C2Part III Protection of Children and Young Persons in relation to Criminal and Summary Proceedings
Youth Courts
46 Assignment of certain matters to F1youth courts.
C11
Subject as hereinafter provided, no charge against a child or young person, and no application whereof the hearing is by rules made under this section assigned to F1youth courts ,shall be heard by a F2magistrates' court which is not a F1youth court:
Provided that—
a
b
where a child or young person is charged with an offence, the charge may be heard by a F2magistrates' court which is not a F1youth court if a person who has attained F3the age of eighteen years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and
c
where, in the course of any proceedings before any F2magistrates' court other than a F1youth court, it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.
F41A
If a notification that the accused desires to plead guilty without appearing before the court is received by the F5designated officer for a court in pursuance of F6section 12 of the M1Magistrates’ Courts Act 1980 and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained F3 the age of eighteen for the purposes of subsection (1) of this section in its application to the proceedings in question.
2
No direction, whether contained in this or any other Act, that a charge shall be brought before a F1youth courtshall be construed as restricting the powers of any justice or justices to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.
3
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Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)