Children and Young Persons Act 1933

[F1 SCHEDULE 2] E+W CONSTITUTION OF [F2 YOUTH COURTS]

Textual Amendments

F1 Sch. 2 substituted by Children and Young Persons Act 1963 (c. 37), s. 17(1), Sch. 2

F2 Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C1 Sch. 2 amended by S.I. 1985/1383, art. 3(6)

C2 References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

C3 Functions of the Secretary of State in Sch. 2 transferred (1.4.1992) to the Lord Chancellor by virtue of S.I. 1992/709, art. 2(1)(c), Sch. 1.

Sch. 2 modified (temp. from 19.7.2000) by S.I. 2000/1920, art. 4

Part I E+W [F3 Outside Metropolitan Area]

Textual Amendments

F3 Heading in Sch. 2 Pt. I repealed (prosp.) by 1999 c. 22, ss. 77(1)(2), 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 para. 7(2), 36(9))

[F4 Youth court panels] E+W

Textual Amendments

F4 Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

1 The following provisions of this Part of this Schedule shall have effect as respects [F5 petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.]

Textual Amendments

F5 Words in Sch. 2 para. 1 substituted (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 para. 16(2) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

[F6 Qualification to sit as member of youth court.] E+W

Textual Amendments

F6 Cross-heading before Sch. 2 para. 2 inserted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(1)(2) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

X1 2 A justice shall not be qualified to sit as a member of a [F7 youth court] unless he is

[F8 (a) a District Judge (Magistrates’ Courts), or

(b) a member of a [F9 youth court panel], that is to say, a panel of justices specially qualified to deal with juvenile cases.]

Editorial Information

X1 The insertion of the new heading "Qualification to sit as member of youth court" in Sch. 2 Pt. I on 31.8.2000 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F7 Words in Sch. 2 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F8 Para. (a) inserted and words renumbered as para. (b) in Sch. 2 para. 2 (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(3) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F9 Words in Sch. 2 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(1)(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

[F10 Constitution by single District Judge (Magistrates’ Courts)] E+W

Textual Amendments

F10 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F11 2A A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

Textual Amendments

F11 Sch. 2 para. 2A inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F12 Youth court panels.] E+W

Textual Amendments

F12 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

3 Subject to the following provisions of this Part of this Schedule, a [F13 youth court panel] shall be formed for every petty sessions area.

Textual Amendments

F13 Words in Sch. 2 para. 3 substituted (1.10.1992) by Criminal Justice Act 1991 (c.53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

Modifications etc. (not altering text)

C4 Sch. 2 para. 3 excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

Combined [F14 youth court panels] E+W

Textual Amendments

F14 Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch.2

4 A magistrates’ courts committee may make recommendations to the [F15 Lord Chancellor]—

(a) for the formation of a combined [F16 youth court panel] for two or more petty sessions areas, or

(b) for the dissolution of any such combined [F16 youth court panel],

if the committee’s area comprises at least one of the petty sessions areas concerned.

Textual Amendments

F15 Words in Sch. 2 para. 4 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3), Sch. 1

F16 Words in Sch. 2 para. 4 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

5 It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the [F17 Lord Chancellor], to review the functioning of [F18 youth courts] in their area and on completion of the review to submit to the [F17 Lord Chancellor] either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

Textual Amendments

F17 Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F18 Words in Sch. 2 para. 5 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2.

6 Subject to the provisions of this Schedule—

(a) where a magistrates’ courts committee make such recommendations to the [F19 Lord Chancellor], he may [F20 after consulting the Lord Chief Justice] make an order giving effect to them subject to any modifications he thinks fit [F21 after consulting the Lord Chief Justice]; and

(b) where a magistrates’ courts committee fail to comply within six months with a direction of the [F19 Lord Chancellor] under the preceding paragraph, or [F19 Lord Chancellor] is dissatisfied with the report submitted in pursuance of such a direction, he may [F22 , after consulting the Lord Chief Justice,] make such order as he thinks fit [F23 , after consulting the Lord Chief Justice,] for the purposes mentioned in paragraph 4 of this Schedule.

Textual Amendments

F19 Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F20 Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F21 Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F22 Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F23 Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Effect of order establishing combined panel E+W

7 Where a combined [F24 youth court panel]is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a [F25 youth court].

Textual Amendments

F24 Words in Sch. 2 para. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch.2

F25 Words in Sch. 2 para. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

Restrictions on formation of combined panels E+W

8 No order under this Schedule shall provide for the formation of a combined [F26 youth court panel] for an area [F27 unless the area consists of, or is wholly included in, a single commission area]

Textual Amendments

F26 Words in Sch. 2 para. 8 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F27 Words substituted for words and paras. (a)(b) in Sch. 2 para. 8 (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 paras. 14, 16(3) (with Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C5 Sch. 2 para. 8 amended (1.4.1996) by: S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(k); S.I. 1996/675, art. 2, Sch. Pt. II para. 7(2)(k)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F28 8A

Textual Amendments

F28 Sch. 2 para. 8A repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(iii)

