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Section 48 Miscellaneous provisions as to powers of youth courts.F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A youth court sitting for the purpose of hearing a charge against, . . . F2, 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 . . . notwithstanding that it is discovered that the person in question is not a child or young person.

F3[(2

The attainment of F4the age of eighteen years by . . . F5 a person in whose case an order for conditional discharge has been made, shall not deprive a youth court of jurisdiction to enforce his attendance and deal with him in respect of . . . the commission of a further offence . . . .

(3)

When a youth court has remanded a child or young person for information to be obtained with respect to him, any youth courtacting F6in 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 a youth courtmay 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.

F9(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Annotations

Textual amendments

F1

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.

F2

Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F3

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

F4

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

F5

Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F6

Words 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)

F7

Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt.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

F8

Words repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

F9

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)

F10

S. 48(6) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt.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

Notes on Part III

Modifications

C1

Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)