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Schedule 2E+W CONSTITUTION OF JUVENILE COURTS

Modifications etc. (not altering text)

C1The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W OUTSIDE METROPOLITAN AREA

Juvenile court panelsE+W

1E+WThe 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.

2E+WA 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 is to say, a panel of justices specially qualified to deal with juvenile cases.

3E+WSubject 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 panelsE+W

4E+WA magistrates’ courts committee may make recommendations to the Secretary of State—

(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.

5E+Wlt shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the Secretary of State, to review the functioning of juvenile courts in their area and on completion of the review to submit to the Secretary of State 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.

6E+WSubject to the provisions of this Schedule—

(a)where a magistrates’ courts committee make such recommendations to the Secretary of State, 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 Secretary of State under the preceding paragraph, or the Secretary of State 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.

Effect of order establishing combined panelE+W

7E+WWhere 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 panelsE+W

8E+WNo 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 ; or

(b)two county boroughs.

9E+WAn 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 noticesE+W

10E+WA 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.

11E+WWhere the Secretary of State 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.

12E+WWhere 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 Secretary of State 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.