9 An order under this Schedule providing for the formation of a combined [F29 youth court panel] for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Textual Amendments

F29 Words in Sch. 2 para. 9 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C6 Sch. 2 para. 9 restricted (conditionally) (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i) (which restriction fell (prosp.) by reason of the repeal of Sch. 14 para. 28(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)))

Consultations and notices E+W

10 A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

(a) the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and

(b) any other magistrates’ courts committee the whole or part of whose area is concerned;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11 Where the [F30 Lord Chancellor] proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

Textual Amendments

F30 Words in Sch. 2 para. 11 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

12 Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the [F31 Lord Chancellor] shall, before making an order, consider any representations made to him by the justices or committee, or by any [F32 youth court panel] concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Textual Amendments

F31 Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F32 Words in Sch. 2 para. 12 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

Part II E+W Metropolitan Area

13 The following provisions of this Part of this Schedule shall have effect [F33 as respects the area consisiting of the petty sessions areas falling wholly or partly within the area consisting of the inner Londodn boroughs and the City of London] (in this Part of this Schedule referred to as the metropolitan area).

Textual Amendments

F33 Words in Sch. 2 para. 13 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 14, 16(4) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(4) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

14 [F34 Youth courts] shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the [F35 Lord Chancellor] may [F36 , after consulting the Lord Chief Justice,] by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

Textual Amendments

F34 Words in Sch. 2 para. 14 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

F35 Words in Sch. 2 para. 14 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F36 Words in Sch. 2 para. 14 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(3) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

15 Subject to the following provisions of this Schedule—

(a) each [F37 youth court]shall [F38 either consist of a metropolitan stipendiary magistrate sitting alone or]consist of a chairman and two other members and F39 . . . have both a man and a woman among its members;

(b) the chairman [F40 (where applicable)]shall be a person nominated [F41 by the Lord Chief Justice, after consulting the Lord Chancellor,] to act as chairman of [F37 youth courts] for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F42 a lay justice for the inner London area] selected, in such manner as may be provided by an [F43 order made by the Lord Chief Justice after consulting the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c) the other members [F44 (where applicable)] shall be justices so selected from that panel.

Textual Amendments

F37 Words in Sch. 2 para. 15(a)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F38 Words in Sch. 2 para. 15(a) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(a); S.I. 1998/2327, art. 2(1)(k).

F39 Word in Sch. 2 para. 15(a) repealed (30.9.1998) by 1998 c. 37, ss. 48(1)(a), 120(2), Sch. 10; S.I. 1998/3237, art. 2(1)(k)(3)(g).

F40 Words in Sch. 2 para. 15(b) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(b); S.I. 1998/2327, art. 2(1)(k).

F41 Words in Sch. 2 para. 15(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(4)(a) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F42 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F43 Words in Sch. 2 para. 15(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(4)(b) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F44 Words in Sch. 2 para. 15(c) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(c); S.I. 1998/2327, art. 2(1)(k).

Modifications etc. (not altering text)

C7 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

[F45 15A (1) Where, in the the case of any sitting of a [F46 youth court], a person nominated under paragraph 15(b)of this Schedule—

(a) is available to act as chairman; but

(b) considers that it would be appropriate for another member of the court to act as chairman,

he may nominate that member to act as chairman at that sitting.

(2) A member of a [F46 youth court] nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.]

Textual Amendments

F45 Sch. 2 para. 15A inserted by virtue of Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 61

F46 Words in Sch. 2 para. 15A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

16 If at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a [F47 youth court], any metropolitan stipendiary magistrate or, with the [F48 consent of the Lord Chief Justice, given after consulting the Lord Chancellor,] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

Textual Amendments

F47 Words in Sch. 2 para. 16 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F48 Words in Sch. 2 para. 16 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(5) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Modifications etc. (not altering text)

C8 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

17 Where it appears to the chairman that a [F49 youth court] cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) F50 . . ..

Textual Amendments

F49 Words in Sch. 2 para. 17 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F50 Words in Sch. 2 para. 17 repealed (30.9.1998) by 1998 c. 37, ss. 48(2), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(k)(3)(g).

Modifications etc. (not altering text)

C9 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

18 [F51 The [F52 Lord Chief Justice]], in nominating any persons under this Part of this Schedule shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases; and every such nomination shall be for a specified period and shall be revocable by [F53 the [F54 Lord Chief Justice, after consulting the Lord Chancellor]].

Textual Amendments

F51 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F52 Words in Sch. 2 para. 18 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(6)(a) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F53 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

F54 Words in Sch. 2 para. 18 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(6)(b) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Modifications etc. (not altering text)

C10 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

19

Textual Amendments

F55 Sch. 2 para. 19 repealed by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 48(1), Sch. 5

Part III E+W General

20 An order of the [F56 Lord Chancellor] under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

Textual Amendments

F56 Words in Sch. 2 para. 20 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

21 Any such order may contain supplementary, incidental and consequential provisions.

22 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.