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Magistrates’ Courts Act 1980

Changes over time for: Cross Heading: Power to remit person under 17 for trial to juvenile court

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Version Superseded: 10/04/1995

Status:

Point in time view as at 01/10/1992.

Changes to legislation:

Magistrates’ Courts Act 1980, Cross Heading: Power to remit person under 17 for trial to juvenile court is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Power to remit person under 17 for trial to juvenile courtE+W

29 Power of magistrates’ court to remit a person under 17 for trial to a [F1youth court] in certain circumstances.E+W

(1)Where—

(a)a person under [F2the age of 18 years] (“the juvenile") appears or is brought before a magistrates’ court other than a [F1youth 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 M1Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates’ court other than a [F1youth court]).

In the following provisions of this section “the older accused” means such one or more of the accused as have attained [F2the 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, proceeds to inquire into the information as examining justices and either commits him for trial or discharges him; 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 [F1youth court] acting for the same place as the remitting court or for the place where he habitually resides.

(3)A person remitted to a [F1youth court] under subsection (2) above shall be brought before and tried by a [F1youth court] accordingly.

(4)Where a person is so remitted to a [F1youth court]

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

(b)the remitting court may 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 [F1youth court].

(5)The preceding provisions of this secion shall apply in relation to a corporation as if it were an individual who has attained [F2the age of 18 years].

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