{
  "url": "https://openlegislation.uk/magistrates-courts-children-and-young-persons-rules-1988/article-21",
  "json_url": "https://openlegislation.uk/magistrates-courts-children-and-young-persons-rules-1988/article-21.json",
  "legislation": "uksi/1988/913",
  "legislation_title": "The Magistrates' Courts (Children and Young Persons) Rules 1988",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-children-and-young-persons-rules-1988",
  "path": "article/21",
  "kind": "article",
  "number": "21",
  "heading": "Duty of court to explain nature of proceedings; evidence and order of speeches.",
  "text": "(1) Except where the relevant infant is the applicant or where, by virtue of any enactment, the court may proceed in his absence, before proceeding with the hearing the court shall inform him of the general nature both of the proceedings and of the grounds on which they are brought, in terms suitable to his age and understanding, or if by reason of his age and understanding or his absence it is impracticable so to do, shall so inform any parent or guardian of his present at the hearing.\n(2) Where the proceedings are brought under section 1 of the Act of 1969 and it is alleged that the offence condition is satisfied, then, unless the case falls to be remitted to another court in pursuance of section 2(11) of the Act of 1969 and it does not appear to the court appropriate to determine under section 3(5) of that Act whether the offence condition is satisfied before remitting the case—\n(a) the court shall explain to the relevant infant the substance of the alleged offence in simple language suitable to his age and understanding and ask him whether or not he admits to being guilty of that offence and, before considering any other matter relevant to the proceedings, shall consider and determine whether or not the offence condition is satisfied;\n(b) in relation to the proceedings by way of such consideration rules 8 and 9 shall apply subject to any necessary modifications and, in particular, as if any reference therein to the charge were a reference to the allegation;\n(c) in relation to proceedings by way of such consideration rules 20(2), 23(2) and 24 of these Rules shall not apply but rule 13 of the Magistrates' Courts Rules 1981 (order of evidence and speeches) shall apply to the proceedings as if they were criminal proceedings to which that rule applies and as if any references therein to the accused, to the defence, to the prosecutor and to the prosecution were, respectively, references to the relevant infant, to his case, to the applicant and to his case, and\n(d) on determining whether or not the offence condition is satisfied, the court shall inform the relevant infant of their finding.\n(3) Where a guardianad litem has been appointed, he shall be given an opportunity, if he is able to give evidence relevant to the applicant’s case (whether or not he has already been called as a witness), to give such evidence at the conclusion of the evidence for the applicant and respondent, but before any evidence or representations are heard in accordance with rule 18 or 19 of these Rules.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "uksi/1991/1991",
      "affecting_title": "The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/913/article/21",
    "retrieved_at": "2026-10-29T16:06:18.954433+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}