- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
107In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—
9ZA(1)This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in proceedings under this Part of this Schedule.
(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)a member of the youth offending team specified under section 18(1)(a) as responsible for implementing the order.
(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 in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.
(8)The powers of a magistrates' 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 proceedings under this Part of 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.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: