Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

SCHEDULES

SCHEDULE 8 E+W Breach, revocation and amendment of F1 ... reparation orders

Textual Amendments

F1 Words in Sch. 8 heading repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 62(2), Sch. 28 Pt. 1 (with Sch. 27 paras. 125); S.I. 2009/3074, art. 2(p)(u)(xiii)

[F2 Power to adjourn hearing and remand offender E+W

Textual Amendments

F2 Sch. 8 para. 6A inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 108(6) (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(xv)

6A (1) This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5) The persons referred to in sub-paragraph (4)(b) are—

(a) the offender,

(b) if the offender is aged under 14, a parent or guardian of the offender, and

(c) the responsible officer.

(6) If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7) In sub-paragraph (6)—

• “local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

• “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

• “social services functions” has the same meaning as it has [F3 —

  (a)

  in relation to a local authority in England,]

  (b)

  [F4 in relation to a local authority in Wales, in section 143 of the Social Services and Well-being (Wales) Act 2014]

  in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8) The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.]

Textual Amendments

F3 Words in Sch. 8 para. 6A(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 169(a)

F4 Words in Sch. 8 para. 6A(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 169(b)