Children and Young Persons Act 1933

Youth Courts U.K.

45 Constitution of [F1 youth courts]. E+W

F2 [(1)] Courts of summary jurisdiction constituted in accordance with the provisions of the Second Schedule of this Act and sitting for the purpose of hearing any charge against a child or young person or for the purpose of exercising any other jurisdiction conferred on [F1 youth courts]by or under this or any other Act, shall be known as [F1 youth courts]and in whatever place sitting shall be deemed to be petty sessional courts.

[F3 (2) The justices’ chief executive appointed by a magistrates’ courts committee is the justices’ chief executive for every youth court for their area.]

Textual Amendments

F1 Words in s. 45 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

F2 S. 45 renumbered as s. 45(1) (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 paras. 8, 10 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F3 S. 45(2) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 paras. 8, 10 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C1 S. 45 modified (26.1.2004) by Courts Act 2003 (c. 39), ss. 66(3), 110; S.I. 2003/3345, art. 2(a)(iv)

46 Assignment of certain matters to [F4 youth courts]. E+W

(1) Subject as hereinafter provided, no charge against a child or young person, and no application whereof the hearing is by rules made under this section assigned to [F4 youth courts] ,shall be heard by a court of summary jurisdiction which is not a [F4 youth court]:

Provided that—

(a) a charge made jointly against a child or young person and a person who has attained [F5 the age of eighteen] years shall be heard by a court of summary jurisdiction other than a [F4 youth court]; and

(b) where a child or young person is charged with an offence, the charge may be heard by a court of summary jurisdiction which is not a [F4 youth court] if a person who has attained [F5 the age of eighteen] years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and

(c) where, in the course of any proceedings before any court of summary jurisdiction other than a [F4 youth court], it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.

[F6 (1A) If a notification that the accused desires to plead guilty without appearing before the court is received by the [F7 justices’ chief executive for] a court in pursuance of [F8 section 12 of the M1 Magistrates’ Courts Act 1980] and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained [F5 the age of eighteen] for the purposes of subsection (1) of this section in its application to the proceedings in question.]

(2) No direction, whether contained in this or any other Act, that a charge shall be brought before a [F4 youth court]shall be construed as restricting the powers of any justice or justices to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F4 Words in s. 46 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.

F5 Words in s. 46(1)(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 1(2), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2.

F6 S. 46(1A) inserted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 4

F7 Words in s. 46(1A) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 paras. 8, 11(a) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 7 para 6

F9 S. 46(3) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. II

Modifications etc. (not altering text)

C2 S. 46(1) excluded by Children and Young Persons Act 1963 (c. 37), s. 18, Criminal Law Act 1977 (c. 45), s. 34(1) and Magistrates' Courts Act 1980 (c. 43), ss. 29(1), 155(7)

Marginal Citations

M1 1980 c. 43.

47 Procedure in [F10 youth courts]. E+W

(1) [F10 Youth courts] shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other Act.

(2) F11 . . . No person shall be present at any sitting of a [F10 youth court] except—

(a) members and officers of the court;

(b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case;

(c) bonâ fide representatives of newspapers or news agencies;

(d) such other persons as the court may specially authorise to be present:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F10 Words in s. 47 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

F11 Words in s. 47(2) repealed (30.9.1998) by 1998 c. 37, ss. 47(7), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(k)(3)(g).

F12 S. 47(2) proviso repealed by Justices of Peace Act 1949 (c. 101), Sch. 7 Pt. III

F13 S. 47(3) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. II

Modifications etc. (not altering text)

C3 S. 47(2) restricted by Adoption Act 1958 (7 & 8 Eliz. 2 c. 5), s. 47; restricted by Adoption Act 1976 (c. 36), s. 37(4)

48 Miscellaneous provisions as to powers of [F14 youth courts]. E+W

(1) A [F14 youth court] sitting for the purpose of hearing a charge against, . . . F15 , a person who is believed to be a child or young person may, if it thinks fit to do so, proceed with the hearing and determination of the charge . . . F15 notwithstanding that it is discovered that the person in question is not a child or young person.

F16 [(2) The attainment of [F17 the age of eighteen] years by . . . F18 a person in whose case an order for conditional discharge has been made, shall not deprive a [F14 youth court] of jurisdiction to enforce his attendance and deal with him in respect of . . . F18 the commission of a further offence . . . F18 .

(3) When a [F14 youth court] has remanded a child or young person for information to be obtained with respect to him, any [F14 youth court]acting for the same [F19 petty sessions area] or place—

(a) may in his absence extend the period for which he is remanded, so, however, that he appears before a court or a justice of the peace at least once in every twenty-one days;

(b) when the required information has been obtained, may deal with him finally;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 a [F14 youth court]may sit on any day for the purpose of hearing and determining a charge against a child or young person in respect of an indictable offence.

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F14 Words in s. 48 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.

F15 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F16 S. 48(2) substituted by Criminal Justice Act 1948 (c. 58), Sch. 9

F17 Words in s. 48(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 1(2), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F18 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F19 Words in s. 48(3) substituted (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 paras. 14, 15 (with Sch. 14 para. 7(2))

F20 Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

F21 Words repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

F22 S. 48(5) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

F23 S. 48(6) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. III

[F24 49 Restrictions on reports of proceedings in which children or young persons are concerned. U.K.

