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Article 36 Inclusion in list of approved youth court chairmen

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

(1)

In this rule “approving Committee” means the committee maintaining the list of approved youth court chairmen in accordance with rule 32.

(2)

Subject to paragraphs (4) and (5), a youth justice may only be included in the list of approved youth court chairmen if—

(a)

he is on the list of approved court chairmen;

(b)

he has been a youth justice for at least two years;

(c)

he has been appraised as competent to sit in the youth court within the three years preceding the date when the approving Committee considers the suitability of the justice for inclusion in the list of approved youth court chairmen;

(d)

he has completed a chairmanship training course in accordance with rule 31(f);

(e)

he has met the appraisal requirement set out in paragraph (3) while presiding in a youth court; and

(f)

the approving Committee has decided to add the youth justice concerned to the list of approved youth court chairmen.

(3)

The appraisal requirement is that the youth justice has been appraised on a minimum of one and a maximum of three separate occasions while presiding in a youth court in accordance with rule 11(2) of the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007.

(4)

The approving Committee may include a youth justice in the list of approved youth court chairman without complying with the conditions set out in paragraphs (2) and (3) above if—

(a)

the youth justice is or was assigned to a local justice area for which another approving Committee maintained a list and is now assigned to a local justice area for which the approving Committee maintains a list; and

(b)

immediately before he was assigned to the new local justice area he was included in the list of approved youth court chairmen maintained by the other approving Committee.

(5)

The approving Committee must include a youth justice assigned to its local justice area in the list of approved youth court chairmen if the youth justice was eligible to act as a court chairman in a youth court on 12th July 2007.