Abolishes care orders in criminal proceedings CA 1989 s.90
Abolishes the power to make care orders in criminal proceedings under CYPA 1969 s.1(2) (offence condition), s.7(7)(a), and s.15(1).
The power of a court to make an order under subsection (2) of section 1 of the Children and Young Persons Act 1969 (care proceedings in youth courts ) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“ the offence condition ”) is satisfied is hereby abolished. The powers of the court to make care orders— under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act, are hereby abolished. The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section removes the ability of a court to make care orders when dealing with a child in criminal proceedings under the Children and Young Persons Act 1969. Specifically, the court can no longer make a care order under the 'offence condition' in section 1(2) of that Act, nor under section 7(7)(a) when altering treatment of a young offender, nor under section 15(1) when discharging a supervision order.
The section also provides that the powers to include requirements in supervision orders under the 1969 Act are amended by Schedule 12 to this Act.
When it applies
- A youth court considering a care order for a child who has committed an offence can no longer do so under the offence condition.
- A magistrate deciding to discharge a supervision order for a young offender cannot replace it with a care order under section 15(1).
- A court altering the treatment of a young offender (e.g., from a custodial sentence) cannot impose a care order under section 7(7)(a).
- A supervision order previously containing requirements under the CYPA 1969 may be affected by the amendments in Schedule 12.
What this section does not say
- This section does not affect care orders made in family proceedings under Part IV of the Children Act 1989.
- It does not abolish the power to make supervision orders under the CYPA 1969, only the power to include a care order in certain contexts.
- It does not change care orders that were validly made before this section came into force.
- It does not apply to care orders under mental health legislation.
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This page reproduces the text of CA 1989 s. 90 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.