PART 37TRIAL AND SENTENCE IN A MAGISTRATES’ COURT
General rules37.2
1
Where this Part applies—
a
the general rule is that the hearing must be in public; but
b
the court may exercise any power it has to—
i
impose reporting restrictions,
ii
withhold information from the public, or
iii
order a hearing in private; and
c
unless the court otherwise directs, only the following may attend a hearing in a youth court—
i
the parties and their legal representatives,
ii
a defendant’s parents, guardian or other supporting adult,
iii
a witness,
iv
anyone else directly concerned in the case, and
v
a representative of a news-gathering or reporting organisation.
2
Unless already done, the justices’ legal adviser or the court must—
a
read the allegation of the offence to the defendant;
b
explain, in terms the defendant can understand (with help, if necessary)—
i
the allegation, and
ii
what the procedure at the hearing will be;
c
ask whether the defendant has been advised about the potential effect on sentence of a guilty plea;
d
ask whether the defendant pleads guilty or not guilty; and
e
take the defendant’s plea.
3
The court may adjourn the hearing—
a
at any stage, to the same or to another magistrates’ court; or
b
to a youth court, where the court is not itself a youth court and the defendant is under 18.
[Note. See sections 10, 27A, 29 and 121 of the Magistrates’ Courts Act 1980309 and sections 46 and 47 of the Children and Young Persons Act 1933.
Where the case has been allocated for trial in a magistrates’ court, part of the procedure under rule 37.2(2) will have taken place.
The court’s powers to impose reporting restrictions include those under—
- a
section 39 of the Children and Young Persons Act 1933310 (identification of any defendant or witness under 18);
- b
section 4(2) of the Contempt of Court Act 1981311 (information that may prejudice the administration of justice);
- c
section 11 of the 1981 Act (information about a matter withheld from the public); and
- d
section 46 of the Youth Justice and Criminal Evidence Act 1999312 (identification of an adult witness).
- a
Reporting restrictions that apply in all cases include those under—
- a
section 49 of the Children and Young Persons Act 1933313 (identification of any defendant or witness under 18 involved in proceedings in a youth court);
- b
section 1 of the Sexual Offences (Amendment) Act 1992314 (identification of the complainant of a sexual offence); and
- c
section 47 of the Youth Justice and Criminal Evidence Act 1999315 (special measures direction or application for such a direction).
- a
Under section 34A of the Children and Young Persons Act 1933316, the court—
- a
may require the defendant’s parents or guardian to attend court with the defendant, where the defendant is under 18; and
- b
must do so, where the defendant is under 16,
unless satisfied that that would be unreasonable.
- a
Part 7 contains rules about (among other things) the issue of a summons to a parent or guardian.
Part 2 contains rules allowing a parent, guardian or other supporting adult to help a defendant under 18.]