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The Magistrates' Courts (Children and Young Persons) Rules 1988

S.I. 1988/913 · Made 23 May 1988

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MAGISTRATES' COURTS

Made 23rd May 1988

Laid before Parliament 8th June 1988

Coming into force 1st August 1988

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980f1, after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1980 c. 43; section 144 was extended by section 145 of that Act; by sections 18(2)(b), 32B (inserted by the Children Act 1975 (c. 72), section 64) and 32C (inserted by the Children and Young Persons (Amendment) Act 1986 (c. 28), section 3) of the Children and Young Persons Act 1969 (c. 54); by sections 7 and 12F of the Child Care Act 1980 (c. 5), the latter section inserted by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 1, paragraph 1; and by the Children and Young Persons (Amendment) Act 1986, section 4.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement.
  3. 2Interpretation.
  4. 3Revocations and savings etc.
  5. Part II: JUVENILE OFFENDERS
  6. 4Application of Part II.
  7. 5Assistance in conducting defence.
  8. 6Duty of court to explain charge in simple language.
  9. 7Duty of court to take plea of child or young person.
  10. 8Evidence in support of charge and cross-examination.
  11. 9Evidence for defence.
  12. 10Procedure after finding of guilt.
  13. 11Duty of court to explain manner in which it proposes to deal with case and effect of order.
  14. 12Notice to be given where remand is extended in absence of child or young person.
  15. Part III: CARE PROCEEDINGS AND PROCEEDINGS RELATING TO CARE OR SUPERVISION ORDERS
  16. 13Application and interpretation of Part III.
  17. 14Notice by person proposing to bring care etc. proceedings.
  18. 15Notice to parent or guardian of party status.
  19. 16Appointment and duties of guardianad litem.
  20. 17Applications by grandparents to be parties to proceedings.
  21. 18Rights of parents and guardians.
  22. 19Rights of other persons.
  23. 20Adjournment of proceedings and procedure at hearing.
  24. 21Duty of court to explain nature of proceedings; evidence and order of speeches.
  25. 22Conduct of case on behalf of relevant infant.
  26. 23Power of court to hear evidence in absence of relevant infant and to require parent or guardian to withdraw.
  27. 24Duty of court to explain procedure to relevant infant at end of applicant’s case.
  28. 25Consideration of reports.
  29. 26Consideration of reports: secure accommodation proceedings.
  30. 27Duty of court to explain manner in which it proposes to deal with case and effect of order.
  31. 28Leave of court for withdrawal of discharge applications.
  32. Part IV: PROCEEDINGS IN RELATION TO ACCESS TO CHILDREN IN CARE AND RESOLUTIONS CONCERNING PARENTAL RIGHTS AND DUTIES
  33. 29Application and interpretation of Part IV.
  34. 30Notice of complaint.
  35. 31Appointment and duties of guardianad litem.
  36. 32Evidence of guardianad litem.
  37. 33Rights of persons other than parties.
  38. 34Evidence and procedure generally.
  39. 35Power of the court to hear evidence in absence of child, etc.
  40. Part V: PROCEEDINGS UNDER SECTION 3 OF THE CHILDREN ANDYOUNG PERSONS ACT 1963
  41. 36Notice of complaint and restrictions on adjudicating justice.
  42. Part VI: REGISTER
  43. 37Register of proceedings in juvenile court.
  44. Part VII: MISCELLANEOUS
  45. 38Service of contribution orders etc.
  46. 39Notice of order made under section 49 of the Child Care Act 1980.
  47. 40Issue of summons or warrant to enforce attendance of parent or guardian.
  48. 41Payment of money by person subject to attendance centre order.
  49. 42Form of warrant where young person is committed to remand centre or prison.
  50. 43Forms.
  51. Signature
  52. Schedule 1REVOCATIONS
  53. Schedule 2: FORMS
  54. TABLE OF CONTENTS
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. 6Paragraph 6
  61. 7Paragraph 7
  62. 8Paragraph 8
  63. 9Paragraph 9
  64. 10Paragraph 10
  65. 11Paragraph 11
  66. 12Paragraph 12
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  68. 14Paragraph 14
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  135. 81Paragraph 81
  136. Explanatory note