
the nature of the offence; and
all the other circumstances which the court considers relevant.
Where a social worker employed by the Department of Social Services, or a probation officer has reasonable grounds for believing a young person is beyond parental control, that social worker may make an application to a youth court for a youth rehabilitation order.
For the purposes of an application mentioned in subsection (3) —
sections 9, 10, 12, 13, 17 and 18 shall apply as if the young person was being dealt with by the court in proceedings to which those provisions relate; and
the court may grant the application in accordance with subsections (1) and (2).
A youth rehabilitation order —
shall require the attendance of the young person with respect to whom the order is made at the rehabilitation school specified in the order; and
may require the detention of that young person at that school for such period, not exceeding the duration of the order, as may be so specified.
After a court has made a youth rehabilitation order which requires the detention of the young person at a rehabilitation school, that person shall (unless the court otherwise orders) be detained at a detention facility to be determined by the court until that person is conveyed to that school.
The Second Schedule shall have effect for the purpose of making further provision with respect to youth rehabilitation orders and rehabilitation schools.