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The Magistrates’ Courts (Injunctions: Anti-Social Behaviour) Rules 2015

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Respondent attaining age of 18 after commencement of proceedings

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16.—(1) Where a respondent attains the age of 18 after the commencement of proceedings under Part 1 of the 2014 Act, the proceedings must remain in a youth court, subject to paragraphs (2) and (3).

(2) The court in which the proceedings were continuing when the respondent attained the age of 18 may, at the request of the applicant or the respondent or of its own motion—

(a)make a direction under paragraph (3); or

(b)direct that the proceedings be transferred to a youth court for the local justice area in which the respondent currently resides, in order for that court to consider whether to make a direction under paragraph (3).

(3) The court may direct that the proceedings be transferred to the High Court or county court, having had regard in particular to—

(a)the stage which the proceedings have reached;

(b)the circumstances of the applicant and the respondent; and

(c)the need to ensure fairness between the applicant and the respondent.

(4) The court may not make a direction under paragraph (3) without a hearing, on notice to both the applicant and the respondent.

(5) The applicant and the respondent must submit to the court—

(a)in writing; and

(b)no less than 7 days before the date specified for the hearing, or such other time as the court directs,

any reasons why the proceedings should either remain in a youth court or be transferred to the High Court or county court, having regard in particular the matters mentioned in paragraph (3).

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