Sentencing Act 2020

Power to adjourn hearing and remand offender

13 (1) This paragraph applies where a youth court or other magistrates’ court holds a hearing in proceedings under this Part of this Schedule.

(2) The court may adjourn the hearing.

(3) Where the court adjourns the hearing under sub-paragraph (2), it may—

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

(b) remand the offender.

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

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

(b) the remand must require the offender to be brought before the court at that time and place.

(5) 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 following persons have had adequate notice of the time and place for the resumed hearing—

(i) the offender,

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

(iii) a member of the specified youth offending team.

(6) 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.

(7) 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.