The Magistrates' Courts (Children and Young Persons) Rules 1992

PART II PROCEEDINGS IN CRIMINAL MATTERS

Application of Part II

4.—(1) This Part applies, subject to paragraph (3), where proceedings to which paragraph (2) applies are brought in a court in respect of a child or young person (“the relevant minor”).

(2) This paragraph applies to proceedings in which the relevant minor is charged with an offence, and, where he appears or is brought before the court, to proceedings under—

(a) section 15 of the Act of 1969(1)(variation and discharge of supervision orders),

(b) Part II, III or IV of Schedule 2 to the Criminal Justice Act 1991 (breaches of requirements of, and revocation and amendment of, probation orders, community service orders, combination orders and curfew orders), or

(c) section 18 of the Criminal Justice Act 1982(2)(discharge and variation of attendance centre orders).

(3) Where the court is inquiring into an offence as examining justices, only rules 5, 6 and 8(3) apply, and where the proceedings are of a kind mentioned in paragraph (2)(a), (b) or (c) rules 7 and 12 do not apply.

Assistance in conducting case

5.—(1) Except where the relevant minor is legally represented, the court shall allow his parent or guardian to assist him in conducting his case.

(2) Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this Part.

Duty of court to explain nature of proceedings etc.

6.—(1) The court shall explain to the relevant minor the nature of the proceedings and, where he is charged with an offence, the substance of the charge.

(2) The explanation shall be given in simple language suitable to his age and understanding.

Duty of court to take plea to charge

7.  Where the relevant minor is charged with an offence the court shall, after giving the explanation required by rule 6, ask him whether he pleads guilty or not guilty to the charge.

Evidence in support of charge or application

8.—(1) Where—

(a) the relevant minor is charged with an offence and does not plead guilty, or

(b) the proceedings are of a kind mentioned in rule 4(2)(a), (b) or (c),

the court shall hear the witnesses in support of the charge or, as the case may be, the application.

(2) Except where—

(a) the proceedings are of a kind mentioned in rule 4(2)(a), (b) or (c), and

(b) the relevant minor is the applicant,

each witness may at the close of his evidence-in-chief be cross-examined by or on behalf of the relevant minor.

(3) If in any case where the relevant minor is not legally represented or assisted as provided by rule 5, the relevant minor, instead of asking questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the relevant minor and may for this purpose question the relevant minor in order to bring out or clear up any point arising out of any such assertions.

Evidence in reply

9.  If it appears to the court after hearing the evidence in support of the charge or application that a prima facie case is made out, the relevant minor shall, if he is not the applicant and is not legally represented, be told that he may give evidence or address the court, and the evidence of any witnesses shall be heard.

Procedure after finding against minor

10.—(1) This rule applies where—

(a) the relevant minor is found guilty of an offence, whether after a plea of guilty or otherwise, or

(b) in proceedings of a kind mentioned in rule 4(2)(a), (b) or (c) the court is satisfied that the case for the applicant—

(i) if the relevant minor is not the applicant, has been made out, or

(ii) if he is the applicant, has not been made out.

(2) Where this rule applies—

(a) the relevant minor and his parent or guardian, if present, shall be given an opportunity of making a statement,

(b) the court shall take into consideration all available information as to the general conduct, home surroundings, school record and medical history of the relevant minor and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Act of 1969,

(c) if such information as aforesaid is not fully available, the court shall consider the desirability of adjourning the proceedings for such inquiry as may be necessary,

(d) any written report of a probation officer, local authority, local education authority, educational establishment or registered medical practitioner may be received and considered by the court without being read aloud, and

(e) if the court considers it necessary in the interests of the relevant minor, it may require him or his parent or guardian, if present, to withdraw from the court.

(3) The court shall arrange for copies of any written report before the court to be made available to—

(a) the legal representative, if any, of the relevant minor,

(b) any parent or guardian of the relevant minor who is present at the hearing, and

(c) the relevant minor, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to his age and understanding or undesirable to do so having regard to potential serious harm which might thereby be suffered by him.

(4) In any case in which the relevant minor is not legally represented and where a report which has not been made available to him in accordance with a direction under paragraph (3)(c) has been considered without being read aloud in pursuance of paragraph (2)(d) or where he or his parent or guardian has been required to withdraw from the court in pursuance of paragraph (2)(e), then—

(a) the relevant minor shall be told the substance of any part of the information given to the court bearing on his character or conduct which the court considers to be material to the manner in which the case should be dealt with unless it appears to it impracticable so to do having regard to his age and understanding, and

(b) the parent or guardian of the relevant minor, if present, shall be told the substance of any part of such information which the court considers to be material as aforesaid and which has reference to his character or conduct or to the character, conduct, home surroundings or health of the relevant minor, and if such a person, having been told the substance of any part of such information, desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof and shall, if necessary in the case of a report, require the attendance at the adjourned hearing of the person who made the report.

Duty of court to explain manner in which it proposes to deal with case and effect of order

11.—(1) Before finally disposing of the case or before remitting the case to another court in pursuance of section 56 of the Act of 1933, the court shall inform the relevant minor and his parent or guardian, if present, or any person assisting him in his case, of the manner in which it proposes to deal with the case and allow any of those persons so informed to make representations; but the relevant minor shall not be informed as aforesaid if the court considers it undesirable so to do.

(2) On making any order, the court shall explain to the relevant minor the general nature and effect of the order unless, in the case of an order requiring his parent or guardian to enter into a recognizance, it appears to it undesirable so to do.

Notice to be given where remand is extended in absence of child or young person

12.  Where a child or young person has been remanded, and the period of remand is extended in his absence in accordance with section 48 of the Act of 1933, notice shall be given to him and his sureties (if any) of the date at which he will be required to appear before the court.

(1)

Section 15 was substituted by the Criminal Justice Act 1991 (c. 53), section 66 and Schedule 7.

(2)

1982 c. 48; section 18 was amended by the Criminal Justice Act 1991, section 67(2), (3).