Section 21Part 3 — Young Persons and Offences
Power to order parent or guardian to pay fine, 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; and
the court is of opinion that the case would best be met by the imposition of a fine, costs or the making of a compensation order, whether with or without other punishment,
it is the duty of the court, subject to subsection (2), to order that the fine, compensation or costs awarded be paid by the parent or guardian of, or other person who has parental responsibility for, the young person instead of by the young person themselves.
A court shall not be under the duty specified in subsection (1) where the court is satisfied —
that the parent, guardian or other person having parental responsibility cannot be found; or
that it would be unreasonable to make an order for payment having regard to the circumstances of the case.
An order under subsection (1) may be made against a parent, guardian or other person having parental responsibility who, having been required to attend, has failed to do so, but, otherwise, no such order shall be made without giving the parent, guardian or other person having parental responsibility an opportunity of being heard.
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 under Part III of the Court of Appeal Act (2011 Revision).
In relation to a young person for whom the Department of Social Services has parental responsibility and who is —
in its care; or
provided with accommodation by, or on behalf of, the Department in the exercise of its functions under the Children Act (2012 Revision),
references in this section to that person's parent or guardian shall be construed as references to that Department.
Cross References
- Section of Court Of Appeal Act
Reference to Part III of the Court of Appeal Act (2011 Revision)
- Section of Children Act
Reference to Children Act (2012 Revision)