OpenLegislation

Article 20 Adjournment of proceedings and procedure at hearing.

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

(1)

The court may, at any time, whether before or after the beginning of the hearing, adjourn the hearing, and, when so doing, may either fix the date, time and place at which the hearing is to be resumed or, unless it makes an interim order in respect of the relevant infant in pursuance of section 2(10) or 16(4) of the Act of 1969 or section 21A(4) of the Act of 1980, leave the date, time and place to be determined later by the court; but the hearing shall not be resumed at that date, time and place unless the court is satisfied that the applicant, the respondent, any other party to the proceedings and any person to whom rule 19(1) applies have had adequate notice thereof.

(2)

Subject to the provisions of the Act of 1969, sections 56, 57 and 123 of the Magistrates' Courts Act 1980f1 (non-appearance of parties and defects in process) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the respondent or any other party to the proceedings and to his case.

(3)

Subject to the provisions of the next following paragraph, rules 14 and 16(1) of the Magistrates' Courts Rules 1981 (order of evidence and speeches and form of order) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the respondent and to his case.

(4)

In any case in which there is any party other than the applicant and the respondent, by virtue of an order made under section 32A or 32C of the Act of 1969, the relevant infant shall be entitled to cross-examine witnesses and to address the court after any parent or grandparent, and any parent shall cross-examine witnesses or address the court after any grandparent, except that the court may permit cross-examination or hear the parties in a different order, which it shall state at the beginning of the hearing, if, after hearing any representations of the parties as to the order in which the hearing should proceed, it appears to it that to do so would better serve the interests of justice in the circumstances of the case.

(5)

Where the proceedings are brought under section 1 of the Act of 1969 and it is alleged that the offence condition is satisfied then, in relation to any written statement tendered in evidence under section 9 of the Criminal Justice Act 1967f2to substantiate or refute that allegation, rule 70 of the Magistrates' Courts Rules 1981 shall apply as if any references therein to the prosecutor and to the accused were, respectively, references to the applicant and to the relevant infant.

Annotations

Footnotes

f1

1980 c. 43.

f2

1967 c. 80; section 9 was amended by the Courts Act 1971 (c. 23), Schedule 8, Part II, paragraph 49 and, prospectively, by the Act of 1969, Schedule 5, paragraph 55.