Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017.
(2) These Regulations shall come into operation on 28 August 2017.
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paragraphs: (1) In these Regulations—
(2) In the application of these Regulations to a person under 18 years of age who is married—
(a) a reference to parent or guardian of the person shall be construed as a reference to his or her spouse, and
(b) a reference to an adult relative of the person shall be construed as including a reference to his or her parent or guardian.
(3) A reference in these Regulations to a person signing a document shall include, in the case of a person who is unable to write, a reference to the person making his or her mark.
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paragraphs: These Regulations apply to a person under 18 years of age—
(a) who has been detained pursuant to section 4 of the Act of 1984 in respect of a relevant offence, and
(b) whose detention is being suspended under section 4(3A) of that Act.
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paragraphs: (1) The form set out in Schedule 1 is the form of notice prescribed for the purpose of section 4(3C) of the Act of 1984.
(2) The member in charge shall, without delay—
(a) give the person whose detention is being suspended pursuant to section 4(3A) of the Act of 1984 the notice referred to in paragraph (1), and
(b) when so giving the notice to the person concerned, explain, or cause to be explained, to him or her orally, in a manner that is appropriate to the age and level of understanding of the person, the effect of the notice.
(3) Where a parent or guardian of the person concerned is present at the station, the member in charge shall ensure that a copy of the notice referred to in paragraph (1) is handed to the person’s parent or guardian, as the case may be, and the effect of the notice is explained to him or her.
(4) Where a parent or guardian of the person concerned is not present at the station, the member in charge shall—
(a) where the whereabouts of the person’s parent or guardian, as the case may be, is known, ensure that a copy of the notice referred to in paragraph (1) is sent to the parent or guardian concerned, and
(b) where an adult relative of the person concerned or other adult reasonably named by the person pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987 is present, ensure that a copy of the notice referred to in paragraph (1) is handed to the relative or other adult, as the case may be.
(5) Where neither the parent or guardian nor any adult relative or other adult reasonably named by the person concerned pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987 is present at the station and the whereabouts of the parent or guardian, as the case may be, is unknown, the member in charge may send a copy of the notice referred to in paragraph (1) to an adult relative or other adult reasonably named by the person pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987.
(6) The member in charge shall ask the person whose detention is being suspended pursuant to section 4(3A) of the Act of 1984 and any other person present at the station to whom a copy of the notice referred to in paragraph (1) is being given to acknowledge receipt of the notice, or copy of the notice as the case may be, and, in the event that he or she refuses, or they, as the case may be, refuse, to do so, the refusal shall be duly recorded on that notice.
(7) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.
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paragraphs: (1) The form set out in Schedule 2 is the form of notice prescribed for the purpose of section 4(3D) of the Act of 1984.
(2) The notice referred to in paragraph (1) shall be addressed to the person concerned by name and may be served on the person in one of the following ways—
(a) by giving it to the person, or
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(3) Where a notice referred to in paragraph (1) is issued, the member who issued the notice shall ensure that, subject to paragraph (5), a copy of the notice is served in the manner specified in paragraph (4) on the parent or guardian, as the case may be, of the person concerned.
(4) The copy of the notice referred to in paragraph (1) shall be addressed by name to the parent or guardian, as the case may be, of the person concerned, and may be served on the parent or guardian, as the case may be, in one of the following ways—
(a) by giving it to the parent or guardian, as the case may be, or
(b) by leaving it at the address at which the parent or guardian, as the case may be, ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(5) Where the whereabouts of the parent or guardian, as the case may be, of the person concerned is unknown, a copy of the notice referred to in paragraph (1) shall be addressed by name to an adult relative or other adult reasonably named by the person (in this paragraph referred to as a “relevant adult”), whether or not the relevant adult attended at the station pursuant to section 58(2) of the Act of 2001 or Regulation 9 of the Regulations of 1987, and may be served on the relevant adult in one of the following ways—
(a) by giving it to the relevant adult, or
(b) by leaving it at the address at which the relevant adult ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(6) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.
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paragraphs: (1) The form set out in Schedule 3 is the form of notice prescribed for the purpose of section 4(3B)(d) of the Act of 1984.
(2) The notice referred to in paragraph (1) shall be addressed to the person concerned by name and may be served on the person in one of the following ways—
(a) by giving it to the person, or
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(3) Where a notice referred to in paragraph (1) is issued, the member who issued the notice shall ensure that, subject to paragraph (5), a copy of the notice is served in the manner specified in paragraph (4) on the parent or guardian, as the case may be, of the person concerned.
(4) The copy of the notice referred to in paragraph (1) shall be addressed by name to the parent or guardian, as the case may be, of the person concerned, and may, be served on the parent or guardian, as the case may be, in one of the following ways—
(a) by giving it to the parent or guardian, as the case may be, or
(b) by leaving it at the address at which the parent or guardian, as the case may be, ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(5) Where the whereabouts of the parent or guardian, as the case may be, of the person concerned is unknown, a copy of the notice referred to in paragraph (1) shall be addressed by name to an adult relative or other adult reasonably named by the person (in this paragraph referred to as a “relevant adult”), whether or not the relevant adult attended at the station pursuant to section 58(2) of the Act of 2001 or Regulation 9 of the Regulations of 1987, and may be served on the relevant adult in one of the following ways—
(a) by giving it to the relevant adult, or
(b) by leaving it at the address at which the relevant adult ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(6) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.
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paragraphs: A period of not less than 7 days’ notice from the date of the serving of the notice under section 4(3D)(a) of the new date and time or station appointed pursuant to section 4(3D) is prescribed for the purposes of section 4(3D)(b) of the Act of 1984.