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The Magistrates’ Courts (Psychoactive Substances Act 2016) (Transfer of Proceedings) Rules 2016

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EXPLANATORY NOTE

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These Rules make provision for proceedings in youth courts in relation to prohibition orders (applications for orders, applications for variation or discharge of orders, and applications for reimbursement of costs incurred in giving effect to orders which impose an access prohibition) under the Psychoactive Substances Act 2016. Under the 2016 Act, such proceedings are allocated to adult magistrates’ courts where the person against whom the prohibition order is sought or was made is aged 18 or over and to youth courts where that person is aged under 18. That allocation is subject to the possibility, for which these Rules provide, for proceedings to remain in a youth court where the person against whom the prohibition order is sought or was made reaches the age of 18 after the proceedings were begun, if the court considers this appropriate having regard to a range of factors.

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