Magistrates’ Courts Act 1980

Power to remit person under 17 for trial to juvenile court E+W

29 Power of magistrates’ court to remit a person under 17 for trial to a [F1 youth court] in certain circumstances. E+W

(1) Where—

(a) a person under [F2 the age of 18 years] (“the juvenile”) appears or is brought before a magistrates’ court other than a [F1 youth court] on an information jointly charging him and one or more other persons with an offence; and

(b) that other person, or any of those other persons, has attained that age,

subsection (2) below shall have effect notwithstanding proviso (a) in section 46(1) of the M1 Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates’ court other than a [F1 youth court]).

In the following provisions of this section “the older accused” means such one or more of the accused as have attained [F2 the age of 18 years].

(2) If—

(a) the court proceeds to the summary trial of the information in the case of both or all of the accused, and the older accused or each of the older accused pleads guilty; or

(b) the court—

(i) in the case of the older accused or each of the older accused, [F3 sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ]

(ii) in the case of the juvenile, proceeds to the summary trial of the information,

then, if in either situation the juvenile pleads not guilty, the court may before any evidence is called in his case remit him for trial to a [F1 youth court] acting for the same place as the remitting court or for the place where he habitually resides.

(3) A person remitted to a [F1 youth court] under subsection (2) above shall be brought before and tried by a [F1 youth court] accordingly.

(4) Where a person is so remitted to a [F1 youth court]—

(a) he shall have no right of appeal against the order of remission; and

(b) the remitting court may [F4 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] give such directions as appear to be necessary with respect to his custody or for his release on bail until he can be brought before the [F1 youth court].

(5) The preceding provisions of this secion shall apply in relation to a corporation as if it were an individual who has attained [F2 the age of 18 years].

Textual Amendments

F1 Words in s. 29 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(n); S.I. 1992/333, art. 2(2), Sch. 2

F2 Words in s. 29 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68(d), 101(1), Sch. 8 para. 6(1)(a), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F3 Words in s. 29(2)(b)(i) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 51(5); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3 4)

F4 Words in s. 29(4)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.41; S.I. 1995/721, art. 2, Sch. AppendixA

Marginal Citations

M1 1933 c. 12.