# The Criminal Procedure Rules 2025, Rule 24.1: When this Part applies

Extent: E+W

(1) This Part applies in a magistrates’ court where the court tries a case or the defendant pleads guilty.
(2) Where the defendant is under 18, in this Part—
(a) a reference to convicting the defendant includes a reference to finding the defendant guilty of an offence; and
(b) a reference to sentence includes a reference to an order made on a finding of guilt.
[Note. A magistrates’ court’s powers to try an allegation of an offence are contained in section 2 of the Magistrates’ Courts Act 1980. In relation to a defendant under 18, they are contained in sections 45, 46 and 48 of the Children and Young Persons Act 1933.
See also section 18 of the Children and Young Persons Act 1963, section 47 of the Crime and Disorder Act 1998 and section 27 of the Sentencing Act 2020.
The exercise of the court’s powers is affected by—
(a) the classification of the offence (and the general rule, subject to exceptions, is that a magistrates’ court must try—
(i) an offence classified as one that can be tried only in a magistrates’ court (in other legislation, described as triable only summarily), and
(ii) an offence classified as one that can be tried either in a magistrates’ court or in the Crown Court (in other legislation, described as triable either way) that has been allocated for trial in a magistrates’ court); and
(b) the defendant’s age (and the general rule, subject to exceptions, is that an allegation of an offence against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court, irrespective of the classification of the offence and without allocation for trial there).
Under sections 10, 14, 27A, 121 and 148 of the Magistrates’ Courts Act 1980 and the Justices of the Peace Rules 2016, the court—
(a) must comprise at least two but not more than three justices, or a District Judge (Magistrates’ Courts) (but a single member can adjourn the hearing);
(b) must not include any member who adjudicated at a hearing to which rule 44.2 applies (defendant’s declaration of no knowledge of hearing);
(c) when reaching a verdict, must not include any member who was absent from any part of the hearing;
(d) when passing sentence, need not include any of the members who reached the verdict (but may do so).
Under section 16A of the Magistrates’ Courts Act 1980, the court may comprise a single justice where—
(a) the offence charged is a summary offence not punishable with imprisonment;
(b) the defendant was at least 18 years old when charged or is a corporation;
(c) the court is satisfied that specified documents giving notice of the procedure under that section and containing other specified information have been served on the defendant; and
(d) the defendant has not served notice of an intention to plead not guilty, or of a desire not to be tried in accordance with that section.
Under section 45 of the Children and Young Persons Act 1933 and under the Justices of the Peace Rules 2016, where the court is a youth court comprising justices each member must be authorised to sit as a member of that youth court.
Under section 150 of the Magistrates’ Courts Act 1980, where two or more justices are present one may act on behalf of all.
Section 59 of the Children and Young Persons Act 1933 requires that—
(a) the expressions ‘conviction’ and ‘sentence’ must not be used by a magistrates’ court dealing with a defendant under 18; and
(b) a reference in legislation to a defendant who is convicted, to a conviction, or to a sentence, must be read as including a reference to a defendant who is found guilty of an offence, a finding of guilt, or an order made on a finding of guilt, respectively.
Under section 14 of the Magistrates’ Courts Act 1980, proceedings which begin with a summons or requisition will become void if the defendant, at any time during or after the trial, makes a statutory declaration that he or she did not know of them until a date after the trial began. See rule 44.2.
Under section 142 of the Magistrates’ Courts Act 1980—
(a) where a defendant is convicted by a magistrates’ court, the court may order that the case should be heard again by different justices; and
(b) the court may vary or rescind an order which it has made when dealing with a convicted defendant,
if in either case it appears to the court to be in the interests of justice to do so. See rule 44.3.
See also Part 32 (Breach, revocation and amendment of community and other orders). Rule 32.4 (Procedure on application by responsible officer) applies rules in this Part to the procedure with which that rule deals.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/24.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-24.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.