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Part IIIU.K. Protection of Children and Young Persons in relation to Criminal and Summary Proceedings

Modifications etc. (not altering text)

Youth CourtsU.K.

[F145 Constitution of Youth courts.E+W

(1)Magistrates' courts—

(a)constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

(b)sitting for the purpose of—

(i)hearing any charge against a child or young person, or

(ii)exercising any other jurisdiction conferred on youth courts by or under this or any other Act,

are to be known as youth courts.

(2)A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.

(3)He has an authorisation extending to the proceedings only if he has been authorised by the [F2Lord Chief Justice, with the concurrence of the Lord Chancellor,] to sit as a member of a youth court to deal with—

(a)proceedings of that description, or

(b)all proceedings dealt with by youth courts.

(4)The [F3Lord Chief Justice may, with the concurrence of the Lord Chancellor,] by rules make provision about—

(a)the grant and revocation of authorisations,

(b)the appointment of chairmen of youth courts, and

(c)the composition of youth courts.

(5)Rules under subsection (4) may confer powers on the Lord Chancellor [F4or Lord Chief Justice] with respect to any of the matters specified in the rules.

(6)Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.

(7)Rules under subsection (4) are to be made by statutory instrument.

(8)A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

[F5(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or his powers under rules under subsection (4).]]

Textual Amendments

Modifications etc. (not altering text)

46 Assignment of certain matters to [F6youth 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 [F6youth courts] ,shall be heard by a [F7magistrates' court] which is not a [F6youth court]:

Provided that—

(a)a charge made jointly against a child or young person and a person who has attained [F8the age of eighteen] years shall be heard by a [F7magistrates' court] other than a [F6youth court]; and

(b)where a child or young person is charged with an offence, the charge may be heard by a [F7magistrates' court] which is not a [F6youth court] if a person who has attained [F8the 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 [F7magistrates' court] other than a [F6youth 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.

[F9(1A)If a notification that the accused desires to plead guilty without appearing before the court is received by the [F10designated officer for] a court in pursuance of [F11section 12 of the M1Magistrates’ 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 [F8 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 [F6youth 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F7Words in s. 46(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 74(2); S.I. 2005/910, art. 3(bb)

F10Words in s. 46(1A) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 74(3); S.I. 2005/910, art. 3(bb)

Modifications etc. (not altering text)

Marginal Citations

47 Procedure in [F13youth courts].E+W

(1)[F13Youth 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)F14. . . No person shall be present at any sitting of a [F13youth court] except—

(a)members and officers of the court;

(b)parties to the case before the court, their [F15legal representatives], 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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F14Words 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).

F15Words in s. 47(2)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 18 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Modifications etc. (not altering text)

C5S. 47(2) modified (31.8.2009 for specified purposes, 1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 11(7), 66(2); S.I. 2009/1840, art. 3(c); S.I. 2010/469, arts. 3(c), 4, Sch.; S.I. 2010/2541, arts. 3(c), 4, Sch.

48 Miscellaneous provisions as to powers of [F18youth courts].E+W

(1)A [F18youth court] sitting for the purpose of hearing a charge against, . . . F19, 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 . . . F19 notwithstanding that it is discovered that the person in question is not a child or young person.

F20[(2)The attainment of [F21the age of eighteen] years by . . . F22 a person in whose case an order for conditional discharge has been made, shall not deprive a [F18youth court] of jurisdiction to enforce his attendance and deal with him in respect of . . . F22 the commission of a further offence . . . F22.

(3)When a [F18youth court] has remanded a child or young person for information to be obtained with respect to him, any [F18youth court]acting [F23in the same local justice area]—

(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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 a [F18youth 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.

F26(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F23Words in s. 48(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 75; S.I. 2005/910, art. 3(bb)

[F2849 Restrictions on reports of proceedings in which children or young persons are concerned.U.K.

[F29(1)No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone 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);

[F30(c)proceedings in a magistrates' court under [F31Schedule 7 to the Sentencing Code] (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).]

[F32(3)In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.

(3A)The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a)his name,

(b)his address,

(c)the identity of any school or other educational establishment attended by him,

(d)the identity of any place of work, and

(e)any still or moving picture of him.]

(4)For the purposes of this section a child or young person is “concerned” in any proceedings [F33if he is—

(a)a person against or in respect of whom the proceedings are taken, or

(b)a person called, or proposed to be called, to give evidence in the proceedings.]

[F34(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 [F35restrictions imposed by subsection (1) above] 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 [F36section 394(1)(d) or (e) of the Sentencing Code]; or

[F37(e)where a detention and training order is made, the enforcement of any requirements imposed under [F38section 242(4)(b) of the Sentencing Code].]

(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, F39...

[F40(ba)a terrorism offence, F41...]

[F42(bb)an offence under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, 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 [F43(4A) or] (5) above may be exercised by a single justice.

[F44(9)If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a)where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b)where the publication is a relevant programme—

(i)any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii)any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)in the case of any other publication, any person publishing it.

(9A)Where a person is charged with an offence under subsection (9) above it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question.

(9B)If an offence under subsection (9) above committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of, or

(b)to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(9C)In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(9D)If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body.

(9E)Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.]

(10)In any proceedings under [F45[F46Schedule 7 to the Sentencing Code] (proceedings for breach, revocation or amendment of youth rehabilitation 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—

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

E1For extent and application see s. 49(12)-(14)

Textual Amendments

F28S. 49 substituted (3.2.1995) by 1994 c. 33, s. 49; S.I. 1995/127, art. 2(1), Sch. 1

F31Words in s. 49(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F34S. 49(4A)(4B) inserted (1.10.1997) by 1997 c. 43, s. 45(1)(2); S.I. 1997/2200, art. 2(1)(i)

F36Words in s. 49(4A)(d) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F37S. 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)

F38Words in s. 49(4A)(e) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F39Word in s. 49(6)(b) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 1(a)(i) (with s. 25(3)(4))

F46Words in s. 49(10) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F47Words in s. 49(11) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 19, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(i) (with art. 9)

F49S. 49(11): words in definition of "sexual offence" substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 2(3)(a); S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(3) (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F50Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F52Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F53Words in s. 49(11) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 2(3)(b); S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(3) (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F54Words in s. 49(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 2(5)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C6S. 49 excluded (31.8.2009 for specified purposes, 1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 11(8)(a), 66(2); S.I. 2009/1840, art. 3(c); S.I. 2010/469, arts. 3(c), 4, Sch.; S.I. 2010/2541, arts. 3(c), 4, Sch.

C7S. 49 excluded (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 7(9)(a), 66(2); S.I. 2010/469, arts. 2(b), 4, Sch.; S.I. 2010/2541, arts. 2(b), 4, Sch.

C11S. 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)