xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

[F1SCHEDULE 2]E+W CONSTITUTION OF JUVENILE COURTS

Textual Amendments

Modifications etc. (not altering text)

C2References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

C3Functions of the Secretary of State in Sch. 2 transferred (1.4.1992) to the Lord Chancellor by virtue of S.I. 1992/709, art. 2(1)(c), Sch.1.

Part IE+W Outside Metropolitan Area

Juvenile court panelsE+W

1The 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.

2A 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.

Valid from 31/08/2000

[F2 Constitution by single District Judge (Magistrates’ Courts)]E+W

Textual Amendments

F2Crossheading 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)

[F32AA youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

[F4Youth court panels.]E+W

Textual Amendments

F4Crossheading 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)

3Subject 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

4A magistrates’ courts committee may make recommendations to the [F5Lord 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

F5Words in Sch. 2 para. 4 substituted (1.4.1992) by S. I. 1992/709, art. 2(1)(3), Sch. 1

5It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the [F6Lord Chancellor], to review the functioning of juvenile courts in their area and on completion of the review to submit to the [F6Lord 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

F6Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

6Subject to the provisions of this Schedule—

(a)where a magistrates’ courts committee make such recommendations to the [F7Lord 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 [F7Lord Chancellor] under the preceding paragraph, or [F7Lord 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

F7Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

Effect of order establishing combined panelE+W

7Where 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

8No 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; . . . F8

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8Word and para. 8(b) repealed by Local Government Act 1972 (c. 70), Sch. 30

[F98AIn 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

F9Sch. 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.

9An 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

10A 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.

11Where the [F10Lord 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

F10Words in Sch. 2 para. 11 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

12Where 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 [F11Lord 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

F11Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)