Explanatory note

These Rules consolidate, with further amendments, the Magistrates' Courts (Children and Young Persons) Rules 1988 as amended by the other instruments mentioned in Schedule 1 (“the 1988 Rules”). Most of the further amendments are related to changes made by the Criminal Justice Act 1991 (c. 53) to the arrangements for dealing with young defendants and offenders, or to provisions in that Act (“the 1991 Act”) concerning children’s evidence. Consistently with section 70 of the 1991 Act (renaming of juvenile courts), references to youth courts throughout replace references to juvenile courts.

In rule 2(1), the definition of “young person” now includes persons aged 17 (1991 Act, section 68); for the purposes of applications for the use of secure accommodation (see rule 13(1)(b), “court” includes a magistrates' court other than a youth court (1991 Act, sections 70 and 60(3)). Rule 2(2) takes account of sections 56 and 57 of the 1991 Act, the effect of which is to apply to local authorities with parental responsibility (under the Children Act 1989 (c. 41)) provisions of the Children and Young Persons Act 1933 (c. 12) relating to attendance of parents at court and their responsibility for financial penalties.

Part II (rules 4 to 12) assimilates procedures for the discharge or variation of supervision and attendance centre orders, and of other community orders (1991 Act, Schedule 2), to those in trials and committal proceedings (the 1988 Rules did not make provision in relation to penal orders other than supervision orders, which were dealt with in Part III).

Part III (rules 13 to 22) makes, for the proceedings mentioned in rule 13(1), provision substantially similar to that which was made for them in Part III of the 1988 Rules.

Part IV (rules 23 and 24) introduces procedures for applications for leave for the giving of evidence by child witnesses through television links and the admission of video recordings of evidence given by them. Sections 54 and 55 of the 1991 Act (amending the Criminal Justice Act 1988 (c. 33)) make such evidence admissible in youth courts.

Part V (rules 24 to 29) reproduces the miscellaneous provisions made in Parts VI and VII of the 1988 Rules.

The forms in Schedule 2 include a number of new ones required in connection with the changes made by the 1991 Act.