SCHEDULE 2
Part IF1 Outside Metropolitan Area
F2Youth court panels
1
The following provisions of this Part of this Schedule shall have effect as respects F3petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.
F4Qualification to sit as member of youth court.
X12
A justice shall not be qualified to sit as a member of a F5youth court unless he is
F6(a)
a District Judge (Magistrates’ Courts), or
(b)
a member of a F7youth court panel, that is to say, a panel of justices specially qualified to deal with juvenile cases.
F8 Constitution by single District Judge (Magistrates’ Courts)
F92A
A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.
F10Youth court panels.
3
Subject to the following provisions of this Part of this Schedule, a F11youth court panel shall be formed for every petty sessions area.
Combined F12youth court panels
4
A magistrates’ courts committee may make recommendations to the F13Lord Chancellor—
(a)
for the formation of a combined F14youth court panel for two or more petty sessions areas, or
(b)
for the dissolution of any such combined F14youth court panel,
if the committee’s area comprises at least one of the petty sessions areas concerned.
5
It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the F15Lord Chancellor, to review the functioning of F16youth courts in their area and on completion of the review to submit to the F15Lord 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.
6
Subject to the provisions of this Schedule—
(a)
(b)
where a magistrates’ courts committee fail to comply within six months with a direction of the F17Lord Chancellor under the preceding paragraph, or F17Lord Chancellor is dissatisfied with the report submitted in pursuance of such a direction, he may F20, after consulting the Lord Chief Justice, make such order as he thinks fit F21, after consulting the Lord Chief Justice, for the purposes mentioned in paragraph 4 of this Schedule.
Effect of order establishing combined panel
7
Restrictions on formation of combined panels
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F268A
9
An order under this Schedule providing for the formation of a combined F27 youth 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
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 F28Lord 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.
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 F29Lord Chancellor shall, before making an order, consider any representations made to him by the justices or committee, or by any F30 youth court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.