(1) The following prohibitions apply (subject to subsection (5) below) in relation to any proceedings to which this section applies, that is to say—

(a) no report shall be published which reveals the name, address or school of any child or young person concerned in the proceedings or includes any particulars likely to lead to the identification of any child or young person concerned in the proceedings; and

(b) no picture shall be published or included in a programme service as being or including a picture of any child or young person concerned in the proceedings.

(2) The proceedings to which this section applies are—

(a) proceedings in a youth court;

(b) proceedings on appeal from a youth court (including proceedings by way of case stated);

(c) proceedings under [F25 Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000] (proceedings for varying or revoking supervision orders); and

(d) proceedings on appeal from a magistrates’ court arising out of proceedings under [F26 Schedule 7 to that Act](including proceedings by way of case stated).

(3) The reports to which this section applies are reports in a newspaper and reports included in a programme service; and similarly as respects pictures.

(4) For the purposes of this section a child or young person is “concerned” in any proceedings whether as being the person against or in respect of whom the proceedings are taken or as being a witness in the proceedings.

[F27 (4A) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the requirements of this section in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—

(a) the prosecution or conviction of the offender for the offence;

(b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under [F28 section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000]; or

[F29 (e) where a detention and training order is made, the enforcement of any requirements imposed under [F30 section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000].]

(4B) A court shall not exercise its power under subsection (4A) above without—

(a) affording the parties to the proceedings an opportunity to make representations; and

(b) taking into account any representations which are duly made.]

(5) Subject to subsection (7) below, a court may, in relation to proceedings before it to which this section applies, by order dispense to any specified extent with the requirements of this section in relation to a child or young person who is concerned in the proceedings if it is satisfied—

(a) that it is appropriate to do so for the purpose of avoiding injustice to the child or young person; or

(b) that, as respects a child or young person to whom this paragraph applies who is unlawfully at large, it is necessary to dispense with those requirements for the purpose of apprehending him and bringing him before a court or returning him to the place in which he was in custody.

(6) Paragraph (b) of subsection (5) above applies to any child or young person who is charged with or has been convicted of—

(a) a violent offence,

(b) a sexual offence, or

(c) an offence punishable in the case of a person aged 21 or over with imprisonment for fourteen years or more.

(7) The court shall not exercise its power under subsection (5)(b) above—

(a) except in pursuance of an application by or on behalf of the Director of Public Prosecutions; and

(b) unless notice of the application has been given by the Director of Public Prosecutions to any legal representative of the child or young person.

(8) The court’s power under subsection (5) above may be exercised by a single justice.

(9) If a report or picture is published or included in a programme service in contravention of subsection (1) above, the following persons, that is to say—

(a) in the case of publication of a written report or a picture as part of a newspaper, any proprietor, editor or publisher of the newspaper;

(b) in the case of the inclusion of a report or picture in a programme service, any body corporate which provides the service and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) In any proceedings under [F31 Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000] (proceedings for varying or revoking supervision orders) before a magistrates’ court other than a youth court or on appeal from such a court it shall be the duty of the magistrates’ court or the appellate court to announce in the course of the proceedings that this section applies to the proceedings; and if the court fails to do so this section shall not apply to the proceedings.

(11) In this section—

• “legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the M2 Courts and Legal Services Act 1990;

• “programme” and “programme service” have the same meaning as in the M3 Broadcasting Act 1990;

• “sexual offence” has the same meaning as in [F32 the Powers of Criminal Courts (Sentencing) Act 2000];

• “specified” means specified in an order under this section;

• “violent offence” has the same meaning as in [F32 the Powers of Criminal Courts (Sentencing) Act 2000];

and a person who, having been granted bail, is liable to arrest (whether with or without a warrant) shall be treated as unlawfully at large.]

Extent Information

E1 For extent and application see s. 49(12)-(14)

Textual Amendments

F24 S. 49 substituted (3.2.1995) by 1994 c. 33, s. 49; S.I. 1995/127, art. 2(1), Sch. 1

F25 Words in s. 49(2)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(2)(a)

F26 Words in s. 49(2)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(2)(b)

F27 S. 49(4A)(4B) inserted (1.10.1997) by 1997 c. 43, s. 45(1)(2); S.I. 1997/2200, art. 2(1)(i)

F28 Words in s. 49(4A)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(3)(a)

F29 S. 49(4A)(e) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 1; S.I. 1999/3426, art. 3(b) (with art. 4)

F30 Words in s. 49(4A)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(3)(b)

F31 Words in s. 49(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(4)

F32 S. 49(11): Words in the definitions of “sexual offence” and “violent offence” substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 2(5)

Modifications etc. (not altering text)

C4 S. 49 excluded (20.1.2004 for certain purposes and otherwise 31.3.2004) by 1998 c. 37, s. 1C(9C) (as inserted by Anti-Social Behaviour Act 2003 (c. 38), ss. 86(3), 93); S.I. 2003/3300, art. 2(f)(ii)); S.I. 2004/690, art. 2(b)(iii)

Marginal Citations

M2 1990 c. 41.

M3 1990 c. 42.