9(1)This paragraph applies to any hearing relating to an offender held by a youth court [F1or other magistrates’ court] in any proceedings under this Schedule.E+W
(2)The court may adjourn the hearing.
(3)Where it adjourns the hearing under sub-paragraph (2), it may—
(a)direct that the offender be released forthwith, 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)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.
(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)the responsible officer.
(6)The powers of a [F2magistrates’ 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 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
F1Words in Sch. 5 para. 9(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(3)(a)
F2Words in Sch. 5 para. 9(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(3)(b)
Commencement Information
I1Sch. 5 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2