Children and Young Persons Act 1933

Part I E+W Outside Metropolitan Area

Juvenile court panels E+W

1 The following provisions of this Part of this Schedule shall have effect as respects any area outside the metropolitan stipendiary court area and the City of London.

2 A justice shall not be qualified to sit as a member of a juvenile court unless he is a member of a juvenile court panel, that it to say, a panel of justices specially qualified to deal with juvenile cases.

Yn ddilys o 31/08/2000

[F1 Constitution by single District Judge (Magistrates’ Courts)] E+W

Textual Amendments

F1 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F2 2A A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

Textual Amendments

F2 Sch. 2 para. 2A inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F3 Youth court panels.] E+W

Textual Amendments

F3 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

3 Subject to the following provisions of this Part of this Schedule, a juvenile court panel shall be formed for every petty sessions area.

Combined juvenile court panels E+W

4 A magistrates’ courts committee may make recommendations to the [F4 Lord Chancellor]—

(a) for the formation of a combined juvenile court panel for two or more petty sessions areas, or

(b) for the dissolution of any such combined juvenile court panel,

if the committee’s area comprises at least one of the petty sessions areas concerned.

Textual Amendments

F4 Words in Sch. 2 para. 4 substituted (1.4.1992) by S. I. 1992/709, art. 2(1)(3), Sch. 1

5 It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the [F5 Lord Chancellor], to review the functioning of juvenile courts in their area and on completion of the review to submit to the [F5 Lord Chancellor] either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

Textual Amendments

F5 Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

6 Subject to the provisions of this Schedule—

(a) where a magistrates’ courts committee make such recommendations to the [F6 Lord Chancellor], he may make an order giving effect to them subject to any modifications he thinks fit; and

(b) where a magistrates’ courts committee fail to comply within six months with a direction of the [F6 Lord Chancellor] under the preceding paragraph, or [F6 Lord Chancellor] is dissatisfied with the report submitted in pursuance of such a direction, he may make such order as he thinks fit for the purposes mentioned in paragraph 4 of this Schedule.

Textual Amendments

F6 Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

Effect of order establishing combined panel E+W

7 Where a combined juvenile court panel is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a juvenile court.

Restrictions on formation of combined panels E+W

8 No order under this Schedule shall provide for the formation of a combined juvenile court panel for an area which includes—

(a) a county or part of a county and the whole or part of another county; . . . F7

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Word and para. 8(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

[F8 8A In paragraph 8 above, a reference to a county or part of a county includes a reference to an outer London area (within the meaning of section 2 of the Justices of the Peace Act 1979) or part of such an area.]

Textual Amendments

F8 Sch. 2 para. 8A inserted by S.I. 1985/1383, art. 8, Sch. para. 1, for the purposes of para. (3)(c)(i) of that S.I.

9 An order under this Schedule providing for the formation of a combined juvenile court panel for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Consultations and notices E+W

10 A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

(a) the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and

(b) any other magistrates’ courts committee the whole or part of whose area is concerned;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11 Where the [F9 Lord Chancellor] proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

Textual Amendments

F9 Words in Sch. 2 para. 11 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

12 Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the [F10 Lord Chancellor] shall, before making an order, consider any representations made to him by the justices or committee, or by any juvenile court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Textual Amendments

F10 Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)